TURNER & TOWNSEND PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 25(2), NEW DELHI

In the result, Appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S.

36(l)(va) within the time allowed as per the relevant statute. Total 81,34,504 3.1. The facts, in brief, regarding the impugned addition(s) made by the Ld. AO/ TPO are outlined herein below: 5 Turner & Townsend Pvt. Ltd. Vs. ACIT A. As regards the addition made on account of transfer pricing adjustment under section 92CA read with

ACIT CIRCLE-1(1), GURGAON vs. BELLSONICA AUTO COMPONENT SH. INDIA PRIVATE LTD. , GURGAON

In the result, the Appeal in ITA No

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S.

section 36(l)(va) of the Act 3.1 On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has rightly deleted an addition of INR 4,326,453/- made u/s 36(1)(va). 3.2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has rightly appreciated

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT CIRCLE-61(1),, NEW DELHI

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri M Balaganesh & Ms. Astha Chandraasstt. Year: 2017-18

36(1)(va) Rs. 1,42,72,897/- r.w.s. 2(24)(x) Total Assessed Income Rs. 45,93,89,452/- 3.2 The claim of deduction under section 80IA(4) was denied and taken as ‘NIL’. Accordingly, the final assessment was completed on 29.07.2022 by the Ld. AO under section 143(3)/ 92CA/ 144C(13) of the Act. 4. Aggrieved thereby

GOODYEAR INDIA LTD.,FARIDABAD vs. DCIT, CIRCLE-10(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

transfer pricing report, applying TNMM, erroneously concluding that the appellant has determined the ALP of trading transaction by comparing its entity wide margin with comparable companies. 4.2 That the DRP/ TPO erred on facts and in law in applying RPM with internal comparable not appreciating that the non-AE segment too, has substantial related party transaction as almost

GOODYEAR INDIA LTD,FARIDABAD vs. ACIT, CIRCLE-10(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

transfer pricing report, applying TNMM, erroneously concluding that the appellant has determined the ALP of trading transaction by comparing its entity wide margin with comparable companies. 4.2 That the DRP/ TPO erred on facts and in law in applying RPM with internal comparable not appreciating that the non-AE segment too, has substantial related party transaction as almost

BSC C&C JOINT VENTURE,NEW DELHI vs. DCIT, CIRCLE-61(1), NEW DELHI

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: SHRI G.S. PANNU (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

36(1)(va) r.w.s. 1,08,85,080/- 2(24)(x), as discussed in para 2.5.4 Less Disallowance of deduction claimed NIL u/s. 80IA as discussed in para 2.5.5 Total assessed income Rs. 49,81,91,872/- 4.3 The claim of deduction under section 80IA(4) was denied and taken as ‘NIL’. Accordingly, the final assessment was completed

FIL INDIA BUSINESS & RESEARCH PVT. LTD. ,DELHI vs. DCIT, CIRCLE 2(1), C.R BUILDING , DELHI

In the result, the appeal of the assesse is partly allowed

sections": [ "143(3)", "144C(13)", "144B", "92CA", "92C(3)", "92D", "100", "36(1)(Va)", "138", "36(1)(Va)", "234C", "234B", "209", "139", "270A" ], "issues": "Whether the transfer pricing

TERADATA INDIA PVT LTD,GRUGRAM vs. DCIT CIRCLE-3(1), GURUGRAM

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

Transfer Pricing Grounds 3. That on facts of the case and in law, the Hon'ble DRP/ Learned TPO/ Learned AO have erred in rejecting the economic analysis undertaken by the Appellant by conducting a fresh economic analysis for the impugned transaction. ITA Nos. 1248 & 2337/Del/2022 (A) ITA Nos. 1430/Del/2022 (R) Teradata India Pvt. Ltd 4. That on facts

ACIT-CIRCLE-3(1), GURGAON vs. TERADATA INDIA PRIVATE LIMITED, GURGAON

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

Transfer Pricing Grounds 3. That on facts of the case and in law, the Hon'ble DRP/ Learned TPO/ Learned AO have erred in rejecting the economic analysis undertaken by the Appellant by conducting a fresh economic analysis for the impugned transaction. ITA Nos. 1248 & 2337/Del/2022 (A) ITA Nos. 1430/Del/2022 (R) Teradata India Pvt. Ltd 4. That on facts

TERADATA INDIA P.LTD,GURUGRAM vs. DCIT,CIRCLE-3(1), GURUGRAM

Appeal of the revenue is allowed for AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar Us

Transfer Pricing Grounds 3. That on facts of the case and in law, the Hon'ble DRP/ Learned TPO/ Learned AO have erred in rejecting the economic analysis undertaken by the Appellant by conducting a fresh economic analysis for the impugned transaction. ITA Nos. 1248 & 2337/Del/2022 (A) ITA Nos. 1430/Del/2022 (R) Teradata India Pvt. Ltd 4. That on facts

DEFSYS SOLUTIONS PVT. LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-15, NEW DELHI

In the result the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms Astha Chandra

36(1)(va) r.w.s 43B of the Act. 5.2 Alternatively, the Ld. AO has erred in appreciating the fact and the law that the expenses incurred was wholly and exclusively for the purpose of business and should be allowed under section 37(1) of the Act. 6. That the Ld. AO has erred in making adjustment

MOBASE INDIA PVT. LTD. ,UTTAR PRADESH vs. ACIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Deydr. B. R. R. Kumara.Y. : 2016-17 Mobase India Pvt. Ltd., Vs The Acit, 1C, Front Part Of Front Building, National E-Assessment Centre, Udyog Vihar, Ecotech-Ii, Greater New Delhi. Noida 201306, Up (Appellant) (Respondent) Pan No. Aaecd 8832 G Assessee By : Sh. Rajesh Dua, Ca Revenue By : Sh. Rajesh Kumar, Cit(Dr) Date Of Hearing: 06.12.2023 Date Of Pronouncement: 27.02.2024

36(1)(va) and treating the same income of the assessee under section 2 (24)(x) of the Income Tax Act,1961, without considering that the provisions of section 43B are applicable to such payment as the payment has been deposited before filing of Income Tax Return as per section 139(1) of the Act. 5.2 The Assessing Officer erred

AERO CLUB,NEW DELHI vs. ACIT, CENTRAL CIRCLE-49(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

36(1)(va) inserted w.e.f. 01.04.2021 is prospective in nature and does not apply to the year under consideration Le FY 2017-18. 10) That the Ld. TPO and consequently the Ld. AO have erred in law and in the circumstances of the appellant by initiation of penalty proceedings u/s 270A of the Act for underreporting of income.” 4 Aero

ACIT, CIRCLE- 27(1), NEW DELHI vs. UNIPARTS INDIA LTD., NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri Anil Chaturvedi & Shri Saktijit Deyassessment Year: 2010-11

Transfer Pricing Officer (TPO), assessee was a part of Gripwell Group. 6. During the year under consideration, the assessee entered into various international transactions with its AEs. However, except the transaction relating to interest charged on loans advanced to AEs, the TPO accepted all other transactions to be at arm’s length. In so far as 3 ITA No.6056/Del./2017

ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI vs. GARG ACRYLICS LTD., NEW DELHI

In the result, the appeal of the assessee is allowed whereas the appeal of the Revenue is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

36(1)(va) and not by section 43 B of the Income Tax Act, 1961 (“the act”) 3. Whether on the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.14,400/- made by AO on account of disallowance of expenditure incurred on Club Fees of Directors, failing to appreciate the claim

GARG ACRYLICS LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 4, NEW DELHI

In the result, the appeal of the assessee is allowed whereas the appeal of the Revenue is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

36(1)(va) and not by section 43 B of the Income Tax Act, 1961 (“the act”) 3. Whether on the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the addition of Rs.14,400/- made by AO on account of disallowance of expenditure incurred on Club Fees of Directors, failing to appreciate the claim

GRID CONTROLLER OF INDIA (FORMERLY KNOWN AS POWER SYSTEM OPERATION CORPORATION LTD),DELHI vs. DCIT CIRCLE-19(1), DELHI

In the result, the appeal is allowed for statistical purposes

Bench: Dr. Brr Kumar & Sh. Anubhav Sharmagrid Controller Of India Vs. Dcit (Formerly Known As Power System Circle-19(1), Operation Corporation Ltd) Delhi. B-9, 1St Floor, Qutab Institutional Area, Katwaria Sarai, Hauz Khas, South Delhi, New Delhi Pan No. Aafcp2086B (Appellant) (Respondent)

price of the asset is reduced from WDV for the purpose of calculation of depreciation. Hence this amount was 3 excluded from income but has been added in the computation u/s 143 (1) of the Income-tax Act, 1961. 2.3 Lastly grants in aid of Rs.38,45,173/- is a non current liability being of capital nature, hence

MICROSOFT CORPORATION (INDIA) PRIVATE LIMITED,NEW DELHI vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE - 6, DELHI

In the result, the appeal filed by the Revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2015-16 Acit, 16(1), Vs Microsoft Corporation (India) New Delhi. Pvt. Ltd., 807, New Delhi House, New Delhi – 110 001. Pan: Aaacm5586C Assessment Year: 2015-16 Microsoft Corporation (India) Pvt. Vs. Jcit, Ltd., Special Range-6, 807, New Delhi House, Delhi. New Delhi – 110 001. Pan: Aaacm5586C

Transfer Pricing adjustment in respect of the international transactions entered by the Assessee with its associated enterprises during the year under consideration. 2.1 During the course of the assessment proceedings, the AO required the assessee to show cause why advertisement, publicity and sales promotion expenditure should not be considered as capital in nature as it is of enduring benefit going