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

III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G of the Act towards donation to various eligible institutions by incorrectly holding that that any expenses incurred

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

III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G of the Act towards donation to various eligible institutions by incorrectly holding that that any expenses incurred

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

III-Corporate Tax Grounds 6. Denial of deduction under Section 80G 6.1. That on the facts and circumstances of the case and in law, the Learned AO has erred in disallowing the deduction of INR 27,03,104/- claimed under section 80G of the Act towards donation to various eligible institutions by incorrectly holding that that any expenses incurred

DCM SHRIIRAM LIMITED,NEW DELHI vs. NEAC, NEW DELHI

80G of\nthe Act. The company has declared book profit u/s 115JB at INR\n2,46,12,21,172/- and paid MAT on book profits. The return of\nincome was revised on 13.07.2016 at an income of INR\n22,56,33,190/-. The case of the assessee was taken up for scrutiny\nand a reference under section 92CA

DCIT, NEW DELHI vs. DCM SHRIRAM LTD, NEW DELHI

80G of\nthe Act. The company has declared book profit u/s 115JB at INR\n2,46,12,21,172/- and paid MAT on book profits. The return of\nincome was revised on 13.07.2016 at an income of INR\n22,56,33,190/-. The case of the assessee was taken up for scrutiny\nand a reference under section 92CA

DCM SHRIRAM LIMITED,DELHI vs. ASSESSMENT UNIT, DELHI

80G of\nthe Act. The company has declared book profit u/s 115JB at INR\n2,46,12,21,172/- and paid MAT on book profits. The return of\nincome was revised on 13.07.2016 at an income of INR\n22,56,33,190/-. The case of the assessee was taken up for scrutiny\nand a reference under section 92CA

DCM SHRIRAM LTD,NEW DELHI vs. ACIT, CIRCLE-7(1), NEW DELHI

80G of\nthe Act. The company has declared book profit u/s 115JB at INR\n2,46,12,21,172/- and paid MAT on book profits. The return of\nincome was revised on 13.07.2016 at an income of INR\n22,56,33,190/-. The case of the assessee was taken up for scrutiny\nand a reference under section 92CA

HONDA MOTORCYCLE AND SCOOTER INDIA PVT. LTD. ,GURGAON vs. ACIT, CIRCLE-1(1), GURUGRAM

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

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI CHALLA NAGENDRA PRASAD (Judicial Member)

80G while making such donations. Re: Disallowance U/S 80JJAA - INR 15. That the AO/DRP erred on facts and in law in disallowing deduction claimed u/s 80JJAA of the Act to the extent of INR 30,00,253/-. 8 ITA No.1523/Del./2022 15.1 That the AO/DRP erred on facts and in law by applying the provision of amended section

SONY INDIA PVT. LTD.,NEW DELHI vs. NATIOANAL E- ASSESMENT CENTRE, NEW DELHI

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

Bench: Shri Chandra Mohan Garg & Shri N.K. Billaiya

price below cost is allowed even though such loss has not been realized actually. At this stage, we need to emphasize once again that the above system of commercial accounting can be superseded or modified by legislative enactment. This is where section comes into play. Under that section, the Central Government is empowered to notify from time to time

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

5% of the total fixed capiul investment.\n-technical know-how lees or drawing fees paid in bomp sum to foreign collaborators or foreign\nsuppliers as approved by Government of India or paid to laboratories recognised by the State\nGovernment or Central Government.\n(1) Working capital (whether raised through Banks or otherwise and including working capital\nitargin), goodwill fees

HEMKUNT FOUNDATIONS,GURUGRAM vs. PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL) -1, DELHI, DELHI

In the result, the appeal filed by assessee is allowed and the Stay

Bench: Shri M. Balaganesh & Shri Vimal Kumarassessment Year: 2021-22 & Stay Application No.329Del/2024 ( In Ita No. 631/Del/2024 ) Assessment Year: 2021-22 Hemkunt Foundations, Vs. Principal Commissioner Plot No.809, Second Floor, Income Tax, Rd 42, Sector 42, Central-1, Gurugram, Haryana New Delhi Pin: 122 002 Pan No. Aaath8443C (Appellant) (Respondent)

transfer u/s 127. This position has been confirmed by a Constitution Bench of Supreme Court in Kashiram Aggarwala Vs UOI ((1965) 56 ITR 14 (SC). [ Attached @ S. No 3 in Revenue's Judgement PB II] D (iv) It is well-settled that non-mentioning of correct section number, or quoting wrong section number in an Order does not invalidate

JCIT(OSD), NEW DELHI vs. STATESTREET CORPORATE SERVICES DELHI PVT LTD, DELHI

In the result, the appeals of the Revenue in:

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandra

iii) of section 10AA unit should not formed by the transfer to a new business of machinery or plant previously used for any purposes. But in the instant case as per note 2.24 of the Audited Financials the asset (computed) of value of Rs.40,72,127/- were transferred to the assessee company from an existing business of a company named

JCIT OSD, NEW DELHI vs. STATESTREET CORPORATE SERVICES DELHI PRIVATE LIMITED, NEW DELHI

In the result, the appeals of the Revenue in:

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandra

iii) of section 10AA unit should not formed by the transfer to a new business of machinery or plant previously used for any purposes. But in the instant case as per note 2.24 of the Audited Financials the asset (computed) of value of Rs.40,72,127/- were transferred to the assessee company from an existing business of a company named

JCIT(OSD), NEW DELHI vs. STATESTREET CORPORATE SERVICES DELHI PVT LTD, NEW DELHI

In the result, the appeals of the Revenue in:

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandra

iii) of section 10AA unit should not formed by the transfer to a new business of machinery or plant previously used for any purposes. But in the instant case as per note 2.24 of the Audited Financials the asset (computed) of value of Rs.40,72,127/- were transferred to the assessee company from an existing business of a company named

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

5% of the total fixed capiul investment.\n-technical know-how lees or drawing fees paid in bomp sum to foreign collaborators or foreign\nsuppliers as approved by Government of India or paid to laboratories recognised by the State\nGovernment or Central Government.\n(1) Working capital (whether raised through Banks or otherwise and including working capital\nitargin), goodwill fees

M/S GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT,, NEW DELHI

iii) Only one unit per village in the eugible area will be given pioneer status.\n(ir) A new industrial unit will not be eligible for the grant of pioneer status if it is set up in a taluka whero 10 or more units having such investment have already been set up prior to the cate of the registration

COMPAREX INDIA P.LTD,NEW DELHI vs. ITO, CIRCLE-4(2), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Accountant Member)

80G amounting to INR 15,14,475/- already claimed by the Appellant in its Return of Income. Interest and Penalty Grounds: 1. On the facts and in the circumstances of the case and in law, the Ld. AO has erred in levying interest under sections 234B and 234C of the Act in the final assessment order passed for relevant

SHREE CHANDI MAA MAHAKALI PRACHIN MANDIR SIDH PEETH SAMITI,SONIPAT vs. CPC, BANGLORE

iii) The sales made in respect of each category was then consolidated\n\n(iv) Country wise monthly average prices realized in the same or\npreceding month from uncontrolled customers was adopted as\nthe arm's length price for exports made in each country.\n(v) In the absence of sales to unrelated parties in a specific country,\nmonthly average