VAIDYA MANGAT RAI FOUNDATION,CHANDIGARH vs. CIT(EXEMPTION), CHANDIGARH

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

Bench: Shri G. S. Pannu & Shri Anubhav Sharmavaidya Mangat Rai The Commissioner Of Foundation Vs. Income Tax (Exemptions) Friends Colony Chandigarh Gali No.2, Hansi Road Bhiwani. Pan-Aadtv 6078Q (Appellant) (Respondent) Assessee By Shri Tej Mohan Singh, Adv. Department By Ms. Sapna Bhattia, Cit-Dr Date Of Hearing 25/01/2024 Date Of Pronouncement 18/04/2024

iv) of the first proviso, rejecting such application, after affording it a reasonable opportunity of being heard;] (iii) …….” 5. The Commissioner of Income Tax (Exemption), Jaipur in the case of the Assessee held that the Activities of the Assessee had commenced in July 2020, hence the assessee was liable to make application for Approval u/s 80G

M/S. HAVELLS INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Vs Havells India Ltd. Acit 1, Raj Narian Marg, Ltu Civil Lines New Delhi New Delhi Aaach0351E (Respondent) (Appellant)

80G (Rs.22,30,000) Net loss adjusted by A.O with current year (Rs.4,67,99,123) profits On appeal, the CIT(A) confirmed the action of the Assessing Officer in adjusting the losses of earlier assessment years pertaining to Baddi Unit and Haridwar Unit while computing deduction under section 80-IC of the Act in the year under consideration

M/S D.E. SHAW INDIA ADVISORY SERVICES PVT. LTD.,,NEW DELHI vs. JCIT, NEW DELHI

Appeals of the assessee stand partly allowed in terms of our specific observations and

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaay: 2010-11 Ay: 2011-12 Ay: 2012-13 D.E. Shaw India Advisory Services Pvt. Ltd., Vs Dcit, E-20, 1St & 2Nd Floor, Circle 7(1), Main Market, Hauz Khas, New Delhi. New Delhi-110016 (Pan: Aabce6097P) (Appellant) (Respondent) Appellant By : Shri Kapil Hirani, Ca Shri Suresh Tolani, Adv. Shri Darpan Kirpalani Respondent By : Shri T.M. Shivakumar, Cit ( Dr)

IV (hereinafter referred to as 'the Hon'ble DRP') under section 143(3) read with section 144C(5) of the Act, is a vitiated order having been passed in violation of principles of natural justice and is otherwise arbitrary and is thus bad in law and void ab-initio. 2. That

D.E. SHAW INDIA ADVISORY SERVICES PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stand partly allowed in terms of our specific observations and

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaay: 2010-11 Ay: 2011-12 Ay: 2012-13 D.E. Shaw India Advisory Services Pvt. Ltd., Vs Dcit, E-20, 1St & 2Nd Floor, Circle 7(1), Main Market, Hauz Khas, New Delhi. New Delhi-110016 (Pan: Aabce6097P) (Appellant) (Respondent) Appellant By : Shri Kapil Hirani, Ca Shri Suresh Tolani, Adv. Shri Darpan Kirpalani Respondent By : Shri T.M. Shivakumar, Cit ( Dr)

IV (hereinafter referred to as 'the Hon'ble DRP') under section 143(3) read with section 144C(5) of the Act, is a vitiated order having been passed in violation of principles of natural justice and is otherwise arbitrary and is thus bad in law and void ab-initio. 2. That

D.E. SHAW INDIA ADVISORY SERVICES PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stand partly allowed in terms of our specific observations and

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaay: 2010-11 Ay: 2011-12 Ay: 2012-13 D.E. Shaw India Advisory Services Pvt. Ltd., Vs Dcit, E-20, 1St & 2Nd Floor, Circle 7(1), Main Market, Hauz Khas, New Delhi. New Delhi-110016 (Pan: Aabce6097P) (Appellant) (Respondent) Appellant By : Shri Kapil Hirani, Ca Shri Suresh Tolani, Adv. Shri Darpan Kirpalani Respondent By : Shri T.M. Shivakumar, Cit ( Dr)

IV (hereinafter referred to as 'the Hon'ble DRP') under section 143(3) read with section 144C(5) of the Act, is a vitiated order having been passed in violation of principles of natural justice and is otherwise arbitrary and is thus bad in law and void ab-initio. 2. That

NALWA STEEL POWER LIMITED,NEW DELHI vs. ACIT, CIRCLE- 17(2), NEW DELHI

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

iv) by rejecting the comparable market rate for procurement of power even from the same CSEB to AE without appreciating the fact that the purchase of power provided by these companies are similar to the functional profile of the appellant. by selecting certain companies towards sale of power through (v) exchange as comparable without appreciating that the average of power

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 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

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

AMWAY INDIA ENTERPRISES PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE 1(1), DELHI / NFAC, DELHI

Appeal of the assessee is allowed

Bench: Shri Sudhir Pareek & Shri Manish Agarwalamway India Enterprises Private Dcit, Limited, Circle-1(1), Ground Floor, Elegance Tower, Vs. Delhi/Nfac. Plot No.8, Non Hierarchical Commercial, Jasola, Delhi-110025. Pan-Aaaca5603Q (Appellant) (Respondent)

5. Ground of appeal No.1 is general in nature and needs no adjudication. 6. In Ground of appeal No. 2 assessee has challenged the various additions/disallowance made on account of transfer price adjustment and donation and further challenged the income computed in the order passed u/s 143(1) of the Amway India Enterprises Private Limited vs. DCIT Act where

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

M/S DABUR INDIA LTD.,,DELHI vs. ACIT, NEW DELHI

In the result appeal of the assessee is partly allowed for statistical purposes and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 3257/Del/2013 : Asstt. Year : 2006-07 Dabur India Ltd., Vs Asstt. Commissioner Of Income 8/3, Asaf Ali Road, Tax, Central Circle-22, New Delhi New Delhi (Appellant) (Respondent) Pan No. Aaacd0474C

80G of the Act of Rs.1,59,88,250/-. The adjusted book profit u/s 115JB of the ITA Nos. 3257 & 3492/Del/2013 7 Dabur India Ltd. Act had been declared at Rs.211,42,99,386/-. The said return was processed u/s 143(1) of the Act at the returned book profit u/s 115JB of the Act. Later on, the case

DCIT, NEW DELHI vs. M/S DABUR INDIA LTD,, NEW DELHI

In the result appeal of the assessee is partly allowed for statistical purposes and that of the department is dismissed

Bench: Sh. N. K. Saini, Am & Sh. Sudhanshu Srivastava, Jm Ita No. 3257/Del/2013 : Asstt. Year : 2006-07 Dabur India Ltd., Vs Asstt. Commissioner Of Income 8/3, Asaf Ali Road, Tax, Central Circle-22, New Delhi New Delhi (Appellant) (Respondent) Pan No. Aaacd0474C

80G of the Act of Rs.1,59,88,250/-. The adjusted book profit u/s 115JB of the ITA Nos. 3257 & 3492/Del/2013 7 Dabur India Ltd. Act had been declared at Rs.211,42,99,386/-. The said return was processed u/s 143(1) of the Act at the returned book profit u/s 115JB of the Act. Later on, the case

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

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

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

MICROSOFT INDIA (R&D) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the Revenue is dismissed and that of the assessee is partly allowed for statistical purposes

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

section 271 (1 )(c) of the Act. The above grounds of appeal are mutually exclusive and without prejudice to each other. The Appellant craves leave to add, amend, vary, omit or substitute, withdraw any of the aforesaid grounds of appeal at any time before or at the time of hearing of the appeal.” 3. The assessee is a private limited