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

vi) an entity making fresh application for approval under clause (23C) of section 10, for registration under section 12AA, for approval under section 80G shall be provisionally approved or registered for three years on the basis of application without detailed enquiry even in the cases where activities of the entity are yet to begin and then it has to apply

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

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

VI-A of the Act, which is otherwise eligible. 6.4. That on the facts and circumstances of the case and in law, the Learned AO has erred in not appreciating the intent of the legislature that the disallowance of deduction under Section 80G of the Act by way of CSR contribution was limited to clauses (iiihk) and (iiihl) of section

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

VI-A of the Act, which is otherwise eligible. 6.4. That on the facts and circumstances of the case and in law, the Learned AO has erred in not appreciating the intent of the legislature that the disallowance of deduction under Section 80G of the Act by way of CSR contribution was limited to clauses (iiihk) and (iiihl) of section

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

VI-A of the Act, which is otherwise eligible. 6.4. That on the facts and circumstances of the case and in law, the Learned AO has erred in not appreciating the intent of the legislature that the disallowance of deduction under Section 80G of the Act by way of CSR contribution was limited to clauses (iiihk) and (iiihl) of section

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

SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-22(2), DELHI

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

Bench: Shri Challa Nagendram Prasad & Shri Naveen Chandra

transfer pricing are dismissed as withdrawn. 5. Ground Nos. 28 to 32 relate to disallowance on account of salary paid to expatriates. 6. At the very outset, the ld. counsel for the assessee submitted that this issue is squarely covered in favour of the assessee and against the Revenue by the decision of the co-ordinate bench in assessee

SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED,NEW DELHI vs. ITO, DELHI

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

Bench: Shri Challa Nagendram Prasad & Shri Naveen Chandra

transfer pricing are dismissed as withdrawn. 5. Ground Nos. 28 to 32 relate to disallowance on account of salary paid to expatriates. 6. At the very outset, the ld. counsel for the assessee submitted that this issue is squarely covered in favour of the assessee and against the Revenue by the decision of the co-ordinate bench in assessee

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

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

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

vi) Those units which have already commenced production before Ist April 1956 will so not be eligible for the incentive under this scheme.\n(vii) Pioneer benefit will not be available for expansion of diversification.\n(viii) Existing units undertaking expansion or diversification will also not be eligible for the piance: status for their expansion/livenification.\n(ix) Modernisation, renovation, rehabituation

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

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

vi) Those units which have already commenced production before Ist April 1956 will so not\nbe eligible for the incentive under this scheme.\n(vii) Pioneer benefit will not be available for expansion of diversification.\n(viii) Existing units undertaking expansion or diversification will also not be eligible for the piance:\nstatus for their expansion/livenification.\n(ix) Modernisation, renovation, rehabituation

GUJRAT 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

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

vi) Those units which have already commenced production before Ist April 1956 will so not\nbe eligible for the incentive under this scheme.\n(vii) Pioneer benefit will not be available for expansion of diversification.\n(viii) Existing units undertaking expansion or diversification will also not be eligible for the piance:\nstatus for their expansion/livenification.\n(ix) Modernisation, renovation, rehabituation