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18 results for “transfer pricing”+ Section 239clear

Sorted by relevance

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Key Topics

Section 10(1)24Addition to Income16Section 4013Section 143(3)12Section 14A12Disallowance11Section 92C8Section 143(1)6Depreciation

GSS INFOTECH LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

ITA 2367/HYD/2018[2014-15]Status: DisposedITAT Hyderabad23 Jan 2020AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Smt. Y.V.S.T. Sai
Section 143(3)Section 92C

section 37(1) of Income Tax Act. 4.7 Erred in not appreciating the fact that advances written off are in the nature of business loss as defined u/s 28 of the Act and hence allowable as business expenses. 4.9 Erred in not appreciating the fact that trade advanced were made during the course of its business by the appellant

GSS INFOTECH LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

6
Section 115J5
Exemption5
Section 10B4
ITA 2255/HYD/2017[2013-14]Status: DisposedITAT Hyderabad23 Jan 2020AY 2013-14

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Smt. Y.V.S.T. Sai
Section 143(3)Section 92C

section 37(1) of Income Tax Act. 4.7 Erred in not appreciating the fact that advances written off are in the nature of business loss as defined u/s 28 of the Act and hence allowable as business expenses. 4.9 Erred in not appreciating the fact that trade advanced were made during the course of its business by the appellant

DGS TECHNICAL SERVICES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-8(1), HYDERABAD

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

ITA 1095/HYD/2024[2021-22]Status: DisposedITAT Hyderabad31 Oct 2025AY 2021-22

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 143(3)Section 144C(5)Section 92C

239/-. The assessee has filed Form 3CB along with the return of income and reported international transactions with its Associated Enterprises (A.E.), i.e., DGS INC., for providing structural steel engineering and detailing services at Rs. 51,16,93,970/-. The assessee has conducted a Transfer Pricing study by adopting Transactional Net Margin Method (TNMM) as 5 DGS Technical Services Private

RAIN CEMENTS LIMITED, HYD,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 864/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 May 2023AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2008-09 M/S. Rain Cements Ltd Vs. Dy. Commissioner Of (Formerly Known As Rain Income Tax, Circle 3 (1) Cii Carbon (India) Ltd Hyderabad Hyderabad Pan:Aabcr8858F (Appellant) (Respondent) Assessee By: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue By: Dr.Rajendra Kumar, Cit-Dr Date Of Hearing: 20/03/2023 Date Of Pronouncement: 31/05/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 24.03.2017 Passed U/S 143(3) R.W.S. 144C(5) R.W.S. 260 Of The I.T. Act For The A.Y 2008-09. 2. This Appeal Was Earlier Decided By The Tribunal Vide Order Dated 18.10.2019. Subsequently Vide Ma No.15/Hyd/2020, Dated 23.3.2021, The Tribunal Recalled The Entire Order For Fresh Adjudication. Therefore, This Is A Recalled Matter.

For Appellant: Advocate Prathishta Singh &For Respondent: Dr.Rajendra Kumar, CIT-DR
Section 10BSection 115JSection 143(2)Section 143(3)Section 147Section 148Section 92C

transfer pricing adjustment is concerned, he submitted that a calculation error has been pointed out identifying the escaped income at INR 29,87,704/- which relates to the corporate guarantee fee which has been computed by the TPO. He submitted that the TPO had made the adjustment on the basis of the quantum of the corporate guarantee taking into account

DEMI REALTORS,HYDERABAD vs. DCIT, CIRCLE-6(1), HYDERABAD

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

ITA 156/HYD/2023[2008-09]Status: DisposedITAT Hyderabad05 Feb 2024AY 2008-09

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Respondent: Ms. T. Vijaya Lakhsmi, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(3)Section 40a

section is very clear and the appellant has incurred the expenditure and the appellant has made the payment to the various parties and persons. The appellant has, to circumvent, not accounted for the same and has also not brought out any evidence from M/s.DLF that they have accounted for such transactions in their books as cash payments. The MoU cannot

INCOME TAX OFFICER, WARD-4(5), HYDERABAD vs. SHRILEKHA BUSINESS CONSULTANCY PVT LTD(FORMERLY KNOWN AS SHRILEKHA FINANCIAL SERVICES INITIALLY AND SUBSEQUEBTLY M/S SHRILEKHA BUSINESS CONSULTANCY ), HYDERABAD

In the result, both the appeals of the revenue are dismissed

ITA 1041/HYD/2019[2014-15]Status: DisposedITAT Hyderabad04 Nov 2020AY 2014-15

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am & Income Tax Officer, Vs. M/S. Shrilekha Business Consultancy Ward – 4(5) Pvt. Ltd., (Pan No.Aaycs0021L) Hyderabad (Formerly M/S. Shrilekha Financial Services Initially & Subsequently M/S. Shrilekha Business Consultancy, Both Are With Pan:Aacfs9088A 3-6-478, Iv Floor, Anand Estate, Liberty Road, Himayath Nagar Hyderabad Pan/Gir No. Aacfs9088A (Appellant) .. (Respondent)

Section 143(3)Section 45(3)Section 56

239 (SC). (iii) If the capital contribution was for no or inadequate consideration, Section 56(1) of the Act does not apply. (iv) In any case, accounting entries and nomenclature of the account in the books of the assessee would not determine the taxability of any receipt. Reliance in this regard was placed on the decision

INCOME TAX OFFICER, WARD-4(5), HYDERABAD vs. SHRILEKHA FINANCIAL SERVICES (PRESENTLY KNOWN AS M/S SHRILEKHA BUSINESS CONSULTANCY), HYDERABAD

In the result, both the appeals of the revenue are dismissed

ITA 1371/HYD/2018[2015-16]Status: DisposedITAT Hyderabad04 Nov 2020AY 2015-16

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am & Income Tax Officer, Vs. M/S. Shrilekha Business Consultancy Ward – 4(5) Pvt. Ltd., (Pan No.Aaycs0021L) Hyderabad (Formerly M/S. Shrilekha Financial Services Initially & Subsequently M/S. Shrilekha Business Consultancy, Both Are With Pan:Aacfs9088A 3-6-478, Iv Floor, Anand Estate, Liberty Road, Himayath Nagar Hyderabad Pan/Gir No. Aacfs9088A (Appellant) .. (Respondent)

Section 143(3)Section 45(3)Section 56

239 (SC). (iii) If the capital contribution was for no or inadequate consideration, Section 56(1) of the Act does not apply. (iv) In any case, accounting entries and nomenclature of the account in the books of the assessee would not determine the taxability of any receipt. Reliance in this regard was placed on the decision

REASONING GLOBAL E-APPLICATIONS LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 2028/HYD/2017[2012-13]Status: DisposedITAT Hyderabad23 Aug 2022AY 2012-13

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2012-13 Reasoning Global E- Vs. Dy. C.I.T. Application Ltd, Hyderabad Circle 3(1) Pan:Aadcr6701P Hyderabad (Appellant) (Respondent) Assessee By: Shri Swapnil Deshmukh, Ca Revenue By: Shri Rohit Mujumdar, Dr Date Of Hearing: 07/06/2022 Date Of Pronouncement: 23/08/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.09.2017 Of The Learned Cit (A)-3, Hyderabad Relating To A.Y.2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Company Is Engaged In The Business Of Providing It Enabled Electronic Commerce Services. It Filed Its Return Of Income For The A.Y 2012-13 On 30.09.2012 Declaring Loss Of Rs.9,52,71,232/-. During The Course Of Assessment Proceedings, The Assessing Officer Noted That The Assessee Has Debited An Amount Of Rs.1,02,18,116/- Towards Web Hosting Charges. From The Bills/Invoices Produced For The Expenditure So Claimed, The Page 1 Of 19

For Appellant: Shri Swapnil Deshmukh, CAFor Respondent: Shri Rohit Mujumdar, DR
Section 9(1)(vi)

239 1TR 587 (SC)- IMT Labs 287 ITR 450 (AAR) it was held that irrespective of the taxability of the same in the hands of foreign enterprise, it was legal obligation on the part of the assessee to deduct tax u/s. 195/1) of the Act. 4.18 The Hon'ble ITAT Hyderabad in the case of Frontline Soft Limited Vs. DCIT

NUNHEMS INDIA PRIVATE LIMITED,R.R.DIST vs. JCIT, RANGE 16, HYDERABAD

In the result, the assessee’s appeal for the A

ITA 327/HYD/2012[2008-2009]Status: DisposedITAT Hyderabad05 Jul 2018AY 2008-2009

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri Nageswar RaoFor Respondent: Smt. Suman Malik
Section 143(1)Section 143(3)Section 194JSection 195Section 40Section 43B

239) which has been heavily relied upon by the Learned CITA, we find that human intervention is required only for installation! setting up/ repairing/ servicing/ maintenance/ capacity augmentation of the network. But after completing this process, mere interconnection between the operators while roaming, is done automatically and does not require human intervention and accordingly cannot be construed as technical services

NUNHEMS INDIA PVT.LTD.,,R.R.DIST vs. ADDL.CIT, RANGE-16, HYDERABAD

In the result, the assessee’s appeal for the A

ITA 290/HYD/2011[2006-07]Status: DisposedITAT Hyderabad05 Jul 2018AY 2006-07

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri Nageswar RaoFor Respondent: Smt. Suman Malik
Section 143(1)Section 143(3)Section 194JSection 195Section 40Section 43B

239) which has been heavily relied upon by the Learned CITA, we find that human intervention is required only for installation! setting up/ repairing/ servicing/ maintenance/ capacity augmentation of the network. But after completing this process, mere interconnection between the operators while roaming, is done automatically and does not require human intervention and accordingly cannot be construed as technical services

NUNHEMS INDIA PRIVATE LIMITED,,HYDERABAD vs. ASST.CIT,CIRCLE 16(1),,

In the result, the assessee’s appeal for the A

ITA 1775/HYD/2013[2009-10]Status: DisposedITAT Hyderabad05 Jul 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri Nageswar RaoFor Respondent: Smt. Suman Malik
Section 143(1)Section 143(3)Section 194JSection 195Section 40Section 43B

239) which has been heavily relied upon by the Learned CITA, we find that human intervention is required only for installation! setting up/ repairing/ servicing/ maintenance/ capacity augmentation of the network. But after completing this process, mere interconnection between the operators while roaming, is done automatically and does not require human intervention and accordingly cannot be construed as technical services

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(1),, HYDERABAD vs. NUZIVEEDU SEEDS LIMITED, R.R. DIST, HYDERABAD

In the result, all the appeals under consideration are treated as allowed for statistical purposes in above terms

ITA 1463/HYD/2017[2012-13]Status: DisposedITAT Hyderabad31 May 2022AY 2012-13

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Sriram SeshadriFor Respondent: Shri Y.V.S.T. Sai
Section 10(1)Section 115JSection 14A

section 9 of the above referred Act, the copy of the lease has to be filed with Tehsildar within 30 days of the execution of the lease deed. It is humbly submitted that the seed production agreement is not in the nature of lease of land and also not as per terms of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural

NUZIVEEDU SEEDS LIMITED,R.R.DIST. vs. DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD

In the result, all the appeals under consideration are treated as allowed for statistical purposes in above terms

ITA 1456/HYD/2017[2012-13]Status: DisposedITAT Hyderabad31 May 2022AY 2012-13

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Sriram SeshadriFor Respondent: Shri Y.V.S.T. Sai
Section 10(1)Section 115JSection 14A

section 9 of the above referred Act, the copy of the lease has to be filed with Tehsildar within 30 days of the execution of the lease deed. It is humbly submitted that the seed production agreement is not in the nature of lease of land and also not as per terms of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(1),, HYDERABAD vs. NUZIVEEDU SEEDS LIMITED, R.R. DIST, HYDERABAD

In the result, all the appeals under consideration are treated as allowed for statistical purposes in above terms

ITA 1464/HYD/2017[2013-14]Status: DisposedITAT Hyderabad31 May 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Sriram SeshadriFor Respondent: Shri Y.V.S.T. Sai
Section 10(1)Section 115JSection 14A

section 9 of the above referred Act, the copy of the lease has to be filed with Tehsildar within 30 days of the execution of the lease deed. It is humbly submitted that the seed production agreement is not in the nature of lease of land and also not as per terms of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural

NUZIVEEDU SEEDS LIMITED,R.R.DIST. vs. DY.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD

In the result, all the appeals under consideration are treated as allowed for statistical purposes in above terms

ITA 1457/HYD/2017[2013-14]Status: DisposedITAT Hyderabad31 May 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Sriram SeshadriFor Respondent: Shri Y.V.S.T. Sai
Section 10(1)Section 115JSection 14A

section 9 of the above referred Act, the copy of the lease has to be filed with Tehsildar within 30 days of the execution of the lease deed. It is humbly submitted that the seed production agreement is not in the nature of lease of land and also not as per terms of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural

MOKAMA MUNGER HIGHWAY LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 2146/HYD/2018[2015-16]Status: DisposedITAT Hyderabad03 Jul 2019AY 2015-16

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part

MOKAMA MUNGER HIGHWAY LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-16(4), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 2145/HYD/2018[2014-15]Status: DisposedITAT Hyderabad03 Jul 2019AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part

MOKAMA MUNGER HIGHWAY LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 1729/HYD/2018[2013-14]Status: DisposedITAT Hyderabad03 Jul 2019AY 2013-14

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part