THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

gains\nderived by the undertaking from the eligible business, and the business of\nleasing out of assets is not one such business as referred to in section 80-\nIA(4) of the Act. The AO further held that the income relating to such sharing\nof infrastructure with other operators is not related to providing\ntelecommunication services by the assessee

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

gains\nderived by the undertaking from the eligible business, and the business of\nleasing out of assets is not one such business as referred to in section 80-\nIA(4) of the Act. The AO further held that the income relating to such sharing\nof infrastructure with other operators is not related to providing\ntelecommunication services by the assessee

PATEL ENGINEERING LIMITED ,MUMBAI vs. DCIT CC-3(4), MUMBAI

In the result, appeals of the Revenue are dismissed, except for one ground no

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 92A of the Act. In such cases the Assessing Officer will decide whether an AOP is formed or not keeping in view the relevant provisions of the Act and judicial jurisprudence on this issue. 6. The above may be brought to the notice of all for necessary compliance" (Emphasis supplied) 18. Thus, in terms of the aforesaid CBDT Circular

DAGA GLOBAL CHEMICALS LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-12(2)(1), MUMBAI

In the result, the appeal filed by the assessee and the Revenue are

Bench: Shri Shamim Yahya & Shri Amarjit Singhm/S. Daga Global Chemicals D C I T - 12(2)(1) P. Ltd. Room No. 223/262 101, Mahek Plaza 2Nd Floor, Aayakar Bhavan Vs. Off L.T. Road, Maharashtra M.K. Road, Mumbai 400020 Nagar Lane, Borivali (W) Mumbai 400092 Pan – Aaacd2233M Appellant Respondent D C I T - 12(2)(1) M/S. Daga Global Chemicals Room No. 223/262 P. Ltd. 2Nd Floor, Aayakar Bhavan 101, Mahek Plaza Vs. M.K. Road, Mumbai 400020 Off L.T. Road, Maharashtra Nagar Lane, Borivali (W) Mumbai 400092 Appellant Respondent

gain or loss is not computed in absence of transfer of capital assets. Apropos the issue of reasonableness of commission paid: (Cross appeal by Revenue & assessee) 4. The brief facts of the case are that during the course of assessment proceedings, on perusal of the Profit and Loss Account, it was observed by the AO that the assessee had shown

JAY MA DURGA BUILDTECH P. LTD,MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

In the result, the appeal of assessee is allowed

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Jay Maa Durga Buildtech The Deputy Commissioner Private Limited (Merged With Of Income Tax, Cc-7(3), Lodha Construction Private Room No. 655, Aayakar Limited) Bhavan, M.K. Road, Vs. 412, Floor-4, 17G Vardhaman Mumbai-400 020 Chamber, Cawasji Patel Road, Horniman Circle, Fort, Mumbai-400 001 Appellant .. Respondent Pan No. Aabcj7826P

92A of the Act. According to AO, assessee has not filed any report in form no.3CEB as required by the provisions of section 92E of the Act and therefore no arms length price is determined and in the result this transaction and the credit worthiness of the investor and genuineness of transaction remains unproved. We find that the assessee

TIMES INFOTAINMENT MEDIA LTD,MUMBAI vs. DCIT RG 1(3), MUMBAI

In the result, the appeal is allowed in the terms indicated above

Bench: Us Is A Company Now Merged In Bennett

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

TIMES INFOTAINMENT MEDIA LTD,MUMBAI vs. ASST CIT RG 1(3), MUMBAI

In the result, all the three appeal are allowed in the terms indicated above

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

SHILPA SHETTY,MUMBAI vs. ACIT CC 13, MUMBAI

Bench: Hon’Ble Sh. R. C. Sharma, Am & Hon’Ble Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 2445/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2010-11)

92A(2)(j). c. Appellant profession was an 'enterprise' within the meaning of section 92F(iii) of the Act separate from the Appellant being an 'enterprise'. 3. The Appellant therefore, prays that the alleged 'international transaction' was not between AE5 and 3 I.T.A. No. 2445/Mum/2014 Shilpa Shetty therefore the addition be considered as bad in law and be deleted. WITHOUT

TATA CHEMICALS LTD,MUMBAI vs. ADDL CIAT 2(3), MUMBAI

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

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

SWANSTON MULTIPLEX CINEMAS P.LTD,MUMBAI vs. ASST CIT CIR 11(1), MUMBAI

The appeal of the assessee is partly allowed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2005-06 Swanston Multiplex Cinemas Acit, Private Limited, Circle-11(1), बनाम/ 9Th Floor, Viraj Towers, W.E. R. No.467, Vs. Highway Next To Andheri Aayakar Bhavan, Flyover Andheri (East), M. K. Road, Mumai-400093 Mumbai-400020 ("नधा"रती/Assessee) (राज"व /Revenue) Pan No.:-Aafcs6295K

gains. Explanation 1.—For the removal of doubts, it is hereby declared that for the purposes of this sub-clause, any sum paid on account of any rate or tax levied includes and shall be deemed always to have included any sum eligible for relief of tax under section 90 or, as the case may be, deduction from the Indian

TATA CHEMICALS LTD,MUMBAI vs. DCIT 2(3), MUMBAI

Appeal is hereby dismissed as infructuous

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

TATA CHEMICALS LTD,MUMBAI vs. ACIT 2(3), MUMBAI

Appeal is hereby dismissed as infructuous

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

TATA CHEMICALS LTD,MUMBAI vs. ACIT 2(3), MUMBAI

Appeal is hereby dismissed as infructuous

section 92A(2) is concerned, SPVs are covered by more than one clause as the entire voting power (clause a) and entire share capital (clause b) of the SPV is held by the owner of that SPV, but loan advanced, if the remittance is to be treated as a loan to the SPV, by the owner

SAI SHIPPING COMPANY PVT LTD,MUMBAI vs. INCOME TAX OFFICER/NFAC, DELHI

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

92A) are international transactions in terms of section 92B, the same needs to be verified. On perusal of records, it was found that the assessee had determined arm's length price of above international transactions through submission of report in form 3CEB u/s 92E. As regards Corporate Guarantee of Rs. 24.25 crore given by the assessee is concerned

M/S. TATA CHEMICALS LTD,MUMBAI vs. DCIT2(3) (1) - , MUMBAI

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

capital, return on equity and income tax and derived at a tariff rate of Rs.3.99/- for the F.Y. 2016-17. Accordingly, the TP adjustment was reduced to Rs.15,23,15,220/-. 9. We have heard both the parties at length and also perused the relevant finding given in the impugned orders. Before us, the ld. DR referred to various observations

DCIT-5(2)(1),MUMBAI, AAYAKAR BHAVAN vs. JSW STEEL COATED PRODUCTS LIMITED, MUMBAI

In the result, appeal of the

Bench: Shri Pawan Singh & Shri Girish Agrawal

gains derived by an undertaking that is engaged in the eligible activity of power generation. - b. The SDT for which ALP is required to be determined is the 'supply of power by the eligible power generation unit". - c. The method chosen to determine the ALP as well as the choice of tested party should be such as to arrive

DY. COMMISSIONER OF INCOME TAX 5(2)(1), MUMBAI, MUMBAI vs. JSW STEEL COATED PRODUCTS LIMITED, MUMBAI

In the result, appeal of the

Bench: Shri Pawan Singh & Shri Girish Agrawal

gains derived by an undertaking that is engaged in the eligible activity of power generation. b. The SDT for which ALP is required to be determined is the 'supply of power by the eligible power generation unit". c. The method chosen to determine the ALP as well as the choice of tested party should be such as to arrive

DCIT CC 2(4), MUMBAI vs. CONCORD ENVIRO SYSTEMS P. LTD, MUMBAI

In the result, appeal filed by the revenue is allowed for statistical purpose

92A(1). The assessee in this regard reiterated that price has been mutually agreed upon. In this regard the Assessing Officer referred to the provisions of section 56(1) and 56(2) of the Act. He was of the opinion that the assessee is taxable in this regard. He further regarded the transactions as sham and that the assessee