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2016 (1) TMI 582 - DELHI HIGH COURT The court upheld the disallowance of carry forward of accumulated business losses under Section 79 due to a change in shareholding. However, it remanded the issue of determining the existence of an international transaction involving Advertising, Marketing, and Promotion (AMP) expenses between the Assessee and its Associated Enterprises for a fresh examination in line with the Sony Ericsson judgment. The court stressed the importance of a detailed analysis to establish the international transaction and determine the Arm's Length Price (ALP) accordingly.
2022 (10) TMI 256 - ITAT DELHI The Tribunal ruled in favor of the Assessee, directing the Assessing Officer to recompute charges under Sections 194I and 194C of the Income Tax Act. It determined that Common Area Maintenance (CAM) charges are distinct from rent and should be treated separately for tax deduction purposes. The Tribunal relied on legal precedents and circulars to establish that CAM charges constitute part of rent under Section 194I. Additionally, it canceled interest on alleged short tax deductions based on statutory amendments and the payee's discharge of tax liability. The Assessee's appeal was allowed for statistical purposes, emphasizing the importance of segregating rent and CAM charges for TDS compliance.
2020 (12) TMI 517 - DELHI HIGH COURT The High Court set aside the ITAT's order remanding the matter to the TPO for determining the cost of international transactions based on a Special Bench order. The Court directed the TPO to consider the Division Bench's directions, emphasizing a detailed examination of the operating agreement to establish the existence of international transactions involving AMP expenses. This decision underscores the importance of adhering to legal precedents and court rulings in transfer pricing matters, ensuring a fair assessment of costs related to international transactions, particularly those involving AMP expenses.
2018 (10) TMI 1615 - NATIONAL ANTI-PROFITEERING AUTHORITY The case involved an allegation of profiteering against Respondent No. 1 for not passing on tax reduction benefits to customers. Despite investigations and hearings, the evidence did not establish profiteering. The Authority dismissed the application seeking action under Section 171 of the CGST Act, 2017 against the Respondents, deeming it not maintainable. The case was closed, and the order was to be shared with all concerned parties.
2018 (2) TMI 1701 - ITAT DELHI The appeals by the assessee for both assessment years were partly allowed, while the appeals by the department for both assessment years were dismissed. The ITAT's decisions were largely consistent with earlier rulings and upheld the findings of the Commissioner of Income Tax (Appeals) on most issues.
2014 (12) TMI 600 - ITAT DELHI The Tribunal partly allowed the assessee's appeal in a transfer pricing case involving adjustments in AMP expenses and support services segment. The Tribunal remitted several issues for fresh determination by the AO/TPO, following precedents and ensuring a thorough examination of the facts and applicable law. The Revenue's appeal was partly allowed for statistical purposes.
2015 (4) TMI 698 - MADRAS HIGH COURT The High Court allowed the writ petition, quashing the impugned order and remitting the matter for fresh consideration by the second respondent. The Court emphasized the need for a reasoned decision within a specified timeframe, criticizing the first respondent's failure to consider the peculiar nature of the petitioner's business and the second respondent's lack of proper review before forwarding the representation. The Court clarified the jurisdiction of the second respondent in revising orders and stressed the importance of correct findings in quasi-judicial inquiries.
2005 (5) TMI 55 - DELHI High Court The court dismissed the writ petition challenging the order directing a special audit under Section 142(2A) of the Income-tax Act, 1961. It held that the Assessing Officer's decision was based on a proper understanding of the accounts and interaction with the assessee, demonstrating a valid application of mind. The court emphasized that a detailed pre-decisional hearing or show-cause notice was not necessary, and a purposeful interaction regarding the complexity of the accounts sufficed. The approval by the Commissioner was deemed non-mechanical, and the order did not violate principles of natural justice.
2023 (10) TMI 270 - ITAT DELHI The judgment focused on the applicability of tax provisions on Common Area Maintenance (CAM) charges and the delay in filing appeals. The court ruled in favor of the assessee, holding that CAM charges should be governed by section 194-C, not 194-I, based on precedent. The delay in filing appeals was condoned due to genuine oversight and communication issues. The Assessing Officer was directed to re-compute the CAM charges accordingly.
2023 (2) TMI 58 - ITAT DELHI The Appellate Tribunal ITAT Delhi allowed the Assessee's appeal, directing the Assessing Officer to recalculate the tax liability based on the applicability of Section 194-C for CAM charges. The Tribunal emphasized the importance of consistent TDS deductions and the need to verify tax payments by deductees to determine the Assessee's default status accurately.
2022 (2) TMI 1325 - ITAT DELHI The Tribunal upheld the deletion of disallowance of set off of brought forward losses under section 79 of the Income-tax Act, 1961, due to a change in shareholding. It was held that as there was no change in the immediate shareholding pattern of the assessee company, section 79 did not apply. Additionally, the disallowance of club expenditure in AY 2014-15 was also deleted as it was deemed to be incurred wholly and exclusively for business purposes. Both appeals by the Revenue were dismissed, and the Tribunal's decision was pronounced on February 22, 2022.
2021 (9) TMI 952 - ITAT MUMBAI The ITAT upheld the CIT(A)'s decision, allowing the set-off of brought forward losses. Despite a change in shareholding due to a merger, beneficial ownership and voting power remained effectively unchanged within the same group of companies. The Revenue's appeal was dismissed, confirming Section 79 was not applicable due to continuity in control and management by TRIL.
2015 (9) TMI 138 - ITAT DELHI The Tribunal dismissed the department's appeals, upholding the CIT(A)'s decisions on all issues, including the deletion of additions related to various expenses. The Tribunal found no merit in the departmental appeals, emphasizing that the CIT(A) correctly followed previous orders of the Tribunal and the Jurisdictional High Court.
2023 (3) TMI 850 - ITAT DELHI The Tribunal differentiated between rent and Common Area Maintenance (CAM) charges, ruling that CAM charges were not in the nature of rent and should be treated under section 194C instead of section 194I of the Income Tax Act. The Tribunal emphasized that CAM charges were for specific maintenance services unrelated to the leased area, distinct from rent for the use of premises. The decision highlighted the need to accurately classify and apply tax deductions to CAM charges, supporting the assessee's position and directing the Assessing Officer to re-compute the charges under section 194C.
2018 (7) TMI 2297 - ITAT BANGALORE The appeals were allowed for statistical purposes as the Tribunal found that the Transfer Pricing Officer (TPO) failed to establish the existence of an international transaction obliging the assessee to incur AMP expenditure for the benefit of its Associated Enterprise (AE). The Tribunal directed a reassessment by the TPO to determine the true nature of the transaction and the appropriate Arms Length Price (ALP) adjustments, emphasizing the need for a detailed analysis of the Functional Analysis and economic substance of the transactions between the appellant and its AE.
2021 (12) TMI 447 - ITAT MUMBAI The Tribunal allowed the appeal, quashing the CIT's order under Section 263 and restoring the original assessment order by the A.O. It was held that the A.O's view on set-off of losses was plausible, rendering the CIT's revisional jurisdiction unjustified. Section 79 was deemed inapplicable due to ultimate control resting with the holding company despite shareholding changes. The Tribunal referenced relevant case law to support its decision, emphasizing the A.O's obligation to favor the assessee in case of conflicting judgments.
2016 (12) TMI 1545 - ITAT MUMBAI The tribunal allowed the appeal, overturning the disallowance of hotel expenses by lower authorities. The expenses for boarding and lodging of a non-resident strategic investor were found to be commercially justified and mutually agreed upon, supported by a board resolution. The tribunal emphasized that expenses incurred for business purposes should be allowed if there is a reasonable nexus to the business and commercial expediency, regardless of necessity. Therefore, the disallowance of hotel expenses was deemed unjustified, as they were incurred in the interest of the business and for commercial expediency.
2023 (3) TMI 101 - ITAT DELHI The Tribunal allowed the appeal, ruling that CAM charges should be treated separately from rent charges for tax purposes. It emphasized the distinction between the two types of charges and determined that CAM charges should be subject to TDS under section 194-C, not section 194-I. The decision underscored the significance of separate agreements and the nature of expenses incurred, ultimately favoring the assessee in the case.
2021 (2) TMI 350 - ITAT DELHI The Tribunal upheld the approach of the Transfer Pricing Officer (TPO) in adjusting the arm's length price of international transactions in the IT enabled segment but directed verification of functional similarity and business models of comparables. It did not delve into the jurisdictional error of referring the matter to the TPO. The Tribunal directed verification of comparables, including Cosmic Global Ltd., and computation of correct operating margins for R Systems International Ltd. It upheld the exclusion of certain comparables due to functional dissimilarity, extraordinary events, or public sector status, while setting aside the exclusion of HCL Comnet Systems and Services Ltd.
2006 (10) TMI 88 - DELHI HIGH COURT The court upheld the validity of Instruction No. 3 of 2003 issued by the Central Board of Direct Taxes (CBDT) and dismissed the writ petition challenging its legality. It clarified the roles of the Assessing Officer (AO) and Transfer Pricing Officer (TPO) under the Income-tax Act, preserving the AO's discretion in determining the arm's length price (ALP) and emphasizing that the TPO's determination was not binding. The court highlighted the instruction's role as guidance to enhance efficiency, subject to periodic review by the CBDT. The petitioner's request to quash the assessment order was declined, with the court directing the petitioner to address additional grounds in the pending appeal before the Commissioner of Income-tax (Appeals).
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