M/S. SARJAK CONTAINER LINES PVT LTD,MUMBAI vs. DCIT, CIRCLE 3(1)(1), MUMBAI

ITA 1791/MUM/2026Status: DisposedITAT Mumbai16 September 2026AY 2022-2314 pages
AI SummaryPartly Allowed

What were the facts?

The assessee, engaged in shipping and project logistics, appealed against an assessment order concerning transfer pricing adjustments, denial of foreign tax credit, and disallowances under Section 40(a)(i) and for foreign exchange loss. The Tribunal admitted additional evidence filed by the assessee.

What did the Tribunal hold?

The Tribunal allowed the appeal regarding the transfer pricing adjustment and the disallowance under Section 40(a)(i), finding that the payments were not chargeable to tax in India. However, the grounds related to foreign tax credit and foreign exchange loss were dismissed.

What were the issues?

The key issues were whether transfer pricing adjustments for operational expense reimbursement were justified, whether foreign tax credit could be claimed as a business expenditure, and if payments to non-residents were subject to TDS under Section 195.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B,Section 92CA(1),Section 40(a)(i),Section 195,Section 90,Section 91,Section 37(1),Section 40(a)(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI

Before: SHRI OM PRAKASH KANT & ANIKESH BANERJEE

For Respondent: Shri Pravin Salunkhe, Sr. DR

PER: SHRI ANIKESH BANERJEE, (JM):

The instant appeal of the assessee filed against the order of the Ld. Assessment Unit, Income Tax Department [for brevity “Ld. AO”], order passed under Section 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income Tax Act, 1961 (for brevity, ‘the Act’), date of order 12.12.2025. The impugned order originated by pursuing the order of the Ld. Commissioner of Income Tax, (DRP- 1

ITA 1791/MUM/2026 M/S

The order continues below.

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