UCB INDIA PVT. LTD,MUMBAI vs. ADDL/ ACIT/ JT/ DY/ NFAC, MUMBAI

ITA 905/MUM/2021Status: DisposedITAT Mumbai31 August 2026AY 2016-1721 pages
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What did the Tribunal hold?

The Tribunal held that the issue regarding the applicability of DTAA rate to DDT is pending before the Supreme Court and remitted it to the Assessing Officer for adjudication based on the outcome. The Tribunal also allowed the assessee's appeal regarding interest under section 234A, finding it not warranted due to a technical glitch in filing the return.

What were the facts?

The assessee, UCB India Private Limited, transferred a part of its identified business to Dr. Reddy's Laboratories Limited on a slump sale basis. The Transfer Pricing Officer (TPO) proposed an adjustment to the total income by treating this transaction as a deemed international transaction. The assessee challenged the TPO's approach and valuation reports.

What were the issues?

The key issues were the treatment of a business transfer as a deemed international transaction for transfer pricing purposes, the applicability of DTAA rates to DDT, and the levy of interest under section 234A due to a technical filing glitch.

Which sections of the Income-tax Act were involved?

Section 92CA,Section 92B,Section 115-O,Section 234A,Section 153,Section 144C

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, J BENCH, MUMBAI

For Appellant: Shri Rajan Vora and Shri Pranay Gandhi, CA
For Respondent: Ms. Jayshree Thakur, Sr. DR
Hearing: 28.08.2026Pronounced: 31.08.2026

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the final assessment order passed pursuant to the directions of ld. Dispute Resolution Panel-3, Mumbai (DRP) vide order No. ITBA/DRP/F/144C(5)/2020-21/1031623057(1) dated 19.03.2021, u/s. 144C(5) of the Income-tax Act (hereinafter referred to as the “Act”), for the Assessment Year 2016-17. 2. Assessee has raised the following grounds of appeal: On the facts and in the circumstances of the case and in law, the learned AO/Joint Commissioner of Income-tax Transfer Pricing-4(2) (Learned TPO) Hon'ble Panel has: GENERAL

1.

Erred in assessing the total income at INR 11,31,56,51,392 as aga

The order continues below.

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