AWB India Pvt Ltd. v. DCIT

DCIT, CC -1(4), MUMBAI vs. M/S. HINDALCO INDUSTRIES LTD., MUMBAI

Accordingly, there is no substance raised by the department and the same is dismissed

…age of services on as and when required basis. Thus, even if the assessee may not have received all the services, yet the respondent has a right to receive these services. Thus, relying upon a decision of its co-ordinate bench in AWB India Ltd. Vs. DCI (2015) 152 ITD 570 it held that if a package of services is made available on requirement basis, the value of services cannot be taken as Nil, so long as the agreement is not a sham. (c) It is an agreed position between the parties that in the respondent's own case for Assessment Year 2003-04, a similar issue had arisen viz. package of services being available unde…

M/S. HINDALCO INDUSTRIES LTD.(EARLIER KNOWN AS INDIAN ALUMINIUM COMPANY LTD),MUMBAI vs. DCIT, CC -1(4) (EARLIER DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-8,KOLKATTA), MUMBAI

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.612/KOL/2007 (Assessment Year:2003-04) M/s. Hindalco Industries Ltd. Vs. DCIT (Earlier known as Indian Aluminium Company Ltd.) Ahura Centre, 1st Floor, B Wing, Mahakali Caves Road, Andheri (E) Mumbai-400 093 CC-1(4), Mumbai (Earlier Deputy Commissioner of Income Tax Circle-8, Kolkata PAN/GIR No.AAACH1201R (Appellant) (Respondent) ITA No.619/KOL/2007 (Assessment Year:2003-04) DCIT Mumbai CC-1(4), Vs. M/s. Hindalco Industries Ltd. (As a successor to M/s. Indian Aluminium Co…

MERCK SPECIALITIES PVT. LTD,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX,CIRCLE-7(2)(1), MUMBAI

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

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…case will be more appropriate a method of ascertaining the arm‟s length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India Pvt Ltd VS DCIT [(2015) 152 ITD 570 (Del)], has observed as follows: 11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to appreciate the business model and business realities of the appellant and role of its AE, while conducting the economic…

MERCK SPECIALITIES P.LTD,MUMBAI vs. DCIT CIR 7(2)(1), MUMBAI

In the result, the appeal of the assessee is partly allowed as indicated above

Bench: Sri Mahavir Singh, Jm & Sri M Balaganesh, Am आयकर अपील सुं./ Ita No. 1761/Mum/2015 (यिर्ाारण वर्ा / Assessment Year 2010-11) Merck Specialities Pvt. Ltd. The Dy. Commissioner Of Income 8Th Floor, Shiv Sagar Estate- Tax, Circle 7(2)(1) बनाम/ Room No. 623, 6Th Floor, Aayakar A, Dr. Annie Besant Road, Worli, Mumbai-400 018 Bhavan, M.K. Road, Vs. Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaecm2634B अपीलार्थी की ओर े / Appellant By : Shri Arti Vissanji, Ar प्रत्यर्थी की ओर े / Respondent By : Shri Vodhalraj Singh, Dr ुिवाई की तारीख / Date Of Hearing: 05.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 05.12.2019

…आयकर अपीलीय अधिकरण “J” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI श्री महावीर स िंह, न्याययक दस्य एविं श्री एम बालगणेश, लेखा दस्य के मक्ष । BEFORE SRI MAHAVIR SINGH, JM AND SRI M BALAGANESH, AM आयकर अपील सुं./ ITA No. 1761/Mum/2015 (यिर्ाारण वर्ा / Assessment Year 2010-11) Merck Specialities Pvt. Ltd. The Dy. Commissioner of Income 8th Floor, Shiv Sagar Estate- Tax, Circle 7(2)(1) बनाम/ Room No. 623, 6th Floor, Aayakar A, Dr. Annie Besant Road, Worli, Mumbai-400 018 Bhavan, M.K. Road, Vs. Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./PAN No. AA…

MERCK SPECIALITIES P. LTD,MUMBAI vs. DCIT RG 6(3), MUMBAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.1947/Mum/2014 (िनधा"रण वष" / Assessment Year:2009-10) M/S. Merck Specialties Pvt. Ltd. Dcit-Range 6(3) बनाम/ Shiv Sagar Estate Aaykar Bhavan “A”, Annie Besant Road M.K. Road Vs. Worli, Mumbai-400 018. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecm-2634-B (अपीलाथ"/Appellant) (""थ" / Respondent) : Appellant By : Ms. Aarti Vissanji-Ld. Ar Respondent By : Shri Bhupendra Kumar Singh-Ld.Dr सुनवाई की तारीख/ : 17/09/2019 Date Of Hearing घोषणा की तारीख / : 11/11/2019 Date Of Pronouncement आदेश / O R D E R

…case will be more appropriate a method of ascertaining the arm’s length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India Pvt Ltd VS DCIT [(2015) 152 ITD 570 (Del)], has observed as follows: 11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to appreciate the business model and business realities of the appellant and role of its AE, while conducting the economic…

MERCK LTD,MUMBAI vs. DCIT 7(2)(1), MUMBAI

In the result, the appeal of the Assessing Officer for the assessment year

…case will be more appropriate a method of ascertaining the arm’s length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India Pvt Ltd VS DCIT [(2015) 152 ITD 570 (Del)], has observed as follows: I.T.A. No. 1946/Mum/2014 I.T.A. Nos. 1172 and 1222/Mum/2015 Assessment years: 2009-10, 2010-11 Page 16 of 32 11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to apprecia…

DCIT CIR 7(2)(1), MUMBAI vs. MERCK LTD, MUMBAI

In the result, the appeal of the Assessing Officer for the assessment year

…case will be more appropriate a method of ascertaining the arm’s length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India Pvt Ltd VS DCIT [(2015) 152 ITD 570 (Del)], has observed as follows: I.T.A. No. 1946/Mum/2014 I.T.A. Nos. 1172 and 1222/Mum/2015 Assessment years: 2009-10, 2010-11 Page 16 of 32 11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to apprecia…

MERCK LTD,MUMBAI vs. DCIT RG 6(3), MUMBAI

In the result, the appeal of the Assessing Officer for the assessment year

…case will be more appropriate a method of ascertaining the arm’s length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India Pvt Ltd VS DCIT [(2015) 152 ITD 570 (Del)], has observed as follows: I.T.A. No. 1946/Mum/2014 I.T.A. Nos. 1172 and 1222/Mum/2015 Assessment years: 2009-10, 2010-11 Page 16 of 32 11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to apprecia…