CIT v. Cotton Naturals (I) (P.) Ltd.

Gmr Infrastructure Limited, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Appeal No. Appellant Respondent Year ITA No. 2010-11 M/s. GMR 1705/Bang/2017 Infrastructure Ltd., The Deputy ITA No. No. 25/1, Skip Commissioner of 2011-12 1622/Bang/2017 House, Income Tax, ITA No. Museum Road, Central Circle 2(2), 2012-13 1599/Bang/2017 Bangalore – 560 025. Bangalore. ITA No. PAN: AABCG8889P 2013-14 1600/Bang/2017 M/s. GMR The Assistant Infrastructure Ltd., Commissioner of No. 25/1, Skip ITA Nos. 1741 to 2010-11 to Income Tax, House, 1744/…

M/S on Mobile Global Ltd., Bangalore vs. DCIT, Bangalore

In the result appeal filed by assessee stands allowed for statistical purposes and appeal filed by revenue stands dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 523/Bang/2016 Assessment Year : 2011-12 M/s. OnMobile Global Ltd., Tower # 1, 94/1C & The Deputy 94/2, Veerasandra Commissioner of Village, Income Tax, Attibele Hobli, Circle – 5(1)(2), Anekal Taluk, Bangalore. Vs. Electronic City Phase-I, Bangalore – 560100. PAN: AAACO3900E APPELLANT RESPONDENT & IT(TP)A No. 535/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Shri T. Surya Narayana, Assessee by Advocate : Dr. Manjunath Karkihalli, Revenue by CIT DR Date…

DCIT, Bangalore vs. Onmobile Global Ltd., Bangalore

In the result appeal filed by assessee stands allowed for statistical purposes and appeal filed by revenue stands dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 523/Bang/2016 Assessment Year : 2011-12 M/s. OnMobile Global Ltd., Tower # 1, 94/1C & The Deputy 94/2, Veerasandra Commissioner of Village, Income Tax, Attibele Hobli, Circle – 5(1)(2), Anekal Taluk, Bangalore. Vs. Electronic City Phase-I, Bangalore – 560100. PAN: AAACO3900E APPELLANT RESPONDENT & IT(TP)A No. 535/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Shri T. Surya Narayana, Assessee by Advocate : Dr. Manjunath Karkihalli, Revenue by CIT DR Date…

M/S Talisma Corporation Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2499/Bang/2017 Assessment Year : 2013-14 M/S. Talisma Corporation Pvt. Ltd., 3Rd Floor, Olympia The Deputy Building, Commissioner Of Bagmane Tech Park, Income Tax, C V Raman Nagar, Circle 7 (1)(1), Byrasandra Post, Bangalore. Vs. Bangalore – 560 093. Pan: Aabct1052F Appellant Respondent Assessee By : Shri T. Suryanarayan, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit-Dr Date Of Hearing : 21-03-2022 Date Of Pronouncement : 21-03-2022 Order Per Beena Pillaipresent Appeal Filed By Assessee Against The Final Assessment Order Dated 26.09.2017 For A.Y. 2013-14 By Ld.Dcit, Circle – 7(1)(1), Bangalore On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law. Talisma Corporation Private Limited (Hereinafter Referred To As "Appellant"), Respectfully Craves Leave To Prefer An Appeal Against The Appeal Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The Learned A01 Under Section 143(3) Read With Section 144C(13) Of The Income-Tax Act. 1961 (The Act") On The Following Grounds: That On The Facts & Circumstances Of The Case & In Law: 1. The Learned Ao/ Transfer Pricing Officer (.Tpo') Erred. In Law & In Facts. In Making An Addition Of Inr 1,44.13,409

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 2499/Bang/2017 Assessment Year : 2013-14 M/s. Talisma Corporation Pvt. Ltd., 3rd Floor, Olympia The Deputy Building, Commissioner of Bagmane Tech Park, Income Tax, C V Raman Nagar, Circle 7 (1)(1), Byrasandra Post, Bangalore. Vs. Bangalore – 560 093. PAN: AABCT1052F APPELLANT RESPONDENT Assessee by : Shri T. Suryanarayan, Advocate Revenue by : Dr. Manjunath Karkihalli, CIT-DR Date of Hearing : 21-03-2022 Date of Pronouncement : 21-03-2022 ORDER PER BEENA PIL…

Goodrich Aerospace Services Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru

In the result, the appeal filed by the assessee stands allowed for statistical purposes

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 566/Bang/2021 Assessment Year : 2017-18 M/S. Goodrich Aerospace Services Pvt. Ltd., 14/1 & 15/1, The Deputy Maruthi Industrial Commissioner Of Estate, Income Tax, Phase 2, Hoody Village, Circle – 3 (1)(1), Whitefield Road, Vs. Bangalore. Kr Puram, Bangalore – 560 048. Pan: Aaacb8857H Appellant Respondent Assessee By : Shri K.R. Vasudevan, Advocate : Dr. Manjunath Karkihalli, Cit Revenue By Dr Date Of Hearing : 16-03-2022 Date Of Pronouncement : 16-03-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order Dated 30.08.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2017-18 On Following Grounds Of Appeal: “The Grounds Hereinafter Taken By The Appellant Are Without Prejudice To One Another. I. Transfer Pricing 1. The Learned Assessing Officer ("Ao"), Learned Transfer Pricing Officer ("Learned Tpo") & The Honourable Dispute

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 566/Bang/2021 Assessment Year : 2017-18 M/s. Goodrich Aerospace Services Pvt. Ltd., 14/1 and 15/1, The Deputy Maruthi Industrial Commissioner of Estate, Income Tax, Phase 2, Hoody Village, Circle – 3 (1)(1), Whitefield Road, Vs. Bangalore. KR Puram, Bangalore – 560 048. PAN: AAACB8857H APPELLANT RESPONDENT Assessee by : Shri K.R. Vasudevan, Advocate : Dr. Manjunath Karkihalli, CIT Revenue by DR Date of Hearing : 16-03-2022 Date of Pronouncement : 16-03-2022…

M/S Cypress Semiconductor Technology India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-2(1)(1), Bangalore

In the result, appeal of the assessee stands partly allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 3133/Bang/2018 Assessment Year : 2014-15 M/S. Cypress Semiconductor Technology India Pvt. Ltd., The Deputy No. 65/2, Bagmane Laurel, Commissioner Of Block C, Bagmane Tech Park, Income Tax, C.V Raman Nagar, Circle – 2 (1)(1), Bangalore – 560 093. Bangalore. Vs. Pan: Aabcc2470Q Appellant Respondent

…an international transaction and ALP of such international transaction has to be determined by Ld.TPO. In so far as charging of rate of interest is concerned, he relied on decision of the Hon'ble Delhi High Court in CIT vs. Cotton Naturals (I) Pvt. Ltd (2015) 276 CTR 445 (Del) holding that currency in which such amount is to be re-paid, determines rate of interest. He, therefore, concluded by summing up that interest on outstanding trade receivables is an international transaction and its ALP has been correctly determined. Page 25 IT(TP)A No. 3133/Bang/2018 We have perused the submissions advanced by both the si…

American Power Conversion (India) Private Limited, Bangalore vs. Addl.C.I.T., Bangalore

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 1111/Bang/2012 Assessment Year : 2008-09

…an international transaction and ALP of such international transaction has to be determined by Ld.TPO. In so far as charging of rate of interest is concerned, he relied on decision of the Hon'ble Delhi High Court in CIT vs. Cotton Naturals (I) Pvt. Ltd (2015) 276 CTR 445 (Del) holding that currency in which such amount is to be re-paid, determines rate of interest. He, therefore, concluded by summing up that interest on outstanding trade receivables is an international transaction and its ALP has been correctly determined. We have perused the submissions advanced by both the sides in the light of the records plac…

Swiss Re Global Business Solutions India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bangalore

In the result, the appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER IT(TP)A No.397/Bang/2021 Assessment year : 2016-17 Swiss Re Global Business Solutions Vs. The Addl./Jt./Dy./Asst. India Pvt. Ltd., Commissioner of Income Tax/ITO, 2nd to 5th Floor, Fairwinds Building, National Faceless Assessment Embassy Golf Links Business Park, Centre (NFAC), Challaghatta Village, Varthur Hobli, Delhi. Bengaluru – 560 071. PAN: AAECS 8786L APPELLANT RESPONDENT Appellant by : Shri Nageswar Rao, Advocate Respondent by : Shri Manjunath Karkihalli, CI…