CIT v. Thyseen Krupp

Novartis India Ltd, Mumbai vs. Addl CIT RG 7(1), Mumbai

In the result, appeal filed by the assessee is partly allowed as stated above

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited Addl. Cit, Range 7(1) V. Aayakar Bhavan, M.K. Road Sandoz House, Dr. Annie Besant Road Worli, Mumbai - 400018 Mumbai Pan: Aaach2914F Appellant Respondent Assessee Represented By : Shri Rajan Vora & Shri Pranay Gandhi Revenue Represented By : Shri Rajneesh Yadav

…anies cannot be considered as comparable to entrepreneurial companies like Assessee.  Novartis Healthcare Pvt. Ltd (ITA 7643/M/2012) dated 30 April 2015 (Page no. 566 to 592 of Legal Paper-book dated 2 December 2021)  Thyssen Krupp Industries India (P) Ltd (385 ITR 612) (Bombay HC) [Page no. 593 to 597 of Legal Paper-book dated 2 December 2021)  Jacobs Engineering India (P.) Ltd (109 taxmann.com 298 (Mumbai)) (Page no. 598 to 601 of Legal Paper-book dated 2 December 2021)  International SOS Services India Pvt Ltd (ITA No. 1631/Del/2014) dated 8 December 2015 affirmed b Delhi High Court in ITA 454/2016 dated 3…

Accc 30, Mumbai vs. United Shippers Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed and appeal filed by the AO is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm The Asst. Commissioner Of United Shippers Ltd. United India Bldg, 2N D Floor, Sir Income-Tax, Circle-30 R.No. 403, 4Th Floor, P.M. Road , Vs. Aayakar Bhavan, M.K. Marg, Fort, Mumbai-400 020 Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaacu0764C The Asst. Commissioner Of United Shippers Ltd. Income-Tax, Circle-30 United India Bldg, 2N D Floor, Sir R.No. 403, 4Th Floor, P.M. Road , Vs. Ayakar Bhavan, Fort, M.K. Marg, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent)

…rvices India private limited (ITA 454/2016 Del). We have carefully considered the contention raised by the assessee with the annual report furnished before us at page number 1 – 62 of paper book – 2. Coming to the decision of the honourable Bombay High Court (385 ITR 612) engineers India Ltd which was directed to be excluded by the coordinate bench was ITA Nos.3036 & 2986/Mum/2012 United Shippers Ltd; AY 2007-08 upheld. The reasons for such exclusion were that engineers India Ltd was found to be a government company and its annual report indicated that the substantial part of its revenue in execution of turnkey p…

Ngc Nework (India) P.Ltd, Mumbai vs. Asst CIT Cir 16(1), Mumbai

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

…ers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Krupp reported as 385 ITR 612(Bom).] 6 ITA NO.1658/Mum/2015(A.Y.2010-11) ITA NO.1245/Mum/2016(A.Y.2011-12) C.O.No.265/Mum/2017 6.2 In respect of TSRDL, the ld. Authorized Representative for the assessee submitted that the said company is engaged in BPO/KPO activities and hence, cannot be compared to assessee, a business support provider. The ld. Authorized Representative f…

Asst CIT 16(1), Mumbai vs. Ngc Networks (I) P. Ltd, Mumbai

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

…ers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Krupp reported as 385 ITR 612(Bom).] 6 ITA NO.1658/Mum/2015(A.Y.2010-11) ITA NO.1245/Mum/2016(A.Y.2011-12) C.O.No.265/Mum/2017 6.2 In respect of TSRDL, the ld. Authorized Representative for the assessee submitted that the said company is engaged in BPO/KPO activities and hence, cannot be compared to assessee, a business support provider. The ld. Authorized Representative f…

Ngc Network (India) P. Ltd, Mumbai vs. Asst CIT RG 11(1), Mumbai

Bench: Shri R.C.Sharma & Shri Vikas Awasthy[

…ers India Ltd. from the list of comparables on the ground that it is a Government Undertaking. The Department carried the issue in appeal before the Hon’ble High Court. The Hon’ble High Court upheld the findings of Tribunal [ CIT vs. Thyseen Krupp reported as 385 ITR 612(Bom).] 6 ITA NO.1658/Mum/2015(A.Y.2010-11) ITA NO.1245/Mum/2016(A.Y.2011-12) C.O.No.265/Mum/2017 6.2 In respect of TSRDL, the ld. Authorized Representative for the assessee submitted that the said company is engaged in BPO/KPO activities and hence, cannot be compared to assessee, a business support provider. The ld. Authorized Representative f…

Rolls Royce Marine India P.Ltd, Navi Mumbai vs. DCIT Cir 15(3)(1), Mumbai

In the result, assessee’s appeal is partly allowed

Bench: Shri Pramod Kumar & Shri Saktijit Dey

…IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT, AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA no.7424/Mum./2017 (Assessment Year : 2013–14) Rolls Royce Marine India Pvt. Ltd. Plot no.D–505, TTC Industrial Area ……………. Appellant MIDC, Turbhe, Nari Mumbai 400 703 PAN – AAACU4687L v/s Dy. Commissioner of Income Tax ……………. Respondent Circle–15(3)(1), Mumbai Assessee by : Ms. Karishma Patharphekar Revenue by : Shri Vodhalraj Singh Date of Hearing – 14.11.2019 Date of Order – 05.02.2020 O R D E R PER SAKTIJIT DEY, J.M. This is an appeal by the assessee against the asse…

Agc Networks Ltd, Mumbai vs. DCIT Cir 14(1)(2), Mumbai

In the result, assessee appeal stands partly allowed

Bench: Shri Shamim Yahya (Am) & Shri Pawan Singh (Jm)

…he above, the DRP has directed deletion of BVG India Ltd. resulting into arm's length mark-up of 13.53 %. The appellant submits that Apitco Ltd. is not comparable as it is a Government company. See CIT v. Thyssen Krupp Industries India Private Limited. (2016) 385 ITR 612. In any event, the business of the said entity is also not functionally comparable as they are carrying business in capacity as a government enterprise. Further, this company is engaged in providing services such as asset reconstruction and management, cluster allotment for mega footmarks and environment services, energy related services, infrast…

DCIT 8(2)(1), Mumbai vs. Siemens Power Engineering P. Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledcit – 8(2)(1) V. M/S. Siemens Power Engineering Pvt. Ltd., Room No. 624, 6Th Floor {Through Their Successor M/S. Siemens Ltd.,} Aayakar Bhavan 130, Pandurang Budhkar Marg M.K. Road Worli, Mumbai – 400 018 Mumbai – 400 020 Pan: Aaccs5323F (Appellant) (Respondent) Co.No. 158/Mum/2016 [Arising Out Of Ita No.1907/Mum/2016 (A.Y: 2011-12)] Dcit – 8(2)(1) M/S. Siemens Power Engineering Pvt. Ltd., V. {Through Their Successor Room No. 624, 6Th Floor M/S. Siemens Ltd.,} Aayakar Bhavan, M.K. Road 130, Pandurang Budhkar Marg Mumbai – 400 020 Worli, Mumbai – 400 018 Pan: Aaccs5323F (Appellant) (Respondent) Assessee By : Shri Nitesh Joshi Department By : Shri Anand Mohan

…national transactions. 6 CO.No. 158/Mum/2016 M/s. Siemens Power Engineering Pvt. Ltd., 7. Ld. Counsel for the assessee further referring to the decision of the Hon'ble Jurisdictional High Court in the case of CIT v. Thyssen Krupp Industries India (P.) Ltd., [385 ITR 612] submits that a question “whether on the facts and circumstances of the case and in law the Tribunal was justified in excluding M/s. Engineers India Ltd., from the list of comparables” has come up before the Hon'ble High Court and the Hon'ble High Court affirmed the order of the Tribunal in excluding the government company from the list of compar…

Emerson Electric Company ( India) P. Ltd, Mumbai vs. Asst CIT 9(2)(2), Mumbai

In the result, the appeal of the assessee in ITA No

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm

…rs International Ltd., is a wholly owned subsidiary of Engineers India Ltd., which is not in dispute before us. We find that the Hon‟ble Jurisdictional High Court in the case of CIT vs. Thyssen Krupp Industries India Pvt. Ltd., in ITA No.2218/2013 reported in 385 ITR 612 (BOM) had accepted the finding of the Tribunal for Engineers India Ltd., is a Government company. The relevant operative portion of the said decision of Hon‟ble Bombay High Court supra is as under:- Re question (b) :- (a) The grievance of the respondent assessee before the Tribunal was that M/s. Engineers India Ltd. has been erroneously introduce…

British Marine Plc-India Branch, Mumbai vs. DCIT (It) 1(3)(2)

In the result, the appeal is allowed for statistical purposes

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 M/S British Marine Plc- Dcit(It)-1(3)(2) India Branch Mumbai. Vs. 903, ‘C’ Wing, 215, Antrium, Next To Courtyard, Marriot, A.K. Road, Andheri (E) Mumbai-400065 Pan No. Aaaco6627Q Appellant Respondent Assessee By : Shri Jiger Saiya & Shri Darshan Dalal, Ar Revenue By : Shri V. Jenardhenan, Dr Date Of Hearing : 31/07/2017 Date Of Pronouncement : 27/10/2017

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K” MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2011-12 M/s British Marine PLC- DCIT(IT)-1(3)(2) India Branch Mumbai. Vs. 903, ‘C’ Wing, 215, Antrium, Next to Courtyard, Marriot, A.K. Road, Andheri (E) Mumbai-400065 PAN No. AAACO6627Q Appellant Respondent Assessee by : Shri Jiger Saiya & Shri Darshan Dalal, AR Revenue by : Shri V. Jenardhenan, DR Date of Hearing : 31/07/2017 Date of pronouncement : 27/10/2017 ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant a…