Dresser Rand India Pvt Ltd. v. Additional CIT

MUMBAI DCIT 4.2.1, MUMBAI vs. M/S. HAMON COOLING SYSTEMS PVT. LTD, MUMBAI

…Hon‟ble Delhi High Court, in the case of CIT Vs Cushman and Wakefield (India) Pvt Ltd [(2014) 367 ITR 730 (Del)], and approving the path followed by a decision of Mumbai bench of the Tribunal in the case of Dresser Rand India Pvt Ltd Vs Additional CIT [(2012) 13 ITR (Trib) 422 (Mum)], had observed: xx xx 9. In the present case, the ALP adjustment has been made by the TPO and the DRP has “enhanced” the same. In the DRP order itself, it has been stated that “the TPO has suggested that the adjustment/ disallowance [Emphasis, by underlining, supplied by us now] of ……….. is justified”. That, however, is factually inco…

HAMON SHRIRAM COTTRELL P. LTD,MUMBAI vs. ITO 9(2), MUMBAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.1882/Mum/2014 (धििाारण वर्ा / Assessment Year: 2009-10) M/S Hamon Cooling Systems Pvt. Ltd. Dcit-9(2) (Earlier Known As M/S Hamon Shriram Aaykar Bhawan बिाम/ Cottrell Pvt. Ltd.) M.K.Road Main Frame, 3A-8A, Gf Mumbai-400 020 Vs. Royal Palam Complex Goregaon(W), Mumbai – 400 065 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaact-2254-Q (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Shri Sanjay R.Parikh-Ld.Ar प्रत्यथीकीओरसे/Respondent By : Shri Sushil Kumar Mishra- Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 09/06/2021 घोषणाकीतारीख /Date Of Pronouncement : 09/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (): - 1. Aforesaid Appeal By Assessee For Assessment Year [Ay] 2009-10 Contest Final Assessment Order Dated 30/12/2013 Passed By Ld. Deputy Commissioner Of Income Tax-9(2), Mumbai [Ao] U/S 143(3) Read With Section 144C(13) Pursuant To The Directions Of Ld. Dispute Resolution

…Hon‟ble Delhi High Court, in the case of CIT Vs Cushman and Wakefield (India) Pvt Ltd [(2014) 367 ITR 730 (Del)], and approving the path followed by a decision of Mumbai bench of the Tribunal in the case of Dresser Rand India Pvt Ltd Vs Additional CIT [(2012) 13 ITR (Trib) 422 (Mum)], had observed : 33. The TPO, in this case, noted that the services of the Client Solutions Group did not create any specific benefit for the assessee, but rather, that the relationship between Cushman & Wakefield, United States and IBM predated the assessee's involvement. The assessee thus received only an incidental benefit from tha…

HAMON SHRIRAM COTTRELL PVT. LTD.,MUMBAI vs. DCIT - 9(2), MUMBAI

In the result, all the three appeals are allowed

…Hon’ble Delhi High Court, in the case of CIT Vs Cushman and Wakefield (India) Pvt Ltd [(2014) 367 ITR 730 (Del)], and approving the path followed by a decision of Mumbai bench of the Tribunal in the case of Dresser Rand India Pvt Ltd Vs Additional CIT [(2012) 13 ITR (Trib) 422 (Mum)], had observed : 33. The TPO, in this case, noted that the services of the Client Solutions Group did not create any specific benefit for the assessee, but rather, that the relationship between Cushman & Wakefield, United States and IBM predated the assessee's involvement. The assessee thus received only an incidental benefit from th…

HAMON SHRIRAM COTTRELL P. LTD,MUMBAI vs. ITO WD 10(1)(1), MUMBAI

In the result, all the three appeals are allowed

…Hon’ble Delhi High Court, in the case of CIT Vs Cushman and Wakefield (India) Pvt Ltd [(2014) 367 ITR 730 (Del)], and approving the path followed by a decision of Mumbai bench of the Tribunal in the case of Dresser Rand India Pvt Ltd Vs Additional CIT [(2012) 13 ITR (Trib) 422 (Mum)], had observed : 33. The TPO, in this case, noted that the services of the Client Solutions Group did not create any specific benefit for the assessee, but rather, that the relationship between Cushman & Wakefield, United States and IBM predated the assessee's involvement. The assessee thus received only an incidental benefit from th…