Machinery Pvt. Ltd. v. ITO (53 SOT 100)

Siemens Gamesa Renewable Power Private Limited, Chennai vs. DCIT, Corporate Circle 2(1), Chennai

The appeal stand partly allowed in terms of our above order

ITA 71/CHNY/2018[2013-14]Status: DisposedITAT Chennai08 Sept 2023AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./Ita No.71/Chny/2018 (िनधा<रणवष< / Assessment Year: 2013-14) & आयकरअपीलसं./It(Tp)A No.88/Chny/2018 (िनधा<रणवष< / Assessment Year: 2014-15) M/S. Siemens Gamesa Renewable Power Dcit Private Limited Corporate Circle-2(1) (Formerly Known As Gamesa Renewable Chennai. बनाम/ Pvt.Ltd. Before That Known As Gamesa Wind Vs. Turbine Pvt.Ltd.) 334, Futura Tech Park, 8Th Floor, Block B Sholinganallur, Chennai-600 119. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aaccg-6027-C (अपीलाथ"/Appellant) : ( !थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri B. Ramakrishnan (Fca) & Shri Shrenik Chordia (Ca) – Ld.Ar !थ" की ओर से/Respondent By : Shri Sasi Kumar (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 12-07-2023 घोषणाकीतारीख/Date Of Pronouncement : 08-09-2023 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Years (Ay) 2013- 14 & 2014-15 Have Identical Facts & Issues. The Appeal For Ay 2013- 14 Arises Out Of Final Assessment Order Dated 30-10-2017 Passed By Ld.

For Appellant: Shri B. Ramakrishnan (FCA) &For Respondent: Shri Sasi Kumar (CIT) – Ld. DR

Section 115JSection 139(1)Section 143(3)Section 144C(5)Section 14ASection 36(1)(va)Section 92C

…applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in 'Sona Okegawa Precision Forgings Ltd.' case (supra) and in 'KHS Machinery Pvt. Ltd. v. ITO' 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm's length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 200…

M/S.Us Technology Resources P. Ltd, Trivandrum vs. The DCIT, Trivandrum

In the result, the appeal for assessment year 2011-2012

ITA 475/COCH/2016[2012-13]Status: DisposedITAT Cochin11 May 2018AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR

Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

…not be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in 'Sona Okegawa Precision Forgings Ltd.' (supra) and in 'KHS Machinery Pvt. Ltd. v. ITO 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm's length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 20…

M/S.Us Technology Resources P. Ltd, Trivandrum vs. The ACIT, Trivandrum

In the result, the appeal for assessment year 2011-2012

ITA 134/COCH/2016[2011-12]Status: DisposedITAT Cochin11 May 2018AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR

Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

…not be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in 'Sona Okegawa Precision Forgings Ltd.' (supra) and in 'KHS Machinery Pvt. Ltd. v. ITO 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm's length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 20…

M/S. Lumax Industries Ltd., New Delhi vs. JCIT, New Delhi

In the result, the appeal filed by the assessee is partly allowed for

ITA 6961/DEL/2014[2010-11]Status: DisposedITAT Delhi05 Dec 2017AY 2010-11

Bench: Shri R. K. Panda & Shri Kuldip Singhassessment Year : 2010-11 Lumax Industries Ltd., Jcit, Range- 4, B-85/86, Mayapuri Industrial New Delhi. Vs. Area, Phase-1, New Delhi. Pan : Aaacl1126D (Appellant) (Respondent)

For Appellant: Shri Pradeep Dinodia, AdvFor Respondent: Shri H. K. Choudhary, CIT-DR

Section 143(3)

…be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in ‘Sona Okegawa Precision Forgings Ltd.’ (supra) and in ‘KHS Machinery Pvt. Ltd. vs. ITO’, 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm’s length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 200…

Gamesa Renewable Private Limited, Chennai vs. ACIT, Chennai

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 376/CHNY/2017[2012-13]Status: DisposedITAT Chennai13 Nov 2017AY 2012-13

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri B.Ramakrishnan, FCA &For Respondent: Smt. Vijayalakshmi, CIT,D.R

Section 143(3)Section 144C(1)Section 144C(5)

…be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in ‘Sona Okegawa Precision Forgings Ltd.’ (supra) and in ‘KHS Machinery Pvt. Ltd. vs. ITO’, 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm’s length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 200…

Gamesa Renewable Private Limited, Chennai vs. DCIT, Chennai

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 1420/CHNY/2017[2011-12]Status: DisposedITAT Chennai13 Nov 2017AY 2011-12

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri B.Ramakrishnan, FCA &For Respondent: Smt. Vijayalakshmi, CIT,D.R

Section 143(3)Section 144C(1)Section 144C(5)

…be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in ‘Sona Okegawa Precision Forgings Ltd.’ (supra) and in ‘KHS Machinery Pvt. Ltd. vs. ITO’, 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm’s length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having been made by the assessee wholly and exclusively for its business purposes. For Assessment Years 200…

Cook India Medical Devices Private Limited, Chennai vs. DCIT Corporate Circle 1(2), Chennai

In the result, the appeal filed by the assessee is partly allowed for

ITA 3137/CHNY/2017[2013-14]Status: DisposedITAT Chennai01 May 2017AY 2013-14

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.3137/Chny/2017 "नधा"रण वष" /Assessment Year: 2013-14

Section 143(3)Section 144CSection 144C(5)Section 92C

…आयकर अपील"य अ"धकरण, ’डी’ "यायपीठ, चे"नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH: CHENNAI "ी जॉज" माथन, "या"यक सद!य एवं "ी एस जयरामन, लेखा सद!य के सम& BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.3137/Chny/2017 "नधा"रण वष" /Assessment Year: 2013-14 Vs. M/s.Cook India Medical Devices- The Dy. Commissioner of- Pvt. Ltd., Income Tax, 4/249A, Rasim Enclave, Poonamallee Corporate Circle-1(2), High Road, Near Savitha Dental Chennai. College, Goparasanallur, Kattupakkam, Chennai-600 034. [PAN: AACCC 7628 P] (अपीलाथ(/Appellant) ()*यथ(/Respondent) : अ…

Cook India Medical Devices Pvt. Ltd., Chennai vs. JCIT (OSD), Chennai

In the result the appeal of the assessee is allowed for statistical purposes

ITA 2546/CHNY/2016[2012-13]Status: DisposedITAT Chennai30 Mar 2017AY 2012-13

Bench: Shri Chandra Poojari & Shri G. Pavan Kumarआयकर अपील सं./Ita No.: 2546/Mds/2016 िनधा"रण वष" / Assessment Years : 2012-13 M/S. Cook India Medical Devices Private The Joint Commissioner Of Limited, V. Income Tax (Osd), 4/249A, Rasim Enclave, Corporate Circle –1(2), Poonamallee High Road, Chennai. Near Savitha Dental College, Goparasanallur, Kattupakkam, Chennai – 600 056. Pan: Aaccc7628P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Nageswar Rao, Advocate ""यथ" क" ओर से/Respondent By : Shri Milind Madhukar Bhusari, Cit सुनवाई क" तार"ख/Date Of Hearing : 10.01.2017 घोषणा क" तार"ख/Date Of Pronouncement : 30.03.2017

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Shri Milind Madhukar Bhusari, CIT

Section 143(2)Section 143(3)Section 234ASection 271(1)(c)

…be applied to determine the ALP of royalty payment at nil and that the TPO could apply only one of the methods prescribed under the law. A similar view has been taken in ‘Sona Okegawa Precision Forgings Ltd.’ (supra) and in ‘KHS Machinery Pvt. Ltd. vs. ITO’, 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assessee is at arm’s length. The Technical Collaboration Agreement stands approved by the Government of India. The royalty payment has been accepted by the department as having 14 I.T.A. No. 2546/Mds/2016 been made by the assessee wholly and exclusively for its business pur…

M/S. Lumax Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal of the assessee is partly allowed

ITA 6212/DEL/2013[2009-10]Status: DisposedITAT Delhi22 Apr 2016AY 2009-10

Bench: Shri Rajpal Yadav & Shri Prashant Maharishilumax Industries Ltd., Dcit, B-85/86, Mayapuri Industrial Area, Circle-4(1), Vs. Phase-1, New Delhi New Delhi Pan:Aadcr6902J (Appellant) (Respondent)

For Appellant: Sh. Pradeep Dinodia, AdvFor Respondent: Sh. Manu Chaurasia, Sr. DR

Section 143(3)Section 144CSection 144C(5)Section 14ASection 43BSection 92C

…not be applied to determinethe ALP of royalty payment at nil and that the TPO could apply onlyone of the methods prescribed under the law. A similar view has been taken in „Sona Okegawa Precision Forgings Ltd.„ (supra) and in „KHSMachinery Pvt. Ltd. vs. ITO‟, 53 SOT 100 (Ahm) (URO). 35. It is, thus, seen that the royalty payment @ 3% by the assesseeis at arm‟s length. The Technical Collaboration Agreement standsapproved by the Government of India. The royalty payment has beenaccepted by the department as having been made by the assesseewholly and exclusively for its business purposes. For AssessmentYears 2004-05…

Machinery Pvt. Ltd. v. ITO

Judgments citing Machinery Pvt. Ltd. v. ITO