M/S. TBEA SHENYANG TRASFORMER GROPUP COMPANY LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, INT. TAX.,, VADODARA

In the result, the appeal filed by the assessee is dismissed

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleआयकर अपील सं./I.T.A. No. 581/Ahd/2017 (िनधा"रण वष" / Assessment Year : 2012-13) बनाम/ M/S. Tbea Shenyang Deputy Commissioner Of Transformer Group Income Tax Vs. Company Limited International Taxation, National Highway No.-8, Vadodara Villae : Miyagam, Karja, Vadodara, Gujarat - 390007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct4557F (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Arpit Jain, Ar ""यथ" क" ओर से/Respondent By : Shri Mahesh Shah, Cit. Dr 24/04/2025 Date Of Hearing Date Of Pronouncement 22/07/2025 O R D E R Per Smt. Annapurna Gupta, Am:

TP provisions. The case of the Ld.Counsel for the assessee was that the assessee did not qualify under any of the cases listed in section 92A(2) of the Act. 19. The DR, on the other hand, vehemently stated that the Special Bench had definitely addressed the question posed before it leaving no scope for any interference in the answer

ATUL LTD.,,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(2),, AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R.Senthil Kumarasst.Year 2009-10 & Assessment Year : 2006-07 Atul Limited Dcit (Osd), Range-1 3Rd Floor, Ashoka Chambers Dcit, Cir.1(1)(2) Rasala Marg, Ellisbridge Ahmedabad. Ahmedabad 380009. Pan : Aabca 2390 M Asst.Year : 2009-10 & Assessment Year : 2006-07 & It(Tp)A No.1108/Ahd/2017 Asst.Year : 2007-08 Dcit, Cir.1(1)(2) Atul Limited Ahmedabad. 3Rd Floor, Ashoka Chambers Rasala Marg, Ellisbridge Ahmedabad 380009. Pan : Aabca 2390 M

method; that accordingly the AO in compliance of the direction of the Tribunal has given opportunity to the assessee to furnish details and evidences to prove that the investments in shares were made out of interest free funds and also requested the assessee to work out the disallowance under section 14A of the Act. In response thereto, the assessee furnished

ATUL LTD.,,AHMEDABAD vs. THE DY.CIT (OSD), RANGE-1,, AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R.Senthil Kumarasst.Year 2009-10 & Assessment Year : 2006-07 Atul Limited Dcit (Osd), Range-1 3Rd Floor, Ashoka Chambers Dcit, Cir.1(1)(2) Rasala Marg, Ellisbridge Ahmedabad. Ahmedabad 380009. Pan : Aabca 2390 M Asst.Year : 2009-10 & Assessment Year : 2006-07 & It(Tp)A No.1108/Ahd/2017 Asst.Year : 2007-08 Dcit, Cir.1(1)(2) Atul Limited Ahmedabad. 3Rd Floor, Ashoka Chambers Rasala Marg, Ellisbridge Ahmedabad 380009. Pan : Aabca 2390 M

method; that accordingly the AO in compliance of the direction of the Tribunal has given opportunity to the assessee to furnish details and evidences to prove that the investments in shares were made out of interest free funds and also requested the assessee to work out the disallowance under section 14A of the Act. In response thereto, the assessee furnished

ZYDUS LIFESCIENCES LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-2(1), AHMEDABAD

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

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

TP and DRP held that in such circumstances, the AE cannot be said to have incurred expenses on behalf of the assessee-company. The case of theTPO/DRP was that no contract manufacturer in similar uncontrolled transactions, would reimburse expenses of another third-party, since contract manufacturing is a limited risk activity with no rewards and does not require any other

M/S. ATUL LTD.,,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(2),, AHMEDABAD

The appeal of the assessee is partly allowed in the above terms for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarit(Tp)A No.446/Ahd/2015 Assessment Year : 2010-11 M/S.Atul Limited Dcit, Cir.1(1)(2) Atul House Vs Ahmedabad. Gi Patel Marg Ahmedabad 380 014. Pan : Aabca 2390 M

method and there is no dispute in this regard. To arrive at the ALP, on one hand the assessee wanted five type of adjustment in the sale price fetched by the assessee from the transaction with it's AEs, but on the other hand the TPO has allowed three adjustments i.e. (i) adjustment of 5% towards marketing & financial risk

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

TP assessment. In view of same, during assessment proceedings vide submission dated 16 March 2015, the said agreement was submitted before the Assessing Officer (“AO”). The AO was further requested that the Appellant be given an opportunity to represent its case before the Learned TPO for reconsideration in the light of the said agreement and the Appellant would strive

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

TP assessment. In view of same, during assessment proceedings vide submission dated 16 March 2015, the said agreement was submitted before the Assessing Officer (“AO”). The AO was further requested that the Appellant be given an opportunity to represent its case before the Learned TPO for reconsideration in the light of the said agreement and the Appellant would strive

BUNDY INDIA LTD.,,BARODA vs. THE DCIT, CIRCLE-1(1),, BARODA

In the result, the appeal preferred by the assessee is allowed in part

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

TP adjustment, certain other additions were also made in the final order. The assessee had preferred ITA No.1764/Ahd/2013 (Bundy India Limited vs. DCIT) A.Y.– 2007-08- 3 – an appeal before the CIT(A) which was only partly allowed. Aggrieved by the order of the CIT(A), the assessee is in appeal before us. 4. The grounds raised by the assessee

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

TP).No.2365 and 2366/Ahd/2018 "नधा"रण वष"/Asstt. Years: 2013-14 and 2014-15 Torrent Pharmaceuticals Ltd. D.C.I.T, Circle-4(1)(2) Torrent House, Vs. Ahmedabad. Nr. Dinesh Hall, Off.Ashram Road Ahmedabad 380009. PAN: AAACT5456A And Asstt. Year 2015-16 Torrent Pharmaceuticals Ltd. A.C.I.T, Circle-4(1)(2) Torrent House, Vs. Ahmedabad. Nr. Dinesh Hall, Off.Ashram Road Ahmedabad

SHAMA AJAY PATEL,AHMEDABAD vs. THE CIT(IT & TP), AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

methods. It is the obligation of every citizen to pay the taxes honestly without resorting to subterfuges. In view of Hon'ble Apex Court's verdict, and after examining the entire arrangement as appearing in the facts of this case, it is held that this is merely a colourable device for claiming bogus long term capital gain and exemption

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

method to evaluate guarantees and that the difference between two differently rated bonds cannot indicate guarantee rates. The corporate guarantee is very much incidental to the business of the assessee and hence same cannot be compared to a bank guarantee transaction. The assessee has relied on the Canada Tax Court decision for benchmarking. However, it is seen that

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

depreciation on the above (as per Para No.7) 10. Trade Mark Registration fee & Rs. 14,14,36,698 Patent Fee (as per Para No. 8) 11. Research & Development Rs. 109,74,61,000 (as per Para No. 9) 12.Disallowance u/s. 14A of the Act Rs.8,05,91,640/- Rs.234,23,50,734/- (as per Para No. 10) Assessed Business Income

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. GMM P FOULDER PVT. LIMITED,, AHMEDABAD

Appeal is dismissed

TP report the assessee gave names of only two comparables Swiss Glass Coats Equipments Ltd and Nile Ltd for the purpose of computation of ALP in respect of international transactions, secondly, Nile Ltd is functionally different from the assessee’s business since from the annual accounts of the company, it is seen that it is engaged in different kind

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GMM PFAULDER PVT. LIMITED,, AHMEDABAD

Appeal is dismissed

TP report the assessee gave names of only two comparables Swiss Glass Coats Equipments Ltd and Nile Ltd for the purpose of computation of ALP in respect of international transactions, secondly, Nile Ltd is functionally different from the assessee’s business since from the annual accounts of the company, it is seen that it is engaged in different kind

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY. CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

TP report the assessee gave names of only two comparables Swiss Glass Coats Equipments Ltd and Nile Ltd for the purpose of computation of ALP in respect of international transactions, secondly, Nile Ltd is functionally different from the assessee’s business since from the annual accounts of the company, it is seen that it is engaged in different kind

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY. CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

TP report the assessee gave names of only two comparables Swiss Glass Coats Equipments Ltd and Nile Ltd for the purpose of computation of ALP in respect of international transactions, secondly, Nile Ltd is functionally different from the assessee’s business since from the annual accounts of the company, it is seen that it is engaged in different kind

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY.CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

TP report the assessee gave names of only two comparables Swiss Glass Coats Equipments Ltd and Nile Ltd for the purpose of computation of ALP in respect of international transactions, secondly, Nile Ltd is functionally different from the assessee’s business since from the annual accounts of the company, it is seen that it is engaged in different kind

BOCK COMPRESSORS INDIA PRIVATE,BENGALURU vs. THE DY. CIT, CIRCLE - 1(1)(1), VADODARA

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

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarassessment Year 2020-21

method considering that transaction of purchase and sale both from and related parties cannot be an acceptable transaction within the framework of RPM. 4. The Ld. AO, Ld. TPO and Ld. DRP erred in law and on facts, in rejecting the Appellant's contention that no further allocation of expenses (viz. depreciation advertisement travelling, etc.) for undertaking mere trading activity

HAGGLUNDS DRIVES (INDIA) PVT. LTD. ( NOW MERGED IN BOSCH REXROTH (INDIA) LTD.),,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(2),, AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation on office equipment to ten percent. Appellant prays that the aforesaid addition be deleted. On the facts and in the circumstances of the case and in law, the Ld. AO erred in disallowing seminar expenses, exhibition expenses and advertisement expenses amounting to, Rs.32,82,122 under section 40(a)(ia) of the Act without appreciating the fact that