SCHAEFFLER INDIA LTD. (FORMERLY KNOWN AS INA BEARING INDIA PVT. LTD.),VADODARA vs. THE ACIT, CICLE-1(1)(2) NOW DCIT, CIRCLE-1(1)(1), VADODARA

In the result, appeal of the assessee is allowed

disallowed these adjustments in the relevant\n assessment year without justifying the inconsistency with past practice.\nThe assessee argued that under Explanation 7 to section 271(1)(c), penalty\nfor transfer pricing adjustments can be levied only if it is proven that the\nprice charged was not determined in accordance with section 92C of the\nAct and not done

BOSCH REXROTH (INDIA) PVT. LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(3), AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

disallowance of provision for doubtful debits be deleted The Appellant craves leave to add alter amend or withdraw all or any of the Grounds of Appeal” Ground No. 1: DRP erred in making upward adjustment of Rs. 2,22,61,539/- in relation to international transaction of payment of infrastructure consultancy and support charges to AE: 14. The issue relating

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

disallowance of provision for doubtful debits be deleted The Appellant craves leave to add alter amend or withdraw all or any of the Grounds of Appeal” Ground No. 1: DRP erred in making upward adjustment of Rs. 2,22,61,539/- in relation to international transaction of payment of infrastructure consultancy and support charges to AE: 14. The issue relating

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. THE ACIT (INT. TAXA-1), AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

disallowed the claim of weighted deduction under Section 35(1)(ii) of the Act. The case laws referred by the Ld. AR does not apply I.T.A Nos. 80, 81 & 244/Ahd/2022 Joshi Technologies International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 in the facts of the present assessee’s case for A.Y. 2017-18 and 2018- 19. Hence

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. THE ACIT (INT. TAXA-1), AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

disallowed the claim of weighted deduction under Section 35(1)(ii) of the Act. The case laws referred by the Ld. AR does not apply I.T.A Nos. 80, 81 & 244/Ahd/2022 Joshi Technologies International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 in the facts of the present assessee’s case for A.Y. 2017-18 and 2018- 19. Hence

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE(INT.TAXN.)-1, AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

disallowed the claim of weighted deduction under Section 35(1)(ii) of the Act. The case laws referred by the Ld. AR does not apply I.T.A Nos. 80, 81 & 244/Ahd/2022 Joshi Technologies International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 in the facts of the present assessee’s case for A.Y. 2017-18 and 2018- 19. Hence

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1) (1),, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1) (1),, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

2. The Ld.CIT(A) has erred in law and on facts in restricting the disallowance of expenses incurred by the assessee on behalf of its subsidiary firm 'Intas Pharmaceuticals from Rs 39,62,30,463/- to Rs 12,12,20,435 /- without properly appreciating the facts of the case and the material brought on record. 3. The Ld.CIT

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

section 92C(2) of the Act (prior to the amendment by Finance (No. 2) Act, 2009), the ld. AO / ΤΡΟ should apply 5% variation to the arm's length price of the international transaction between the Appellant and its AEs. ITA No.1764/Ahd/2013 (Bundy India Limited vs. DCIT) A.Y.– 2007-08- 6 – 8. The learned CIT(A) erred by upholding

SHELL ENERGY INDIA PRIVATE LIMITED,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed for statistical purposes and that of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2012-13 Shell Energy India Pvt. Ltd. The Dcit, Cir.2(1)(1) Office No.2008, Westgage Vs Ahmedabad. Block-D, Makarba, Sg Highway Ahmedabad 380051. Pan : Aaach 9143 C Assessment Year : 2012-13 The Dcit, Cir.2(1)(1) Shell Energy India Pvt. Ltd. Ahmedabad. Vs (Formerly Known As M/S.Hqzira Lng P.Ltd.) Ahmedabad. Pan : Aaach 9143 C (Applicant) (Responent) Assessee By : Shri S.N. Soparkar, Sr.Advocate, Shri Vishal Kalra & Ss Tomar, Ars. Revenue By : Shri (Dr.) Darsi Suman Ratnam, Cit-Dr Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 04/09/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/10/2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Guptathese Are Cross-Appeals By The Assessee & The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Ahmedabad Dated 23.09.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2012-13. Ita No.435 & 558/Ahd/2022

section 92C(2) of the Act. 6. Having stated so, the ld.counsel for the assessee began by making pleadings on ground no.5(iv) raised before us. Arguments were made at length and reference was made to the several voluminous documents placed in paper-book before us, running to four volumes, filed on behalf of the assessee. 7. The primary contention

THE ACIT, CIRCLE-4(1)(1), AHMEDABAD vs. M/S. SHELL ENERGY INDIA PVT. LTD. (FORMERLY KNOWN AS M/S. HAZIRA LNG. PVT. LTD.), AHMEDABAD

In the result, the appeal of the assessee is allowed for statistical purposes and that of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2012-13 Shell Energy India Pvt. Ltd. The Dcit, Cir.2(1)(1) Office No.2008, Westgage Vs Ahmedabad. Block-D, Makarba, Sg Highway Ahmedabad 380051. Pan : Aaach 9143 C Assessment Year : 2012-13 The Dcit, Cir.2(1)(1) Shell Energy India Pvt. Ltd. Ahmedabad. Vs (Formerly Known As M/S.Hqzira Lng P.Ltd.) Ahmedabad. Pan : Aaach 9143 C (Applicant) (Responent) Assessee By : Shri S.N. Soparkar, Sr.Advocate, Shri Vishal Kalra & Ss Tomar, Ars. Revenue By : Shri (Dr.) Darsi Suman Ratnam, Cit-Dr Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 04/09/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/10/2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Guptathese Are Cross-Appeals By The Assessee & The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Ahmedabad Dated 23.09.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2012-13. Ita No.435 & 558/Ahd/2022

section 92C(2) of the Act. 6. Having stated so, the ld.counsel for the assessee began by making pleadings on ground no.5(iv) raised before us. Arguments were made at length and reference was made to the several voluminous documents placed in paper-book before us, running to four volumes, filed on behalf of the assessee. 7. The primary contention

SKAPS INDUSTRIES INDIA PVT. LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8,, AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

disallowance of employees' contribution to provident fund of Rs.14,448/- u/s.43B of the Act. Assessment Year: 2010-11 Page 2 of 7 3. Ld. CIT (A) erred in law and on facts in confirming addition of Rs.2,42,26,184/- made by Ld. TPO u/s.92CA(3) of the Act by affirming TPO's action of rejecting most appropriate method

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2 1 1 , VADODARA, VADODARA vs. NETAFIM IRRIGATION INDIA PRIVATE LIMITED, VADODARA

In the result appeal filed by the Revenue in ITA No

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

section 92C(2) of the Act which allows for variation of 5%. 4.18. In view of the above and guided by the ratio laid down in binding and persuasive judicial precedents, find merit in the appellant's contention and accordingly, the adjustment of Rs. 11,00,82,626/- made to the appellant's income on account of royalty payment

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2 1 1 , VADODARA, VADODARA vs. NETAFIM IRRIGATION INDIA PRIVATE LIMITED, VADODARA

In the result appeal filed by the Revenue in ITA No

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

section 92C(2) of the Act which allows for variation of 5%. 4.18. In view of the above and guided by the ratio laid down in binding and persuasive judicial precedents, find merit in the appellant's contention and accordingly, the adjustment of Rs. 11,00,82,626/- made to the appellant's income on account of royalty payment

BUNDY INDIA LIMITED,,VADODARA vs. THE DY. CIT., CIRCLE-1(1),, BARODA

In the result, Ground Number 6 of the assessee’s appeal is allowed for statistical purposes

Bench: Annapurna Gupta & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.1403/Ahd/2016 िनधा"रण वष" /Assessment Year : 2009-10 Bundy India Limited The Dy.Cit बनाम/ Plot No.2, Circle-1(1) V/S. Gidc Industrial Estate, Baroda Makarpura Vadodaria - 390 010 "थायी लेखा सं./Pan: Aaacb 3039 M (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri S.N. Soparkar, Sr. Advocate Revenue By : Shree Veerbadram Vislavath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 31/07/2025 घोषणा की तारीख /Date Of Pronouncement: 30/10/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm:

2), (3) and (4) of the Rules. Bundy India Ltd. vs. DCIT Asst. Year : 2009-10 4.9. The Id. AO/CIT(A) erred in using data obtained under section 133(6) of the Act which is not available in public domain and thus it is unfair and unjust to the interests of the appellant. 5. Disallowance of management charges (Adjustment