M/S. RANBAXY LABORATORIES LIMITED,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal of the assessee in IT(TP) A No

Bench: Justice P.P. Bhatt & Shri Waseem Ahmed1. आयकर अपील सं./It(Tp)A No. 1782/Del/2014 2. आयकर अपील सं./It(Tp)A No. 781/Del/2015 ("नधा"रण वष"/Assessment Years : 2009-10 & 2010-11) Ranbaxy Laboratories Ltd. The Dcit बनाम/ 12Th Floor, Devika Tower Circle-21(1), New Vs. 6, Nehru Place, New Delhi Delhi/ 110 019 Addl.Cit Range-15 New Delhi "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr0127N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S.N.Soparkar, Shri Vartik Chokshi, Ms.Urvashi Shodhan & Shri P.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr

section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (The Act') in pursuance of the directions issued by the Learned Dispute Resolution Panel ('Ld. DRP') is illegal and bad in law. 1.1 That the Ld. DRP erred on facts and in law in confirming the additions/ disallowances proposed in the draft assessment order passed by the assessing officer

RANBAXY LABORATORIES LTD.,DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee in IT(TP) A No

Bench: Justice P.P. Bhatt & Shri Waseem Ahmed1. आयकर अपील सं./It(Tp)A No. 1782/Del/2014 2. आयकर अपील सं./It(Tp)A No. 781/Del/2015 ("नधा"रण वष"/Assessment Years : 2009-10 & 2010-11) Ranbaxy Laboratories Ltd. The Dcit बनाम/ 12Th Floor, Devika Tower Circle-21(1), New Vs. 6, Nehru Place, New Delhi Delhi/ 110 019 Addl.Cit Range-15 New Delhi "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr0127N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S.N.Soparkar, Shri Vartik Chokshi, Ms.Urvashi Shodhan & Shri P.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr

section 143(3) r.w.s. 144C of the Income Tax Act, 1961 (The Act') in pursuance of the directions issued by the Learned Dispute Resolution Panel ('Ld. DRP') is illegal and bad in law. 1.1 That the Ld. DRP erred on facts and in law in confirming the additions/ disallowances proposed in the draft assessment order passed by the assessing officer

SUN PHARMACEUTICALS INDUSTRIES LTD. ( ERSTWHILE RANBAXY LABORATORIES LIMITED),BARODA vs. THE ACIT,CENT.CIRCLE-1, BARODA

transfer pricing officer and the TPO had passed order u/s. 92CA(3) of the Act on 30th January, 2015. The assessee company was engaged in the business of manufacturing and sale of pharmaceutical products. The assessee company has also carried out R & D activities for developing new drugs and involved in quality control process etc. The company was also engaged

MEGHMANI ORGANICS LTD.,,AHMEDABAD vs. THE DCIT.,CENT.CIRCLE-1(1),, AHMEDABAD

In the result, assessee’s appeal is allowed for statistical purpose

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2009-10 with the following grounds:- “1. Ld. CIT(A) has erred in law and on facts in confirming the upward adjustment of Rs. 27,11,550/- in respect of transaction of sale of pesticides and pigments. Ld. CIT(A) ought

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)

143(3) r.w.s. 92CA of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2012-13 and 2013-14 respectively. Since common issues are involved in both the appeals, for the sake of convenience, the same are disposed of by this common order. I.T.A Nos. 2005 & 2006/Ahd/2025 A.Ys

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)

143(3) r.w.s. 92CA of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2012-13 and 2013-14 respectively. Since common issues are involved in both the appeals, for the sake of convenience, the same are disposed of by this common order. I.T.A Nos. 2005 & 2006/Ahd/2025 A.Ys

LAXMI HYDROCOLLOIDS,AHMEDABAD vs. ITO, WARD-3(2)(8), AHMEDABAD

In the result, the appeal filed by the assessee in ITA No

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 416/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2014-2015 Laxmi Hydrocolloids, I.T.O., Plot No.104, Vs. Ward-3(2)(8), Devraj Industrial Estate, Ahmedabad. Piplej Pirana Road, Ahmedabad-380022. Pan: Aaefl2440D

Transfer Pricing Officer/Assessing officer in making upward adjustment invoking section 92- BA (i) of the Act in the present facts and circumstances of the case particularly when the said section stood omitted with effect from 1^-2017 from the statute itself. Hence, we find the same is without any basis, void ab initio and without jurisdiction, hi our considered opinion

ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. MASTEK LTD.,, AHMEDABAD

Bench: Shri Pramod Kumar & Ms Madhumita Roysl. Ita No(S) Appeal(S) By Asset. Nos Year(S) Appellant Vs. Respondent Appellant Respondent 1. 1188/Ahd/2015 2009-10 M/S Mastek Ltd., D.C.I.T., (Osd)-1,Circle-4, 804/805Ahmedabad House, Opp. C.N. Vidyalaya, Nr. Ambawadi Circle, Ambawadi, Ahmedabad -380 006 Pan:Aaacm9908Q 2. 1852/Ahd/2015 2009-10 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad. Ahmedabad 3. It(Tp) 172/Ahd/2016 2010-11 M/S. Mastek Ltd. J.C.I.T., Ahmedabad Range-4, Ahmedabad 4. It(Tp) 514/Ahd/2016 2010-11 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad Ahmedabad Assessee By : Shri S. N. Soparkar & Parin Shah, A.Rs. Revenue By : Shri Krishna Murari, Cit- D.R.

143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) arising out of the order dtd. 28.03.2013 passed by the D.C.I.T (OSD)-1, Circle-4, Ahmedabad for A.Y. 2009-10 and against the order dated 01.12.2015 ITA Nos. 1188, 1852/Ahd/2015 & IT(TP) Nos. 172 & 514/Ahd/16 A.Y.s 2009-10 & 2010-11 2 passed

THE JT. CIT, RANGE-4, AHMEDABAD vs. M/S. MASTEK LTD.,, AHMEDABAD

Bench: Shri Pramod Kumar & Ms Madhumita Roysl. Ita No(S) Appeal(S) By Asset. Nos Year(S) Appellant Vs. Respondent Appellant Respondent 1. 1188/Ahd/2015 2009-10 M/S Mastek Ltd., D.C.I.T., (Osd)-1,Circle-4, 804/805Ahmedabad House, Opp. C.N. Vidyalaya, Nr. Ambawadi Circle, Ambawadi, Ahmedabad -380 006 Pan:Aaacm9908Q 2. 1852/Ahd/2015 2009-10 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad. Ahmedabad 3. It(Tp) 172/Ahd/2016 2010-11 M/S. Mastek Ltd. J.C.I.T., Ahmedabad Range-4, Ahmedabad 4. It(Tp) 514/Ahd/2016 2010-11 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad Ahmedabad Assessee By : Shri S. N. Soparkar & Parin Shah, A.Rs. Revenue By : Shri Krishna Murari, Cit- D.R.

143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) arising out of the order dtd. 28.03.2013 passed by the D.C.I.T (OSD)-1, Circle-4, Ahmedabad for A.Y. 2009-10 and against the order dated 01.12.2015 ITA Nos. 1188, 1852/Ahd/2015 & IT(TP) Nos. 172 & 514/Ahd/16 A.Y.s 2009-10 & 2010-11 2 passed

MASTEK LIMITED,AHMEDABAD vs. THE JT.CIT, RANG4,, AHMEDABAD

Bench: Shri Pramod Kumar & Ms Madhumita Roysl. Ita No(S) Appeal(S) By Asset. Nos Year(S) Appellant Vs. Respondent Appellant Respondent 1. 1188/Ahd/2015 2009-10 M/S Mastek Ltd., D.C.I.T., (Osd)-1,Circle-4, 804/805Ahmedabad House, Opp. C.N. Vidyalaya, Nr. Ambawadi Circle, Ambawadi, Ahmedabad -380 006 Pan:Aaacm9908Q 2. 1852/Ahd/2015 2009-10 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad. Ahmedabad 3. It(Tp) 172/Ahd/2016 2010-11 M/S. Mastek Ltd. J.C.I.T., Ahmedabad Range-4, Ahmedabad 4. It(Tp) 514/Ahd/2016 2010-11 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad Ahmedabad Assessee By : Shri S. N. Soparkar & Parin Shah, A.Rs. Revenue By : Shri Krishna Murari, Cit- D.R.

143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) arising out of the order dtd. 28.03.2013 passed by the D.C.I.T (OSD)-1, Circle-4, Ahmedabad for A.Y. 2009-10 and against the order dated 01.12.2015 ITA Nos. 1188, 1852/Ahd/2015 & IT(TP) Nos. 172 & 514/Ahd/16 A.Y.s 2009-10 & 2010-11 2 passed

MASTEK LIMITED,,AHMEDABAD vs. THE DY.CIT, (OSD) - 1, CIRCLE-4,, AHMEDABAD

Bench: Shri Pramod Kumar & Ms Madhumita Roysl. Ita No(S) Appeal(S) By Asset. Nos Year(S) Appellant Vs. Respondent Appellant Respondent 1. 1188/Ahd/2015 2009-10 M/S Mastek Ltd., D.C.I.T., (Osd)-1,Circle-4, 804/805Ahmedabad House, Opp. C.N. Vidyalaya, Nr. Ambawadi Circle, Ambawadi, Ahmedabad -380 006 Pan:Aaacm9908Q 2. 1852/Ahd/2015 2009-10 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad. Ahmedabad 3. It(Tp) 172/Ahd/2016 2010-11 M/S. Mastek Ltd. J.C.I.T., Ahmedabad Range-4, Ahmedabad 4. It(Tp) 514/Ahd/2016 2010-11 A.C.I.T., M/S. Mastek Ltd. Circle-2(1)(2), Ahmedabad Ahmedabad Assessee By : Shri S. N. Soparkar & Parin Shah, A.Rs. Revenue By : Shri Krishna Murari, Cit- D.R.

143(3) r.w.s 144C of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) arising out of the order dtd. 28.03.2013 passed by the D.C.I.T (OSD)-1, Circle-4, Ahmedabad for A.Y. 2009-10 and against the order dated 01.12.2015 ITA Nos. 1188, 1852/Ahd/2015 & IT(TP) Nos. 172 & 514/Ahd/16 A.Y.s 2009-10 & 2010-11 2 passed

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

143(3) at a total income of Rs. 9,19,72,230/- after making several additions. Being aggrieved by this order, the assessee filed appeal to Ld. CIT(A). The Ld. CIT(A) allowed part-relief to the assessee. Against the order of Ld. CIT(A), the revenue has filed this appeal and now before us. GROUNDS: 4. The revenue

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

143(3) at a total income of Rs. 9,19,72,230/- after making several additions. Being aggrieved by this order, the assessee filed appeal to Ld. CIT(A). The Ld. CIT(A) allowed part-relief to the assessee. Against the order of Ld. CIT(A), the revenue has filed this appeal and now before us. GROUNDS: 4. The revenue

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

transfer pricing assessment, returned income filed by the appellant would have been accepted and actual income at ALP would not have been brought under taxation. Hence, mere reliance placed by the Appellant on reporting with wrong treatment clearly proves that the Appellant has not acted in good faith and with due diligence. In this regard the AO has rightly relied

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

transfer pricing assessment, returned income filed by the appellant would have been accepted and actual income at ALP would not have been brought under taxation. Hence, mere reliance placed by the Appellant on reporting with wrong treatment clearly proves that the Appellant has not acted in good faith and with due diligence. In this regard the AO has rightly relied

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

transfer pricing assessment, returned income filed by the appellant would have been accepted and actual income at ALP would not have been brought under taxation. Hence, mere reliance placed by the Appellant on reporting with wrong treatment clearly proves that the Appellant has not acted in good faith and with due diligence. In this regard the AO has rightly relied

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

transfer pricing assessment, returned income filed by the appellant would have been accepted and actual income at ALP would not have been brought under taxation. Hence, mere reliance placed by the Appellant on reporting with wrong treatment clearly proves that the Appellant has not acted in good faith and with due diligence. In this regard the AO has rightly relied

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

section 92CA(1) of the Act on account of determination of arm's length price of international transaction entered into by the assessee. 19. On appeal, the learned CIT(A) upheld the findings of the AO while relying upon his own decision for the AY 2003-04. 20. The assessee is now in appeal before us against the aforesaid findings

THE ACIT, CIRCLE-3(2),, AHMEDABAD vs. VISHAL ENGINEERING & GALVANIZERS,, AHMEDABAD

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

price to the limited company but only the machinery used in manufacturing of the business of the firm was transferred to the newly formed limited company and the consideration was received by the partners of the firm in the shape of shares of the company and the shares were allotted to the partners on the same basis as their shares