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)

15. Having held so, it is now necessary to deal with some of the submissions made by the learned Departmental Representative. The learned Departmental Representative has submitted that the Transfer Pricing Officer determined the arm's length price of the royalty payment by applying CUP method. Firstly, neither the order passed under section 92CA

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)

15. Having held so, it is now necessary to deal with some of the submissions made by the learned Departmental Representative. The learned Departmental Representative has submitted that the Transfer Pricing Officer determined the arm's length price of the royalty payment by applying CUP method. Firstly, neither the order passed under section 92CA

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

Transfer Pricing Adjustment on account of interest 15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 Disallowance under Section

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

Transfer Pricing Adjustment on account of interest 15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 Disallowance under Section

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:

2. The learned Deputy Commissioner of Income Tax (Transfer Pricing Officer)-2. Ahmedabad (the TPO) has erred in determining attributable profits to Permanent Establishment ("PE") of the assessee while TPO's authorization us. 92CA is restricted to determination of arm's length price of the international transactions referred to him by the AO. The sole authority to determine profits attributable

ASANDAS & SONS PRIVATE LIMITED,MEHSANA vs. THE DY.CIT, CIRCLE- GANDHINAGAR, GANDHINAGAR

In the result the appeal filed by the assessee is allowed for statistical purpose

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

2) of section 92C, the arm's length price in relation to an international transaction or a specified domestic transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely:- comparable uncontrolled price method, by which,- (i) the price charged or paid for property transferred or services provided in a comparable

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are necessary for determination of ALP of international transactions Held, yes During course of assessment proceedings, Assessing Officer noticed that assessee had entered into international transactions with its AE- Since value of such transactions exceeded Rs 15 crores Assessing Officer made a reference to transfer pricing

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 1(1), GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are necessary for determination of ALP of international transactions Held, yes During course of assessment proceedings, Assessing Officer noticed that assessee had entered into international transactions with its AE- Since value of such transactions exceeded Rs 15 crores Assessing Officer made a reference to transfer pricing

DCIT CENTRAL CIRCLE 1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are necessary for determination of ALP of international transactions Held, yes During course of assessment proceedings, Assessing Officer noticed that assessee had entered into international transactions with its AE- Since value of such transactions exceeded Rs 15 crores Assessing Officer made a reference to transfer pricing

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE 1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD, GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are necessary for determination of ALP of international transactions Held, yes During course of assessment proceedings, Assessing Officer noticed that assessee had entered into international transactions with its AE- Since value of such transactions exceeded Rs 15 crores Assessing Officer made a reference to transfer pricing

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are necessary for determination of ALP of international transactions Held, yes During course of assessment proceedings, Assessing Officer noticed that assessee had entered into international transactions with its AE- Since value of such transactions exceeded Rs 15 crores Assessing Officer made a reference to transfer pricing

ALTERA DIGITAL HEALTH (INDIA) LLP (FORMERLY KNOWN AS ALLSCRIPTS (INDIA) LLP),VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

In the result, Ground Number 11 of the assessee’s appeal is allowed for statistical purposes

Bench: Smt. Annapurna Gupta (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

transfer pricing adjustment of Rs. 3,94,09,319/-. The returned income of Rs. 70,15,57,590/- was therefore enhanced by the said amount and assessed at Rs. 74,09,66,910/- under section 143(3) read with section 144C(13) of the Act. 5. The assessee is in appeal before us against the order passed by CIT(Appeals

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

section 144C(3)\nof the Income Tax Act, 1961 (Act), was finalized on 29.05.2013,\ndetermining the assessed loss at Rs. (-)2,00,59,396/-. The assessee is\nengaged in manufacturing and trading in needle roller bearings and engine\ncomponents. During the course of assessment proceedings, two main\ndisallowances were made in the assessment order: a Transfer Pricing\nadjustment amounting

SANDEEP MOHANRAJ SINGHI,AHMEDABAD vs. ACIT, CIRCLE4(2), AHMEDABAD, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2018-19

2. The brief facts of the case are that the assessee had filed its return of income for the A.Y. 2018-19 on 26.10.2018 declaring income of Rs. Nil. The case was selected for complete scrutiny under CASS. The assessment was completed under Section 143(3) of the Act on 06.06.2022 at a total income of Rs.6,15

DCIT CENTRAL CIRCLE 1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR, Judicial Member\nAnd Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are\nnecessary for determination of ALP of international transactions Held,\nyes During course of assessment proceedings, Assessing Officer\nnoticed that assessee had entered into international transactions with\nits AE- Since value of such transactions exceeded Rs 15 crores\nAssessing Officer made a reference to transfer pricing

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD, GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR, Judicial Member\nAnd Shri Narendra Prasad Sinha (Accountant Member)

section 92CA(2) but which according to TPO are\nnecessary for determination of ALP of international transactions Held,\nyes During course of assessment proceedings, Assessing Officer\nnoticed that assessee had entered into international transactions with\nits AE- Since value of such transactions exceeded Rs 15 crores\nAssessing Officer made a reference to transfer pricing

CLAYKING MINERALS LLP,MEHSANA vs. THE ITO, WARD-5, MEHSANA

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

transfer of such immovable property: Provided also that where the stamp duty value of immovable property is disputed by the assessee on grounds mentioned in sub-section (2) of section 50C, the Assessing Officer may refer the valuation of such property to a Valuation Officer, and the provisions of section 50C and sub-section (15) of section 155 shall

SHRI DILIP MANIBHAI PRAJAPATI,DHOLKA vs. THE ITO, WARD-3(2)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed in above terms

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2018-19 Shri Dilip Manibhai Prajapati Vs. The Ito, Ward-3(2)(1) 1, Shitalnath Society Ahmedabad. Opp: Aath Gam Patel Wadi, Saroda Road Kalikund Dhoka 382 225 Pan : Acspp 9801 C

price for which it was purchased being Rs.2,01,00,000/-. He contended that since this matter had already been considered by the DVO in the case of third co- purchaser of the property, finding no material difference in the actual consideration for which the property was purchased, and its fair market value, the authorities below had erred in considering

DR K R SHROFF FOUNDATION,AHMEDABAD vs. THE DY. CIT, CIRCLE-1, EXMP, AHMEDABAD

In the result, appeal of the assessee is partly allowed\n\n29

2 of 24\ndated 31.03.2025, for the Assessment Year (A.Y.) 2018-19 in the\nproceedings under Section 143(3) read with Section 147 of the Income\nTax Act, 1961 (hereinafter referred to as ‘the Act').\n\n2.\nThe brief facts of the case are that the assessee had filed its return\nof income