YOKOGAWA INDIA LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the appeal is allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

68,85,910/-. 3. The Learned AO has erred, in levying interest under section 234B of the Act amounting to Rs.1,34,16,328/-. Grounds relating to transfer pricing matters: 4. The Hon'ble DRP has erred in law and in facts, by providing a consolidated direction for 2nd 3rd 4th and 5th grounds of objections filed

M/S VOLVO INDIA PVT. LTD. vs. ACIT, BANGALORE

In the result, appeal of the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

144C gives a complete go bye to section 153; and (ii) The Act does not contemplate any limitation for passing of draft assessment order, which can be passed within a reasonable time. 14. Though arguments were advanced that the aforesaid decision does not lay down the correct law, we are of the view that a co-ordinate Bench decision

M/S. CRYSTAL GRANITE AND MARBLE PRIVATE LIMITED,RAMANAGARAM vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes and Stay Petition is dismissed as infructuous

Bench: Shri George George K & Shri Laxmi Prasad Sahus.P No.29/Bang/2023 Assessment Year: 2017-18

144C of the Income-tax Act or issuance of notice under section 148 as per time-limit specified in section 149 or sanction under section 151 of the Income-tax Act, and the time limit for completion of such action expires on the 30th day of April, 2021 due to its extension by the said notifications, such

PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

68,58,962 after incorporating the TP adjustments as above and making certain disallowances under section 14A and section 37 of the Act. It may be noted that the draft assessment order was passed post the date of condonation of delay in e-verification of the return. 3.9 The Assessee filed its objections with the Dispute Resolution Panel

D.C.I.T., BANGALORE vs. M/S SAP LABS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

144C and got detached from section 153. Along with this, passing of draft order also became mandatory, for which we have held above that the same is required to be passed within a reasonable time and it has got no relation with the time limit given in section 153. When the position is such that the draft order

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

144C and got detached from section 153. Along with this, passing of draft order also became mandatory, for which we have held above that the same is required to be passed within a reasonable time and it has got no relation with the time limit given in section 153. When the position is such that the draft order

WEG INDUSTRIES (INDIA) PRIVATE LIMITED,BENGALURU vs. ASSESSING OFFICER, BMTC BUILDING

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2021-22

144C(13) read with section 144B of the Act, is barred by limitation under section 153 of the Act, and is thus void-ab-initio, illegal and bad in law and liable to be quashed. MANUFACTURING SEGMENT 3. On the facts and circumstances of the case and in law, the Ld. Transfer Pricing Officer

GE MEDICAL SYSTEMS (INDIA) PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T.(T.P.) A. No.328/Bang/2015 (Assessment Year : 2010-11) M/S. Ge Medical Systems (India) Pvt. Ltd., Vs. Dy. Commissioner Of Income Tax, (Since Merged With Wipro Ge Healthcare Circle 7(1)(2), Bangalore. Pvt. Ltd.) Plot Nos.3, 3A & 4, Kadugodi Indl. Area, Bangalore-560 067 Pan Aaacg 7655G Appellant Respondent. I.T.(T.P.) A. No.224/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee By : Shri K.R. Pradeep, C.A. Revenue By : Shri G.R. Reddy, Cit-I (D.R.) Date Of Hearing : 9.9.2015. Date Of Pronouncement : 4.11.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals By Revenue & The Assessee, Preferred Against The Final Order Of Assessment Dt.30.12.2014 Passed Under Section 143(3) Rws 144C(13) Of The Income Tax Act, 1961 (In Short 'The Act') In Pursuance To The Directions Dt.28.11.2014 Issued By The Dispute Resolution Panel (‘Drp’) Under Section 144C(5) Of The Act. 2. The Facts Of The Case, Briefly, Are As Under :-

Section 143(3) rws 144C(13) of the Act vide order dt.30.12.2014 wherein the income of the assessee was determined at Rs.129,48,856 which included T.P. Adjustment of Rs.68,67,29,714. 3. Both Revenue and the assessee are aggrieved by the impugned order of assessment dt.30.12.2014 for Assessment Year 2010-11 and have revised the following grounds

TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED,BIDADI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT OR THE DCIT, CIRCLE - 7(1)(1), KORAMANGALA

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

13,01,761/- for gratuity under section 43B of the Act was made in the . IT(TP)A No.1539/Bang/2024 Page 23 of 37 intimation under section 143(1) of the Act and was not a variation proposed by the AO in the draft assessment order passed under section 144C(1) of the Act. The learned DRP noted

BLACK KNIGHT INDIA SOLUTIONS PRIVATE LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), BANGALORE

In the result, the appeal filed by assessee stands allowed on ground no

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 230/Bang/2021 Assessment Year : 2016-17 M/S. Black Knight India Solutions Pvt. Ltd., The Assistant 6-3-1192-2-1, Htc Commissioner Of Towers, Kundanbagh, Income Tax, Begumpet, Circle – 1(1)(2), Hyderabad, Vs. Bangalore. Telangana – 500 016. Pan: Aaccl2956K Appellant Respondent : Shri S.P. Chidambaram, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 26-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Final Assessment Order Dated 30.03.2021 Passed By The Ld.Ao In National E-Assessment For Assessment Year 2016-17 On Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Final Assessment Order Dated 30 March 2021 (And Received By The Appellant On 30 March 2021) Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income-Tax Officer, National E-Assessment

144C(13) read with sections 143(3A) & 143(3B) of the Act. Rejection of TP Documentation and Cherry picking of comparables 4. That on the facts and circumstances of the case and in law, the TPO/AO/DRP erred in rejecting transfer pricing documentation maintained by the Appellant in accordance with the provisions of the Act read with the Income

PARAMETRIC TECHNOLOGY(INDIA) PVT.LTD.,BANGALORE vs. DCIT CR5(1) (2), BANGALORE

In the result, the assessee's appeal for Assessment Year 2010-11 is partly allowed for statistical purposes

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T. (T.P) A. No.145/Bang/2015 (Assessment Year : 2010-11) Dy. Commissioner Of Income Tax, Vs. M/S. Parametric Technology (India) Circle 5(1)(2), Bangalore. Pvt. Ltd., 4Th Floor, Phoenix Towers, 16, Museum Road, Bangalore-560 025 Pan Aabcp 2629J Appellant Respondent. I.T. (T.P) A. No.226/Bang/2015 (Assessment Year : 2010-11) (By Assessee) Assessee By : S/Shri Ajith Tolani & Darpan Kirpalani, C.As. Revenue By : Dr.P.K. Srihari, Addl. Cit (D.R.) Date Of Hearing : 04.09.2015. Date Of Pronouncement : 28.10.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals, By The Assessee & Revenue, Directed Against The Order Of Assessment For Assessment Year 2010-11 Passed Under Section 143(3) Rws 144C Of The Income Tax Act, 1961 (In Short 'The Act') In Pursuance Of The Directions Of The Dispute Resolution Panel (‘Drp’) Issued Under Section 144C(5) Of The Act Vide Order Dt.28.11.2014. 2. The Facts Of The Case, Briefly, Are As Under :-

13) of the Act dt.28.2.2014 wherein the assessee's income was determined at Rs.3,03,75,718 which included the proposed T.P. Adjustment of Rs.1,89,05,122. 2.4 Aggrieved by the draft assessment order for Assessment Year 2010-11 dt.28.2.2014, the assessee filed its objections thereto before the DRP, which disposed off the matter by issuing its directions under

M/S BIESSE MANUFACTURING COMPANY PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, Revenue’s appeal for Assessment Year 2010-11 is treated as partly allowed for statistical purposes

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T.(T.P.)A. No.97/Bang/2015 (Assessment Year : 2010-11) M/S. Biesse Manufacturing Co. Vs. Asst. Commissioner Of Income Pvt. Ltd., Tax, Sy.No.32, No.469, Jakkasandra Village, Circle 2(1)(1), Sondekappa Road, Nelamangala Taluk, Bengaluru-1. Bengaluru Ruraldistrict-562 123 Pan Aaccb 7928D Appellant Respondent. I.T.(T.P.)A. No.493/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee : Shri K.K. Chythanya, Advocate. Revenue By : Shri Ganapati R Bhat,Cit-Iii (D.R) Date Of Hearing : 10.09.2015. Date Of Pronouncement : 6.11.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals, One By The Assessee & The Other By Revenue, Directed Against The Final Order Of Assessment For Assessment Year 2010-11 Passed Under Section 143(3) Rws 144C(13) Of The Income Tax Act, 1961 (In Short 'The Act') Vide Order Dt.31.12.2014, In Pursuance Of The Directions Issued By The Dispute Resolution Panel (‘Drp’) Under Section 144C(5) Of The Act Dt.21.11.2014. 2. The Facts Of The Case, Briefly, Are As Under :- 2.1 The Assessee Company Is Engaged In The Manufacturing & Trading Of Wood Working Machinery, Spare Parts & Tools & Also Provides Software Testing, Technical Design & Marketing Services To Its Parent Company, Biesse Spa, Italy. The Assessee

144C(13) of the Act dt.31.12.2014 wherein the assessee's income was determined at Rs.1,84,17,896 and which included T.P. Adjustment of Rs.10,67,28,496. 3. Aggrieved by this order of assessment dt.3.12.2014 for Assessment Year 2010-11, both the assessee and Revenue have preferred appeals raising the following grounds :- 3 IT(T.P)A Nos.97 & 493/Bang/2015

MERCEDES - BENZ RESEARCH & DEVELOPMENT INDIA PRIVATE LIMITED,BANGALORE vs. ASST. C.I.T., BANGALORE

In the result, assessee's appeal for Assessment Year 2011-12 is partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

13) of the Income Tax Act, 1961 (in short 'the Act'), pursuant to the directions issued by the Dispute Resolution Panel-2, Bangalore (‘DRP’) under Section 144C(5) of the Act dt.14.12.2015. The Assessment Year involved is 2011-12. 2. Briefly stated, the facts of the case are as under :- 2.1 The assessee is a company engaged

KDDI CORPORATION,JAPAN vs. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION), CIRCLE 2(1), BANGALORE, KARNATAKA, BANGALORE

In the result, all the appeals filed by the assessee stands\npartly allowed and all the stay petitions filed by the assessee\nstands dismissed as infructuous

13,640 received by\nGround-4 the Appellant from various Indian Telecom Operators\n(\"ITOs\") accrues or arise in India and are in the nature of\n'Royalty' under the provisions of the Act and India - Japan\nDouble Taxation Avoidance Agreement (\"DTAA\")\nGrounds on\nMerit\nPressed\nLegal\nGround\nNot\nPressed\nGrounds on\nMerit\nPressed\nOn the facts

M/S. NTT DATA GLOBAL SERVICES PRIVATE LIMITED,BANGALORE vs. THE JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 5, BANGALORE

144C(5) of the Act inter-alia on the\nfollowing grounds which are without prejudice to each other.\nThat on the facts and circumstances of the case and in law:\n1.\nImpugned order of Ld. AO pursuant to directions of Hon'ble DRP,\nerred in assessing the total income at INR 3,093,153,514, as\nagainst returned income

BIOCON BIOLOGICS LIMITED (FORMERLY KNOWN AS BIOCON BIOLOGICS INDIA LIMITED) (SUCCESSOR TO BIOCON RESEARCH LIMITED),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.299/Bang/2022 : Asst.Year 2017-2018 M/S.Biocon Biologics Limited The Deputy Commissioner Of (Formerly Known As Biocon Income-Tax, Circle 1(1)(1) V. Biologics India Limited) Bengaluru. Ground Floor, Tower 3, Semicon Park, Hosur Road, Electronics City S.O. Bangalore South – 560 100. Pan : Aagcb7796M. (Appellant) (Respondent) Appellant By : Sri.Padam Chand Khincha, Ca Respondent By : Sri.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 13.09.2022 Date Of Hearing : 06.09.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 26.02.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2017-2018. 2. The Brief Facts Of The Case Are As Follows: The Assessee, Namely, Biocon Biologics Limited [Successor. To Biocon Research Limited With Appointed Date 01.04.2019] Is Engaged In The Carrying Out Research & Development ("R & D") Of Drugs & Drug Delivery Systems. For The Relevant Assessment Year ("Ay") 2017-18, The Return Of Income Was Filed On 30.11.2017, Declaring `Nil’ Income Under The Normal Provisions Of The I.T.Act & Book Losses As 2 It(Tp)A No.299/Bang/2022. M/S.Biocon Biologics Limited Per The Provisions Of Section 115Jb Of The I.T.Act. After Considering The Taxes Deducted At Source, The Assessee Had Claimed Refund Of Inr 4,68,29,020 In The Return Of Income.

144C(13) of the I.T.Act. The relevant assessment year is 2017-2018. 2. The brief facts of the case are as follows: The assessee, namely, Biocon Biologics Limited [successor. to Biocon Research Limited with appointed date 01.04.2019] is engaged in the carrying out Research and Development ("R & D") of drugs and drug delivery systems. For the relevant Assessment Year

GOLDMAN SACHS SERVICES PRIVATE LIMITED,BANGALORE vs. DCIT, CIRCLE 3(1)(1), BANGALORE

Bench: MS. PADMAVATHY S., ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

Section 144C(5) of the Act. The TPO revised the TP Addition in respect of ECB from INR.75,39,13,371 to INR.62,88,86,271/- vide order dated 22/01/2024. Thereafter, the Assessing Officer passed final Assessment Order, dated 24/10/2024, making Transfer Pricing Addition of INR.62,88,86,271/- in respect of interest on ECB. 6. Being /aggrieved

SAP INDIA PRIVATE LIMITED,BANGALORE vs. JURISDICTIONAL ASSESSING OFFICER - DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6(1)(1), BANGALORE

The appeal of the assessee is allowed to the extent indicated above

Bench: Shri Prashant Maharishi & Shri Soundararajan K, Jm

13. We have carefully considered the rival contention and perused the orders of the learned lower authorities. 14. Regarding correct margin of Compucom Software Limited, we find that the learned transfer pricing officer has passed an order giving effect to the direction under section 144C of the learned dispute resolution panel on 20 May 2024. We find that