GATEWAY TERMINALS INDIA PVT LTD. GTI HOUSE vs. INCOME TAX APPELLANT TRIBUNAL AND ORS

The Appeal is hereby allowed and the impugned Order dated 28th

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

prices has to be from the eligible business. He submitted that the decision of this Court in Hiranandani Builders (supra) is directly on the issue of deductibility of interest on income tax refund under Section 80IA of the IT Act. In this regard, he further placed reliance on the judgement of the Hon’ble Supreme Court in CIT v/s. Govinda

PR.COMMISSIONER OF INCOME TAX-1,THANE vs. AGFA INDIA PVT.LTD.(NOW MERGED WITH AGFA HEALTHCARE INDIA PVT.LTD)

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN

business of distributing photographic and electronic imaging systems, filed its return of income on 31 October 2007, declaring a total income of Rs.11,42,17,803/-. This return was revised on 07 November 2007, declaring a total income of Rs.12,30,39,783/-. 4. The Respondent’s return was selected for scrutiny assessment, and the original assessment was completed under

SHENDRA ADVISORY SERIES P. LTD. vs. THE DY. COMMISSIONER OF INCOME TAX RANGE-14(3)(2)

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

transfer pricing adjustments in India on transactions related to issuance of shares, and thereby improve the investment climate in the country. The Cabinet came to this view as this is a transaction on the capital account and there is no income to be chargeable to tax. So applying any pricing formula is irrelevant. Gauri Gaekwad 13/16 201&202-ITXA-299-2021.doc xxxxxxxxxxxxxxx

SHENDRA ADVISORY SERVICES P. LTD vs. THE DEPUTY COMMISSIONER OF INCOME - TAX

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

transfer pricing adjustments in India on transactions related to issuance of shares, and thereby improve the investment climate in the country. The Cabinet came to this view as this is a transaction on the capital account and there is no income to be chargeable to tax. So applying any pricing formula is irrelevant. Gauri Gaekwad 13/16 201&202-ITXA-299-2021.doc xxxxxxxxxxxxxxx

PR. COMMISSIONER OF INCOME TAX 13, MUMBAI vs. STERLING OIL RESOURCES LTD.

Bench: HON'BLE SHRI JUSTICE M.S. SONAKHON'BLE SHRI JUSTICE JITENDRA SHANTILAL JAIN

transfer pricing adjustments made to the income of the assessee. The said directions were uploaded on the Income Tax Business

SHELL INDIA MARKETS PRIVATE LIMITED vs. THE UNION OF INDIA, THROUGH MINISTRY OF FINANCE AND ORS

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

Pricing v. Timken Company.4 e. Commissioner of Income Tax (International Taxation)-1 Delhi v. M/s Bio-rad Laboratories (Singapore) Pte. Ltd.5 f. Director of Income Tax (IT)-1 v. A.P. Moller Maersk-AS 6 g. Director of Income Tax, (IT)-1 v. WNS Global Services (UK) Ltd7 13. Mr. Suresh Kumar submitted as follows: (I) The AAR has dealt with

SUN TAN TRADING CO.LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-1(3)(1) AND 3 ORS

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

transfer pricing provisions because, the expenditure incurred by the Assessee by way of advertisement and publicity expenses, substantially benefited the two foreign principals and the Assessee did not receive any compensation on that account from the foreign principals and whether upon the aforesaid consideration, the Hon'ble Income Tax Appellate Tribunal was justified in not upholding the order

SUN TAN TRADING CO LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1 (3) (1) MUMBAI AND 2 OTHERS

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

transfer pricing provisions because, the expenditure incurred by the Assessee by way of advertisement and publicity expenses, substantially benefited the two foreign principals and the Assessee did not receive any compensation on that account from the foreign principals and whether upon the aforesaid consideration, the Hon'ble Income Tax Appellate Tribunal was justified in not upholding the order

SUN TAN TRADING CO. LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1 (3) (1) MUMBAI AND ANR

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

transfer pricing provisions because, the expenditure incurred by the Assessee by way of advertisement and publicity expenses, substantially benefited the two foreign principals and the Assessee did not receive any compensation on that account from the foreign principals and whether upon the aforesaid consideration, the Hon'ble Income Tax Appellate Tribunal was justified in not upholding the order

HEXAWARE TECHNOLOGIES LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 15(1)(2) MUMBAI AND 4 ORS

Bench: HON'BLE SHRI JUSTICE K.R. SHRIRAMHON'BLE JUSTICE DR. NEELA KEDAR GOKHALE

business activity. 16 Ms. Gokhale submitted as under : (a) The original notice dated 8th April 2021 issued under Section 148 of the Act was within limitation because six years under the old provisions for Assessment Year 2015-2016 would expire only on 31st March 2022. We have to note that to the query raised by the Court that how after

TATA COMMUNICATIONS LIMITED vs. STATE OF MAHARASHTRA AND 4 ORS.

Bench: HON'BLE JUSTICE KAMAL KHATA

business into a private limited company with same partners as Directors without there being any financial consideration for the transfer and without there being any third party. There is perhaps nothing wrong in such transfer by itself. In the second transaction, the entire shareholding is transferred for share price and control of mining lease is acquired by the holding company

MUKESH POPATLAL GADA vs. PURVI MUKESH GADA

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN

transfer of interests from Mukesh to Nilesh. She would point to Kishore too being involved in divorce proceedings, thereby indicating that Nilesh appears to be the trusted receptacle of ownership interests of the family, when proportionate interests of Mukesh and Kishore are to be diluted with a view to suppress the depiction of their asset ownership interest to Courts. There

PURVI MUKESH GADA vs. MUKESH POPATLAL GADA

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN

transfer of interests from Mukesh to Nilesh. She would point to Kishore too being involved in divorce proceedings, thereby indicating that Nilesh appears to be the trusted receptacle of ownership interests of the family, when proportionate interests of Mukesh and Kishore are to be diluted with a view to suppress the depiction of their asset ownership interest to Courts. There

PARVATH SHETTY vs. STATE OF MAHARASHTRA THR THE MINISTER CO OPERATION AND ORS

Bench: HON'BLE SHRI JUSTICE SANDEEP V. MARNE

incoming members. Apparently, MHADA has not approved transfer of their membership. The Deputy Registrar issued letter dated 28th February 2018 to the society in respect of the fourteen members thereof and directed preparation of the provisional voters list for conduct of elections. Accordingly, elections were conducted on 26th May 2018 and Petitioners Priya Soparkar Page No. 9 of 38 judgment

YOGESH SHETTY vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT

Bench: HON'BLE SHRI JUSTICE SANDEEP V. MARNE

incoming members. Apparently, MHADA has not approved transfer of their membership. The Deputy Registrar issued letter dated 28th February 2018 to the society in respect of the fourteen members thereof and directed preparation of the provisional voters list for conduct of elections. Accordingly, elections were conducted on 26th May 2018 and Petitioners Priya Soparkar Page No. 9 of 38 judgment

M/S. DEPE GLOBAL SHIPPING AGENCIES PVT. LTD. vs. M/S. MATHER AND PLATT (INDIA) LTD.

Bench: HON'BLE SHRI JUSTICE SANDEEP V. MARNE

business of leasing. The cost of repairs was comparatively much less. The purchasing power of the rupee was relatively higher than the purchasing power of the rupee after 31.3.2000. However, by 1976, with the rise in the cost of living index, the said investments made in 1940’s started giving negative returns. Coupled with the price rise and increase

BHARAT PETROLEUM CORPORATION LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), MUMBAI AND 2 ORS.

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

business of refining of crude oil and marketing of petroleum and petrochemical products and lubricants and is a regular Assessee under the IT Act. Respondent No.1 is the Page 5 of 41 JULY 3, 2025 Uday S. Jagtap 12-1752-2022-WP-C-F-Jud=.docx Assistant Commissioner of Income Tax, who has been vested with the powers under

BHARAT PETROLEUM CORPORATION LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), MUMBAI AND 2 ORS.

Bench: HON'BLE SHRI JUSTICE B.P. COLABAWALLAHON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA

business of refining of crude oil and marketing of petroleum and petrochemical products and lubricants and is a regular Assessee under the IT Act. Respondent No.1 is the Page 5 of 41 JULY 3, 2025 Uday S. Jagtap 12-1752-2022-WP-C-F-Jud=.docx Assistant Commissioner of Income Tax, who has been vested with the powers under