SHIPNET SOFTWARE SOLUTIONS INDIA PVT. LTD.,CHENNAI vs. DCIT, CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

method the assessee has short- listed 7 comparable companies after applying certain filters in ACE TP v 6.3 database. The average margin of the comparable companies after adjustment was 4.56%, As against this, the assessee has determined its own margin (OP/OC) @ 10.98% after providing adjustment for excess depreciation

EVERSENDAI CONSTRUCTION PRIVATE LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 2(1), CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2084/Chny/2017 िनधा"रण वष" /Assessment Year: 2013-14 M/S.Eversendai Construction- V. The Dy. Commissioner- Pvt. Ltd., Of Income Tax, Plot No.1 & 2, The Lords, Corporate Circle-2(1), Block-1, 5Th Floor, Chennai. Thiru-Vi-Ka Industrial Estate, Jawaharlal Nehru Road, Ekkaduthangal, Guindy, Chennai.

Method. (Page 6 of TP documentation) 7. EPC Segment Erection, Testing & Commissioning Segment: The assessee company has identified 6 companies as comparable companies by adopting certain search criteria (Page 34 of the documentation) with filters like. (i) Sufficient financial data not available (ii) Ceased business operations or currently inactive (iii) Sick companies or companies with negative net worth (iv) Lack

NIPPON PAINT INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.779/Mds/2016 "नधा"रण वष" /Assessment Year: 2011-12

TP study, FAR Analysis and adopted the Re- sale Price Method (RPM) as most appropriate method for international transaction and arrived at gross profit margin of comparables at 13.40 % as against the assessee’s gross profit margin of 27.02% and came to conclusion that all the international transactions are at arm’s length and hence no adjustment was made

GAMESA RENEWABLE PRIVATE LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

method for benchmarking management service fee by the TPO and determining the ALP to be Nil. Further, the ld. AR submitted that under the Agreement with AEs, the assessee availed various services in the nature of legal, administrative, human resources, finance, business development etc. The services are specifically rendered by the said entities which act as the global

GAMESA RENEWABLE PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

method for benchmarking management service fee by the TPO and determining the ALP to be Nil. Further, the ld. AR submitted that under the Agreement with AEs, the assessee availed various services in the nature of legal, administrative, human resources, finance, business development etc. The services are specifically rendered by the said entities which act as the global

AMBATTUR CLOTHING LIMITED,CHENNAI vs. DCIT COMPANY CIRCLE 1(1), CHENNAI

In the result the appeal of the assessee is allowed

TP adjustment on this account.\n6. Ground No. 2.2 to 2.5: Erroneous rejection of Internal CUP method:\n6.1 Alternatively, the Ld. AR contended that internal TNMM ought to be accepted\nas most appropriate method. This contention was also raised before the TPO.\nHowever, the TPO rejected the same on /the premise that the Assessee has not\nprovided the detail

INTIMATE FASHIONS (INDIA) PVT. LTD.,KANCHIPURAM vs. DCIT CORPORATE CIRCLE 2(2), CHENNAI

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

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha.G, Hon’Bleit (Tp) A No.48/Chny/2019 It (Tp) A No.54/Chny/2018 & िनधा"रण वष" /Assessment Years: 2009-10, 2011-12, 2014-15 & 2015-16 M/S.Intimate Fashions (India)- V. The Dcit / Jcit, Pvt. Ltd., Corporate Circle-2(2), 517-519, Chennai. Tirupporur Kottamedu High Road, Nandhivaram Village, Guduvancheri-603 202. Kanchipuram District.

depreciation Grounds claimed under Section 32(i)(iia) of the Act - - - withdrawn @ 10% claimed in Year 2 Disallowance under Section 80JJAA of the - √ √ √ Act 4. The first issue that came up for our consideration from assessee’s appeal for AYs 2009-10, 2011-12 & 2014-15, TP is adjustment towards payment of agency commission. The facts with regard to impugned

INTIMATE FASHIONS (INDIA) PVT. LTD.,KANCHEEPURAM vs. DCIT, CHENNAI

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

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha.G, Hon’Bleit (Tp) A No.48/Chny/2019 It (Tp) A No.54/Chny/2018 & िनधा"रण वष" /Assessment Years: 2009-10, 2011-12, 2014-15 & 2015-16 M/S.Intimate Fashions (India)- V. The Dcit / Jcit, Pvt. Ltd., Corporate Circle-2(2), 517-519, Chennai. Tirupporur Kottamedu High Road, Nandhivaram Village, Guduvancheri-603 202. Kanchipuram District.

depreciation Grounds claimed under Section 32(i)(iia) of the Act - - - withdrawn @ 10% claimed in Year 2 Disallowance under Section 80JJAA of the - √ √ √ Act 4. The first issue that came up for our consideration from assessee’s appeal for AYs 2009-10, 2011-12 & 2014-15, TP is adjustment towards payment of agency commission. The facts with regard to impugned

MOS METRO INDIA PRIVATE LIMITED,CHENNAI vs. ACIT CORPORATE CIRCLE 4(1), CHENNAI

In the result, the appeals filed by the assessee in IT(TP)A No

Bench: Shri Mahavir Singhand Shri Manjunatha.G

method for selection of comparables. Here, we agree with the ld.CIT-DR but we noted that there is no discussion by the TPO except the financials of the tunnel digging machine of the assessee the TPO has not discussed the nature of these two companies i.e., KNR Constructions Ltd., and Patel Infrastructure Pvt. Ltd., whether they are in tunnel boring

ILJIN AUTOMOTIVE PRIVATE LIMITED,KANCHIPURAM vs. DCIT CORPORATE CIRCLE 2(2), CHENNAI

The appeal stand partly allowed in terms of our above order

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1834/Chny/2017 (िनधा)रणवष) / Assessment Year: 2013-14) M/S. Iljin Automotive Private Limited Dcit बनाम/ Plot No.B1 & B2, Sipcot Industrial Park Corporate Circle-2(2), Irungattukottai, Sriperumbudur Chennai. Vs. Kanchipuram-602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aaaci-2641-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sandeep Bagmar (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Shri A. Sasikumar (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 19-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-12-2024 आदेश / O R D E R

TP study. Finally, the adjustments were upheld against which the assessee is in further appeal before us. 2.3 We have gone through the ground-wise chart as placed by Ld. AR on record. The Ld. AR has assailed rejection of usage of multiple years’ data. The same stand rejected at the outset since comparability has to be done on contemporaneous

ACIT, CHENNAI vs. MYUNGHWA AUTOMOTIVE INDIA PRIVATE LIMITED, KANCHEEPURAM

In the result, the appeal of the Revenue and the cross objections of the assessee are allowed for statistical purposes

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singh

Method (MAM): The assessee company had adopted TNMM as MAM for the purpose of ALP determination. The PLI adopted by the assessee is OP/OI. ITA No.1186/Mds/2016 & CO No.179/Mds/2016 :- 4 -: The net margins earned by the assessee company is tested against the net margins of the selected comparables. 3.4 Computation of PLI (OP/OI) of the assessee company: The assessee company

WATANMAL (INDIA) PVT LTD,CHENNAI vs. DCIT, CORPORATE CIRCLE-3(2), CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T(Tp).A. No. 4/Chny/2018 & I.T.A. No. 2407/Chny/2017 िनधा"रण वष"/Assessment Years:2006-07 & 2008-09 Vs. The Deputy Commissioner Of Watanmal (India) Pvt. Ltd., Old No. 12, New No. 14, Ground Floor, Income Tax, Sripuram Second Street, Royapettah, Corporate Circle 3(2), Chennai 600 014. Chennai. [Pan:Aaacw6624B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Dr. S. Palanikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 05.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao,: The Appeal Filed By The Assessee For The Assessment Year 2006- 07 Is Directed Against The Order Passed By The Ld. Dispute Resolution Panel -2, Bengaluru Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S. 144C(5) R.W.S. 254 R.W.S. 144C(5) Of The Income Tax Act, 1961 [“Act” In Short] Dated 27.12.2017. The Appeal Filed By The Assessee For The Assessment Year 2008-09 Is Directed Against The Order Of The Assessing Officer Under Section 143(3) R.W.S. 147 R.W.S. 92Ca(3) R.W.S.

TP).A. No.4/Chny/18 & ITA No. 2407/Chny/17 depreciation on lease hold property to the tune of ₹.1,08,825/-, thereby, the total income of the assessee has been assessed at ₹.47,53,988/-. 3. The assessee has chosen TNMM as the Most Appropriate Method

TAMIL NADU STATE TRANSPORT CORPN,COIMBATORE vs. ACIT, COMPANY CIRCLE-1(2),, COIMBATORE

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

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.2213/Chny/2017 िनधा"रण वष"/Assessment Year:2010-11 M/S. Tamil Nadu State Transport The Assistant Commissioner Of Corporation (Coimbatore Division) Ltd., Vs. Income Tax, 37, Mettupalayam Road, Company Circle 1(2), Coimbatore 641 043. Coimbatore. [Pan:Aaacc9092M] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K. Raghu, C.A. ""थ" की ओर से/Respondent By : Shri Guru Bashyam, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.06.2019 घोषणा की तारीख /Date Of Pronouncement : 19.07.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Coimbatore Dated 27.06.2017 Relevant To The Assessment Year 2010-11. The Assessee Has Raised The Following Grounds: (1) The Learned Cit(A) Ought To Have Held That The Impugned Proceedings U/S 147 Of The I.T. Act, 1961, Are Ab Initio Void, In The Facts & The Circumstances Of The Case & Unsustainable In Law. (2) The Learned Cit(A) Has Failed To Appreciate That There Was Only A Mere Change Of Opinion On The Basis Of Review Of The Existing Material On Record & As Such, The Proceedings U/S 143 (3) Rws 147 Of The I.T. Act, 1961

tp use during the year and depreciation was claimed thereon. Out of the total cost, 50% of the cost was met out by the Union Government under the JNNRUM scheme. However, as per the books of the assessee, the cost of 300 buses was accounted only at ₹.55,57,88,448/-. This resulted in excess allowance of 5 I.T.A. No.2213/Chny/17

HOSPIRA HEALTHCARE INDIA PRIVATE LIMITED,CHENNAI vs. DCIT, CHENNAI

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.469/Chny/2017 िनधा<रण वष< /Assessment Year: 2012-13 M/S. Hospira Healthcare India The Dy. Commissioner Of Pvt. Ltd., Vs. Income Tax, Sri-Nivas, New No.86 (Old No.89), Corporate Circle-2(2), Gn Chetty Road, T Nagar, Chennai. Chennai – 600 017. [Pan: Aaabco 2190F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Shri Sriram Seshadri, C.A Jkथ" की ओर से /Respondent By : Shri A. Sasikumar, Cit सुनवाई की तारीख/Date Of Hearing : 25.04.2024 घोषणा की तारीख /Date Of Pronouncement : 22.07.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By The Assessee Against The Assessment Order Passed By The Dcit, Corporate Circle-2(2), Chennai U/S.143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) For The Assessment Year 2012-13, In Pursuance Of The Directions Issued By The Dispute Resolution Panel, Bengalore (Hereinafter ‘Drp’) Vide Directions Dated 09.11.2016. :- 2 -:

depreciation on non compete fee paid to Mr. K. Raghavendra Rao and claimed as intangible asset. The Ld. Assessing Officer also made addition on TP adjustment on sale to AE by applying TNMM methods

WOOSU AUTOMOTIVE INDIA PRIVATE LIMITED,THIRUVALLUR vs. ACIT, CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri D.S.Sunder Singhआयकर अपील सं./Ita No.870/Mds/2016 "नधा"रण वष" /Assessment Year: 2011-12

TP issue and the second is related to the depreciation. Appearing for assessee the Ld.AR argued that the assesse has selected three comparables after making search process. Out of the comparables selected by the assessee, the TPO has adopted two comparables and rejected one of the comparables and did not give any reason for rejecting the comparables selected

ASSISSTANT COMMISSIONER OF INCOME CORPORATE CIRCLE 1-1, CHENNAI vs. FL SMIDTH PRIVATE LIMITED, KANCHIPURAM

depreciation on goodwill was\nmade in the revised return of income. In view of our decision on the same facts\nfor AY 2014-15 and respectfully following the above precedents relied upon by\nthe assessee on the issue, we are inclined to dismiss the grounds of appeal\ni to ix filed by the Revenue.\nCO No.71/Chny/2024

ASSISSTANT COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1 1, CHENNAI vs. FL SMITH PRIVATE LIMITED, KANCHIPURAM

In the result, the appeals of the revenue in ITA

depreciation on goodwill was\nmade in the revised return of income. In view of our decision on the same facts\nfor AY 2014-15 and respectfully following the above precedents relied upon by\nthe assessee on the issue, we are inclined to dismiss the grounds of appeal\nnos.i to ix filed by the Revenue.\nCO No.71/Chny/2024

ASSISSTANT COMMISIONER OF INCOME TAX CORPORATE CIRCLE 1 1, CHENNAI vs. FL SMITH PRIVATE LIMITED, KANCHIPURAM

In the result, the appeals of the revenue in ITA

depreciation on goodwill was\nmade in the revised return of income. In view of our decision on the same facts\nfor AY 2014-15 and respectfully following the above precedents relied upon by\nthe assessee on the issue, we are inclined to dismiss the grounds of appeal\nnos.i to ix filed by the Revenue.\nCO No.71/Chny/2024