PANASONIC INDIA PVT LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is treated as 10

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No. 479/Mds/2016 "नधा"रण वष" /Assessment Year : 2007-2008. M/S. Panasonic India Pvt. Ltd, Vs. The Deputy Commissioner Of Spic Building Annexe, 6Th Floor, Income Tax, 88, Mount Road, Company Circle V(1) Guindy, Chennai. Chennai 600 032. [Pan Aadcp 9391B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

disallowed in computing the total income under sub-section (4) of section 92C, then, the amount so added or disallowed

M/S T vs. MOTOR COMPANY LIMITED,CHENNAIVS.ACIT CORPORATE CIRCLE 3 (1), CHENNAI

In the result, the appeal of the Revenue and the assessee are\ndecided as under:-\n\n| ITA Nos\n| Assessment\nYear\nResult\n| IT(TP)A No

92C(2)", "8D(2)(ii)", "8D(2)(iii)" ], "issues": "Whether transfer pricing adjustments were justified, whether management support services are allowable, the eligibility for additional depreciation and Section 32AC deduction, and the applicability of Section 14A disallowance

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 -:

disallowance made in the assessment order in respect of Brand & Trade Marks (Rs.99,19,84,875) and Non- compete fee (Rs.1,13,82,750) is hereby deleted.” 5.6 However, the assessee has filed writ petition against the above assessment order and the Hon’ble High Court has held that the :- 14 -: impugned order is barred by limitation. As the assessment

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

In the result the appeal of the assessee is allowed

disallowance under Section 14A, stating it cannot be made in the absence of exempt income.", "result": "Allowed", "sections": [ "92CA", "14A", "92C

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

disallowance under Section 14A, and the exclusion/inclusion of comparable companies in benchmarking analyses.", "result": "Allowed", "sections": [ "Section 14A", "Section 32(1)(ii)", "Section 43(1)", "Section 43(6)", "Rule 8D", "Section 92CA(3)", "Section 92C

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

disallowance and transfer pricing issues.", "result": "Allowed", "sections": [ "Sec 14A", "Sec 92CA(3)", "Sec 92C(3)", "Sec 43(1)", "Sec 43(6)", "Sec 32(1)(ii)", "Rule

RENAULT INDIA PRIVATE LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. No. 1078/Mds/2017 "नधा"रण वष" /Assessment Year : 2012-2013. M/S. Renault India Private Vs. The Deputy Commissioner Of Limited, Income Tax, No.37 & 38, Asv Ramana Corporate Circle 5(1) Towers, Chennai. 4Th Floor, Venkatnarayana Road, T.N Agar, Chennai 600 017. [Pan Aadcr 2042M ] (अपीलाथ"/Appellant) (""यथ"/Respondent)

92C(2) provides a "gateway" by stipulating that if the variation between the arm's length price and the transaction price does not exceed the specified percentage, no transfer pricing adjustment can at all be made. Both section 92CA, which provides for making a reference to the Transfer Pricing Officer for computation of the arm's length price

LITE-ON MOBILE INDIA PRIVATE LIMITED,KANCHEEPURAM vs. DCIT, CHENNAI

In the result, appeal filed by the assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.3194 & 478/Chny/2017 ("नधा"रणवष" / Assessment Years: (2013-14 & 2012-13) M/S. Lite-On Mobile India Pvt.Ltd. Vs The Deputy Commissioner Of Nokia Telecom Special Economic Zone, Income Tax, Plot No.1A, Sipcot Industrial Park, Corporate Circle-4(1) Phase-Iii Chennai-Bangalore Highway, Chennai-600 034. Sriperumbudur, Kancheepuram Dist. Pin- 602 105. Pan: Aadcp 9246K (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 92C of the Act read with Rule 10B of the Rules; • without considering several judicial precedents which have held that the Ld. TPO cannot determine the ALP of a said transaction to be at NIL. Without prejudice to the above grounds, the Ld. DRP, the Ld. TPO and the Ld. AO erred in making a downward adjustment amounting

LITE-ON MOBILE INDIA PRIVATE LIMITED,KANCHEEPURAM vs. DCIT CORPORATE CIRCLE 4(1), CHENNAI

In the result, appeal filed by the assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.3194 & 478/Chny/2017 ("नधा"रणवष" / Assessment Years: (2013-14 & 2012-13) M/S. Lite-On Mobile India Pvt.Ltd. Vs The Deputy Commissioner Of Nokia Telecom Special Economic Zone, Income Tax, Plot No.1A, Sipcot Industrial Park, Corporate Circle-4(1) Phase-Iii Chennai-Bangalore Highway, Chennai-600 034. Sriperumbudur, Kancheepuram Dist. Pin- 602 105. Pan: Aadcp 9246K (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 92C of the Act read with Rule 10B of the Rules; • without considering several judicial precedents which have held that the Ld. TPO cannot determine the ALP of a said transaction to be at NIL. Without prejudice to the above grounds, the Ld. DRP, the Ld. TPO and the Ld. AO erred in making a downward adjustment amounting

DURR INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, all the grounds of the appeal are treated as allowed for statistical purposes

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

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 :- (a) comparable uncontrolled price method, by which,- (i) the price charged or paid for property transferred or services provided in a comparable uncontrolled

RECKITT BENCKISER SCHOLL INDIA PRIVATE LIMITED,KANCHEEPURAM vs. DCIT, 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.756/Mds/2016 िनधा"रण वष" / Assessment Year : 2011-12 M/S. Reckitt Benckiser Scholl The Deputy Commissioner Of India Private Limited V. Income Tax, (Formerly Known As M/S. Corporate Circle – V (1), Reckitt Benekiser Scholl India Chennai Limited). Plot F 73/74, Sipcot Industrial Park, Irungattukottai, Sriperumbudur, Kancheepuram – 602 117

disallowed by the Appellant. 5. Set off of brought forward business loss before allowing deduction under Section 10B of the Act. 5.1 The DRP/AO erred in setting off the brought forward business loss of earlier years from profits of the undertaking before allowing deduction under Section 10B of the Act. 5.2 The DRP/AO failed to appreciate that the term ‘total

TITAN COMPANY LIMITED,HOSUR vs. ACIT, CHENNAI

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

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita No.393/Chny/2018 & आयकर अपील सं./ It(Tp)A No.89/Chny/2018 िनधा>रण वष> /Assessment Years: 2013-14 & 2014-15 Titan Company Ltd., The Dy. Commissioner Of Income No.3, Spicot Industrial Complex, Vs. Tax, Hosur, Krishnagiri – 635 126. Ltu-2, [Pan: Aaact 5131A] Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent)

disallowance of provision made for customer loyalty programme. I. Transfer Pricing 2. The Hon'ble DRP/ learned Assessing Officer ('AO') / Transfer Pricing Officer (TPO) erred in ignoring the transfer pricing analysis undertaken by the Appellant in accordance with provisions of the Income-tax Act, 1961 ('the Act') read with Income-tax Rules, 1962 ('the Rules

HYUNDAI MOTOR INDIA LIMITED,KANCHEEPURAM vs. DCIT, CHENNAI

In the result, while CO of the assessee is dismissed, all the three appeals filed by the assessee are partly allowed in the terms indicated above, all the three appeals filed by the revenue are dis...

92C, 92D and 92E, "international transaction'' means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

DCIT, CHENNAI vs. HYUNDAI MOTOR INDIA LTD., KANCHEEPURAM

In the result, while CO of the assessee is dismissed, all the three appeals filed by the assessee are partly allowed in the terms indicated above, all the three appeals filed by the revenue are dis...

92C, 92D and 92E, "international transaction'' means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

DCIT, CHENNAI vs. HYUNDAI MOTORS INDIA LTD., KANCHEEPURAM

In the result, while CO of the assessee is dismissed, all the three appeals filed by the assessee are partly allowed in the terms indicated above, all the three appeals filed by the revenue are dis...

92C, 92D and 92E, "international transaction'' means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

DCIT, CHENNAI vs. HYUNDAI MOTOR INDIA LIMITED, KANCHEEPURAM

In the result, while CO of the assessee is dismissed, all the three appeals filed by the assessee are partly allowed in the terms indicated above, all the three appeals filed by the revenue are dis...

92C, 92D and 92E, "international transaction'' means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

HYUNDAI MOTOR INDIA LIMITED,KANCHEEPURAM vs. DCIT, CHENNAI

In the result, while CO of the assessee is dismissed, all the three appeals filed by the assessee are partly allowed in the terms indicated above, all the three appeals filed by the revenue are dis...

92C, 92D and 92E, "international transaction'' means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

ROCA BATHROOM PRODUCTS PRIVATE LIMITED,CHENNAI vs. DCIT LTU-1, CHENNAI

The appeal stand partly allowed to the extent indicated in the order

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am

92C of the Act read with rule 10AB of Income Tax Rules, 1962 ('the Rules'), which explicitly requires that determination of arm's length price shall take into account the price which has been charged or paid, or would have been charged or paid, in similar uncontrolled transaction and under similar circumstances. The Ld. TPO has not determined or performed