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)

Transfer Pricing Officer proceed to benchmark the portion of such AMP spend that the Indian entity should be compensated for ? 75. As an analogy, and for no other purpose, in the context of a domestic transaction involving two or more related parties, reference may be made to section 40A(2)(a) under which certain types of expenditure incurred

PHILIPS FOODS INDIA PRIVATE LIMITED,TUTICORIN vs. PCIT-1, MADURAI

In the result, the appeal of the assesse is allowed

Transfer Pricing Officer\n('TPO') under Section 92CA of the Act. Accordingly several notices\nunder section 92CA(2) and 92D(3) read with section 129 were issued to\nthe Appellant with a questionnaire enclosed alongside seeking details\nwith respect to the international transactions of the Appellant. The\nAppellant made the relevant submissions in response to each of the\nnotices. After

M/S STERLITE INDUSTRIES (INDIA) LTD.,TUTICORIN vs. DCIT, CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

ACIT, CHENNAI vs. M/S. STERLITE INDUSTRIES (INDIA) LTD., TUTICORIN

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

ACIT, CHENNAI vs. M/S STERLITE INDUSTRIES (INDIA) LTD., CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

M/S. STERLITE INDUSTRIES (INDIA) LTD.,MADURAI vs. ADDITIONAL CIT, CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

ACIT, CHENNAI vs. M/S. STERLITE INDUSTRIES (INDIA) LTD., TUTICORIN

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

ACIT, CHENNAI vs. M/S STERLITE INDUSTRIES (INDIA) LTD., TUTICORIN

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.318 & 319/Mds/2008 "नधा"रण वष" / Assessment Year : 2004-05 आयकर अपील सं./Ita No. 1020/Mds/2010 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No. 1665/Mds/2010 "नधा"रण वष" / Assessment Year : 2006-07

Transfer Pricing Officer originally suggested to make adjustment to the extent of `13,64,01,948/-. However, on the representation made by the assessee, an adjustment was made to the extent of `2,13,80,690/-. According to Ld. Sr. Standing Counsel, the advance was made to Monte Cello BV. Since the loan was advanced to foreign company, according

DCIT, CHENNAI vs. PARRYWARE ROCA PVT. LTD., CHENNAI

In the result, I.T.A. Nos

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.586/Mds/2014 & आयकर अपील सं./Ita No.610/Mds/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

Transfer Pricing Officer or Dispute Resolution Panel, this Tribunal is of the considered opinion that the matter needs to be re-examined. Accordingly, the orders of the Assessing Officer are set aside and the Assessing Officer shall refer the matter again to the Dispute Resolution Panel. The Dispute Resolution Panel shall examine the agreement between the parties and other transactions

ROCA BATHROOM PRODUCTS PRIVATE LIMITED,CHENNAI vs. JCIT, CHENNAI

In the result, I.T.A. Nos

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.586/Mds/2014 & आयकर अपील सं./Ita No.610/Mds/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

Transfer Pricing Officer or Dispute Resolution Panel, this Tribunal is of the considered opinion that the matter needs to be re-examined. Accordingly, the orders of the Assessing Officer are set aside and the Assessing Officer shall refer the matter again to the Dispute Resolution Panel. The Dispute Resolution Panel shall examine the agreement between the parties and other transactions

COOK INDIA MEDICAL DEVICES PRIVATE LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 1(2), CHENNAI

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

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.3137/Chny/2017 "नधा"रण वष" /Assessment Year: 2013-14

pricing. Ground No.7 was in respect of the disallowance of the expenditure incurred by the assessee as quantified by the TPO in respect of the sales support expenditure and Ground No.8 was in respect of the disallowance of the conference expenses. :- 5 -: 5. In regard to Ground Nos.4 to 6 in respect of transfer

M/S. AB MAURI INDIA PVT LIMITED,CHENNAI vs. ACIT, CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.1970/Mds/2011 "नधा"रण वष" / Assessment Year : 2007-08 M/S Ab Mauri India Pvt. Ltd., The Assistant Commissioner Of 2/15, Ganapathy Colony, V. Income Tax, Teynampet, Chennai - 600 018. Company Circle I(1), Chennai - 600 034. Pan : Aaeca 9923 H (अपीलाथ"/Appellant) (""यथ"/Respondent)

Transfer Pricing Officer or Dispute Resolution Panel to disallow the claim of the assessee or to make 4 I.T.A. No.1970/Mds/11

DCIT, CHENNAI vs. THE OFFICIAL LIQUIDATOR M/S. MASCON GLOBAL LTD. (IN LIQUIDATION), CHENNAI

Accordingly, the ground raised by the Revenue is dismissed

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

Transfer Pricing is required to be ascertained and as the Arm’s Length Price is to be determined for this assessment year also in consultation with TPO-II, Chennai, the assessment is reopened u/s. 147 of the I.T. Act, 1961.” 2.4 However, reassessment under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances

DCIT, CHENNAI vs. THE OFFICIAL LIQUIDATOR M/S. MASCON GLOBAL LTD. (IN LIQUIDATION), CHENNAI

Accordingly, the ground raised by the Revenue is dismissed

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

Transfer Pricing is required to be ascertained and as the Arm’s Length Price is to be determined for this assessment year also in consultation with TPO-II, Chennai, the assessment is reopened u/s. 147 of the I.T. Act, 1961.” 2.4 However, reassessment under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances

DCIT, CHENNAI vs. THE OFFICIAL LIQUIDATOR M/S. MASCON GLOBAL LTD. (IN LIQUIDATION), CHENNAI

Accordingly, the ground raised by the Revenue is dismissed

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

Transfer Pricing is required to be ascertained and as the Arm’s Length Price is to be determined for this assessment year also in consultation with TPO-II, Chennai, the assessment is reopened u/s. 147 of the I.T. Act, 1961.” 2.4 However, reassessment under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances

ACIT, CHENNAI vs. M/S. MASCON GLOBAL LTD., CHENNAI

Accordingly, the ground raised by the Revenue is dismissed

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

Transfer Pricing is required to be ascertained and as the Arm’s Length Price is to be determined for this assessment year also in consultation with TPO-II, Chennai, the assessment is reopened u/s. 147 of the I.T. Act, 1961.” 2.4 However, reassessment under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances

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

disallowed part of the expenses as done in the normal assessment, which is not permitted under transfer pricing regulation as per which

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

disallowed part of the expenses as done in the normal assessment, which is not permitted under transfer pricing regulation as per which