THE INDIA CEMENTS LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 2(1) CHENNAI, CHENNAI

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

Method [hereinafter referred to as CUP]. While undertaking the benchmarking exercise, the non-eligible unit was taken as the 'tested party' and the transfer price of power supplied by the eligible units to the manufacturing unit was benchmarked at the annual average of the landed cost at which power was being supplied by the respective State Electricity Boards

ASSISTANT COMMISSIONER OF INCOME TAX, TIRUPUR vs. SRI SHANMUGAVEL MILLS PRIVATE LIMITED, TIRUPUR

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

method under Section 92C of the Act and therefore, also, this judgment is not applicable to the facts of the case." 7. The Ld.DR based on the above decision submitted that the Hyderabad Bench of the Tribunal has taken into account the change in law and held that the ALP is to be determined u/s.92F by the mechanism prescribed u/s.92C

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 3(3), CHENNAI., CHENNAI vs. M/S. CATERPILLAR INDIA PVT. LTD , CHENNAI

Appeal is dismissed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपीलसं./It(Tp)A No.: 42/Chny/2023 िनधा"रण वष" / Assessment Year: 2014-15 M/S.Caterpillar India Private Limited, The Deputy Commissioner Of 7Th Floor, International Tech Park, Income Tax, Taramani Road, Vs. Central Circle- 3(3), Chennai – 600 113. Chennai – 600 034. [Pan:Aabcc-4615-K] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपीलसं./Ita No.: 717/Chny/2023 िनधा"रण वष" / Assessment Year: 2014-15 The Deputy Commissioner Of Income M/S.Caterpillar India Private Tax, Limited, 7Th Floor, International Tech Park, Central Circle- 3(3), V. Chennai – 600 034. Taramani Road, Chennai – 600 113. [Pan:Aabcc-4615-K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Assessee By : Shri Harish Ramanathan, C.A. By Virtual ""थ" की ओर से/Department By : Shri A. Sasikumar, C.I.T. सुनवाई की तारीख/Date Of Hearing : 12.03.2025 घोषणा की तारीख/Date Of Pronouncement : 06.06.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: These Cross Appeals Filed By The Assessee & The Revenue Are Arising Out Of Order Of Commissioner Of Income Tax (Appeals)-18, Chennai U/S. 143(3) R.W.S. 92Ca (3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) For The Assessment Year 2014-15 Dated 07.03.2023. Since, Facts Are Identical & Issues Are Common, For :-2-: It(Tp) A. No:42 /Chny/2023 & The Sake Of Convenience, The Appeal Filed By The Revenue & Assessee Are Being Heard Together & Disposed Off, By This Consolidated Order.

68 comparables taken by the assessee in the TP study and which is accepted by the TPO, the assessee has submitted the capacity utilization of more than 50% of the details.” “14. Considering the decisions Hon'ble Tribunal in the case of Continental Automotive Components India (P.) Ltd. (supra) and Moog Control (India) (P.) Ltd. (supra

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

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.VANNIAPERUMAL & SONS,VIRUDHUNAGAR vs. PCIT-2, CHENNAI, CHENNAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

M/S. V.V.V. & SONS EDIBLE OILS LTD.,,VIRUDHUNAGAR vs. DCIT, CENTRAL-1,, MADURAI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri G. Manjunatha

68 of the Maharashtra Co- operative Societies Act, 1960 for the education fund created for the purpose of the education of the children of the employees is held to be deductible. Since the issue is exactly identical here also, the assessee company has constructed the building for running a school in the vicinity of the factory building for the children

ASSISTANT COMMISSIONER OF INCOME TAX, TIRUPPUR vs. PRABHU SPINNING MILLS PRIVATE LIMITED, TIRUPPUR

In the result all the grounds raised by the revenue for the A

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:433 & 435/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2018-19 & 2017-18 Acit, Circle -1 Prabhu Spining Mills Private 121, Adarns Plaza, Vs. Limited, 60, Feet Road, No. 207 – 86, Mangalam Road, Tiruppur – 641 602. Karuvampalayam, Tiruppur – 641 604. Tamil Nadu. (अपीलाथी/Appellant) [Pan:Aabcp-0750-E] (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. Arv Sreenivasan, Cit प्रत्यथी की ओर से/Respondent By : Shri. T. Banusekar, Advocate. सुनवाई की तारीख/Date Of Hearing : 16.07.2025 घोर्णा की तारीख/Date Of Pronouncement : 13.08.2025

68,67,372/- for the whole of the year. 6. It may be noted that the assessee claimed a deduction u/s.80-IA of the Act to the tune of Rs.18,41,58,470/- and the AO vide assessment order passed u/s.143(3)r.w.s.144C(3)r.w.s.144B dated 11.06.2021 in accordance with the value determined by TPO determined the ALP of the inter

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1,TIRUPPUR, TIRUPPUR vs. PRABHU SPINNING MILLS PRIVATE LIMITED, TIRUPPUR

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.:433 & 435/Chny/2025 निर्धारण वर्ष / Assessment Year: 2018-19 & 2017-18 Acit, Circle -1 121, Adarns Plaza, 60, Feet Road, Tiruppur - 641 602. (अपीलार्थी/Appellant) Vs. Prabhu Spining Mills Private Limited, No. 207 – 86, Mangalam Road, Karuvampalayam, Tiruppur – 641 604. Tamil Nadu. [Pan:Aabcp-0750-E] (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. Arv Sreenivasan, Cit प्रत्यर्थी की ओर से/Respondent By : Shri. T. Banusekar, Advocate. सुनवाई की तारीख/Date Of Hearing : 16.07.2025 घोषणा की तारीख/Date Of Pronouncement : 13.08.2025 Per S. R. Raghunatha, Am : आदेश /Order These Two Appeals Filed By The Revenue Are Directed Against Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Chennai-16 (In Short “Id.Cit(A)”) Dated 04.10.2024 For Assessment Years 2017-18 & 2018-19 Respectively. Since Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals By The Revenue Are Being Heard Together & Disposed Of By This Consolidated Order. 2. The Appeal Of The Revenue For The Assessment Year 2017-18 Is Taken As The Lead Appeal For Adjudication Of The Issues Involved. The Only Issue Which Has Been Raised In Appeal By The Revenue Is With Regard To Determination Of Quantum Of Deduction U/S.80-Ia Of The Income Tax Act, 1961 (In Short "The Act"). :-2-:

68,67,372/- for the whole of the year. 6. It may be noted that the assessee claimed a deduction u/s.80-IA of the Act to the tune of Rs.18,41,58,470/- and the AO vide assessment order passed u/s.143(3)r.w.s.144C(3)r.w.s.144B dated 11.06.2021 in accordance with the value determined by TPO determined the ALP of the inter

COOK INDIA MEDICAL DEVICES PVT. LTD.,CHENNAI vs. JCIT (OSD),, CHENNAI

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

Bench: Shri Chandra Poojari & Shri G. Pavan Kumarआयकर अपील सं./Ita No.: 2546/Mds/2016 िनधा"रण वष" / Assessment Years : 2012-13 M/S. Cook India Medical Devices Private The Joint Commissioner Of Limited, V. Income Tax (Osd), 4/249A, Rasim Enclave, Corporate Circle –1(2), Poonamallee High Road, Chennai. Near Savitha Dental College, Goparasanallur, Kattupakkam, Chennai – 600 056. Pan: Aaccc7628P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Nageswar Rao, Advocate ""यथ" क" ओर से/Respondent By : Shri Milind Madhukar Bhusari, Cit सुनवाई क" तार"ख/Date Of Hearing : 10.01.2017 घोषणा क" तार"ख/Date Of Pronouncement : 30.03.2017

section 234A and 234B of the Act. 10. The learned AO has erred, in law and In facts, In initiating penalty proceedings U/S 271(1)(c) of the Act; 3. The Brief facts of the case that the assessee is a wholly owned subsidiary of Cook Group Inc, USA which provides medical equipment services for its parent company. Cook India

JOHN CRANE SEALING SYSTEMS INDIA PRIVATE LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, both the assessee’s and Revenue’s appeals are partly allowed

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./Ita No.621/Mds/2016 "नधा"रण वष" / Assessment Year: 2011-12

TP (analysis) purposes. The product category is decidedly different. The ld. Authorized Representative (AR) also could not, on being questioned pointedly in the matter, furnish any satisfactory reply during hearing. We, accordingly, find no reason for the ‘Others’ division being benchmarked separately. Be that as it may, without doubt, the scale of operations, which takes time to stabilize, impacts

DCIT, CHENNAI vs. JOHN CRANE SEALING SYSTEMS (INDIA) PRIVATE LIMITED, CHENNAI

In the result, both the assessee’s and Revenue’s appeals are partly allowed

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./Ita No.621/Mds/2016 "नधा"रण वष" / Assessment Year: 2011-12

TP (analysis) purposes. The product category is decidedly different. The ld. Authorized Representative (AR) also could not, on being questioned pointedly in the matter, furnish any satisfactory reply during hearing. We, accordingly, find no reason for the ‘Others’ division being benchmarked separately. Be that as it may, without doubt, the scale of operations, which takes time to stabilize, impacts

J RAY MCDERMOTT ENGINEERING SERVICES PRIVATE LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 2(2), CHENNAI

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

Bench: Shri Mahavir Singh, Vice- & Shri G.Manjunathaआयकरअपीलसं./I.T.A.No.3239/Chny/2017 ("नधा"रणवष" / Assessment Year: 2013-14) Vs The Deputy Commissioner Of M/S. J Ray Mcdermott Engineering Income Tax, Services Pvt. Ltd. Rmz Millenia Business Park, 6Th Corporate Circle-2(2) 512, Wanaparthy Block, Floor, Campus 3B, No.143, Chennai-34. Dr.Mgr Road, Kandanchavady, Chennai-600 096. Pan: Aabcj 6787H (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 92, 92A to 92F of the Income Tax Act, 1961. The assessee has aggregated all transactions with its AEs and substantiated international transactions by using TNMM as most appropriate method. Further, 4 international transactions in the nature of reimbursement of expenses received were justified for arm’s length price by using CUP method. The assessee had operating margin