HYUNDAI TRANSYS INC,REPUBLIC OF KOREA vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI

Appeal of the assessee is allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.338/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Hyundai Transys Inc, Vs. The Deputy Commissioner Of 105, Sindang Income Tax, 1 Ro Seongyeon, International Tax, Myeon, Corporate Circle 1(1) Seosan, Ccn 356851 Chennai. Korea.

Transfer Pricing Officer (TPO) with the approval of the Competent Authority. The TPO vide order u/s 92 CA (3) of the Income Tax Act, 1961 dated 20/09/2018 has not drawn any adverse inference in respect of the international transactions held by the assessee during the FY-2014-15. The scrutiny assessment proceedings were completed accepting the return of Income

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 Issue – computation of Arms Length Price, for which the assessment was reopened by recording reasons under section 148

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 Issue – computation of Arms Length Price, for which the assessment was reopened by recording reasons under section 148

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 Issue – computation of Arms Length Price, for which the assessment was reopened by recording reasons under section 148

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 Issue – computation of Arms Length Price, for which the assessment was reopened by recording reasons under section 148

SIVA INDUSTRIES AND HOLDINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

section 148 , dated August 30, 2010 . During the reassessment , the appellant pleaded that entered into an agreement with M/s. Sahara India Commercial Corporation ITA Nos.1040/Chny/2014 & 1392, 1393, 1390, 1391, 1973/Chny/2016 ITA Nos.1075/Chny/2014, 663/Chny/2015 (CO No.51/Chny/2014 in ITA No.1075/Chny/2014) - 6 -: ITA Nos.1417 & 1421/Chny/2016 Limited (“SICCL”) on December 29, 2006 to develop 196.97 acres of agriculture land situated at Chauma Village, Dist

DCIT, CHENNAI vs. SIVA VENTURES LIMITED, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

section 148 , dated August 30, 2010 . During the reassessment , the appellant pleaded that entered into an agreement with M/s. Sahara India Commercial Corporation ITA Nos.1040/Chny/2014 & 1392, 1393, 1390, 1391, 1973/Chny/2016 ITA Nos.1075/Chny/2014, 663/Chny/2015 (CO No.51/Chny/2014 in ITA No.1075/Chny/2014) - 6 -: ITA Nos.1417 & 1421/Chny/2016 Limited (“SICCL”) on December 29, 2006 to develop 196.97 acres of agriculture land situated at Chauma Village, Dist

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

section 148 , dated August 30, 2010 . During the reassessment , the appellant pleaded that entered into an agreement with M/s. Sahara India Commercial Corporation ITA Nos.1040/Chny/2014 & 1392, 1393, 1390, 1391, 1973/Chny/2016 ITA Nos.1075/Chny/2014, 663/Chny/2015 (CO No.51/Chny/2014 in ITA No.1075/Chny/2014) - 6 -: ITA Nos.1417 & 1421/Chny/2016 Limited (“SICCL”) on December 29, 2006 to develop 196.97 acres of agriculture land situated at Chauma Village, Dist

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

section 148 , dated August 30, 2010 . During the reassessment , the appellant pleaded that entered into an agreement with M/s. Sahara India Commercial Corporation ITA Nos.1040/Chny/2014 & 1392, 1393, 1390, 1391, 1973/Chny/2016 ITA Nos.1075/Chny/2014, 663/Chny/2015 (CO No.51/Chny/2014 in ITA No.1075/Chny/2014) - 6 -: ITA Nos.1417 & 1421/Chny/2016 Limited (“SICCL”) on December 29, 2006 to develop 196.97 acres of agriculture land situated at Chauma Village, Dist

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

148 ITD 513(Mum.) wherein held that the “TP adjustment is required to be made by applying one of the prescribed methods. The TPO has not applied any prescribed method and has only disallowed part of the expenses as done in the normal assessment, which is not permitted under transfer pricing regulation as per which adjustment on account

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

148 ITD 513(Mum.) wherein held that the “TP adjustment is required to be made by applying one of the prescribed methods. The TPO has not applied any prescribed method and has only disallowed part of the expenses as done in the normal assessment, which is not permitted under transfer pricing regulation as per which adjustment on account

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

transfer, was filed before the Assessing Officer during the course of assessment proceedings. (ii) Though the statement of Shri.Sumit Sharma was taken as the basis for reopening the assessment, another director of the company had confirmed the transaction vide letter dated 28.01.2016 (Refer page 7 of Paper book) ITA Nos.2280-83 /2018 :- 9 -: (iii) It may be noted that Shri.Suraj

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

transfer, was filed before the Assessing Officer during the course of assessment proceedings. (ii) Though the statement of Shri.Sumit Sharma was taken as the basis for reopening the assessment, another director of the company had confirmed the transaction vide letter dated 28.01.2016 (Refer page 7 of Paper book) ITA Nos.2280-83 /2018 :- 9 -: (iii) It may be noted that Shri.Suraj

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

transfer, was filed before the Assessing Officer during the course of assessment proceedings. (ii) Though the statement of Shri.Sumit Sharma was taken as the basis for reopening the assessment, another director of the company had confirmed the transaction vide letter dated 28.01.2016 (Refer page 7 of Paper book) ITA Nos.2280-83 /2018 :- 9 -: (iii) It may be noted that Shri.Suraj

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

transfer, was filed before the Assessing Officer during the course of assessment proceedings. (ii) Though the statement of Shri.Sumit Sharma was taken as the basis for reopening the assessment, another director of the company had confirmed the transaction vide letter dated 28.01.2016 (Refer page 7 of Paper book) ITA Nos.2280-83 /2018 :- 9 -: (iii) It may be noted that Shri.Suraj

ASSISTANT COMMISSIONER OF INCOME TAX, NUNGAMBAKKAM vs. R K M POWERGEN PRIVATE LIMITED, T NAGAR

In the result the appeal of the revenue for the both the

Transfer Pricing orders are tabulated below:\nAsst year Date of TP order/dat TP adjustment Remarks\nReference to TPO e (Rs. in cores)\n2011-12 01.10.2013 Order u/s. No\n92CA(3)/ adjustment\n21.01.20\n15\nTPO concluded that the Import of\nEquipment from\nMIPP is at arm's\nlength price\n2012-13 20.11.2014 Order No\nu/s. adjustment\n92CA(3)/\n08.09.20\n15\nTPO

GOKULAKRISHNA,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE 8(1), CHENNAI

In the result, the appeal filed by the assessee is allowed and the stay\napplication is dismissed

148 ITD 424 (Delhi)\n12. He further argued that there is no legal requirement to obtain a\nvaluation report between two unrelated parties when there is an agreement\n\n-9-\nITA No.1088/Chny/2025\nS.A. No. 48/Chny/25\nfor the price. He argued that there is no element of transfer so as to attract\nthe provision of section

ASSISTANT COMMISSIONER OF INCOME TAX, CHENNAI vs. R K M POWERGEN PVT. LTD., CHENNAI

In the result the appeal of the revenue for the both the\n

Transfer Pricing orders are tabulated below:\nAsst year\nDate\nof TP\nReference\norder/dat\ne\nTP adjustment\n(Rs. in cores)\nRemarks\nto TPO\n2011-12\n01.10.2013\nOrder\nu/s.\n92CA(3)/\n21.01.20\n15\nNo\nadjustment\nTPO\nconcluded\nthat the Import of\nequipment from\nMIPP is at arm's\nlength price\n2012-13\n20.11.2014\nOrder\nu/s.\n92CA(3)/\n08.09.20\n15\nNo\nadjustment

K V TEX FIRM,CHENNAI vs. ASST. COMMISSIONER OF INCOME TAX,, CHENNAI

In the result, all the three appeals of the assessee stand allowed

Bench: Shri George George K & Shri S.R. Raghunatha

Section 148 of the Act. Any other interpretation, in our humble view, will not only cause violence to the language used, but will also defeat the object for which a transparent faceless procedure’ was introduced. Hence, we are unable to persuade ourselves to accept a different meaning than the literal meaning flowing and conveyed from the provisions