K.G. DENIM LIMITED,COIMBATORE vs. DCIT, TP-2(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1718/Chny/2024 िनधा"रण वष" / Assessment Year: 2020-21 K G Denim Limited, Dcit, 1, Thenthirumalai, V. Tp-2(1), Jadayampalayam B.O., Chennai. Dhoddabavi, Coimbatore – 641 302. [Pan: Aaack-7940-C] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ" क" ओर से/Assessee By : Shri. Arjun Raj, Advocate : Shri. A. Sasikumar, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 05.12.2024

Transfer Pricing Order dated 19.01.2023 without assigning proper reasons and justification. 3. The PCIT failed to appreciate that revision order was passed out of time, invalid, passed without jurisdiction and not sustainable both on facts and in law. 4. The PCIT failed to appreciate that the twin conditions prescribed for assuming jurisdiction under Section

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

transferred to the Central Government, State Government local authority or any other statutory authority" (also ref. CBDT Circular no. 14/2001 dated 9/11/2001) developed and begins to operate. Further, as can be made out from the section the deduction will be in respect of income generated from operation of the infrastructure facility in the following specified years as mentioned

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, COIMBATORE vs. M/S. RP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

transferred to the Central Government, State Government local authority or any other statutory authority" (also ref. CBDT Circular no. 14/2001 dated 9/11/2001) developed and begins to operate. Further, as can be made out from the section the deduction will be in respect of income generated from operation of the infrastructure facility in the following specified years as mentioned

DCIT , COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED , ERODE

In the result, all these four appeals filed by the Revenue are\ndismissed

transferred to the Central Government, State Government local\nauthority or any other statutory authority\"\n(also ref. CBDT Circular no. 14/2001 dated 9/11/2001)\nThus, as contained in the above clarification an assessee is entitled to\ndeduction under section 80IA only after the infrastructure facility is\ndeveloped and begins to operate. Further, as can be made out from\nthe section

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

price. He argued that there is no element of transfer so as to attract\nthe provision of section 2(47) of the Act and hence there cannot be any\nlevy of tax on capital gain under section 45 of the Act on the event of\nintroduction of a new partner. He has further submitted that even if the\namount

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are\ndismissed

transferred to the Central Government, State Government local\nauthority or any other statutory authority\"\n(also ref. CBDT Circular no. 14/2001 dated 9/11/2001)\nThus, as contained in the above clarification an assessee is entitled to\ndeduction under section 80IA only after the infrastructure facility is\ndeveloped and begins to operate. Further, as can be made out from\nthe section

EATON POWER QUALITY PRIVATE LIMITED,PONDICHERRY vs. DCIT, PONDICHERRY

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

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 1010/Chny/2017 िनधा"रण वष" / Assessment Year: 2012-13 Eaton Power Quality Private The Deputy Commissioner Of Limited, V. Income Tax, No.2, Evr Street Sedarapet, Pondicherry Circle, Puducherry 605 111, Pondicherry. Puducherry (Ut). [Pan: Aacc-6943-R] आयकर अपील सं./It(Tp)A No.: 35/Chny/2021 िनधा"रण वष" / Assessment Year: 2016-17 Eaton Power Quality Private The Assessing Officer, Limited, V. National E-Assessment Centre, No.2, Evr Street Sedarapet, Delhi. Puducherry 605 111, Puducherry (Ut). [Pan: Aacc-6943-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Vishal Kalra, Advocate : Shri. S. Maruthu Pandian, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 01.05.2023 घोषणा क" तारीख/Date Of Pronouncement : 03.05.2023 आदेश /O R D E R

transfer pricing proceedings under Section 92, filing of objections to draft assessment order in terms of Section 144C(2), passing of final order of assessment after expiry of the period for filing of objections in terms of Section 144C(4

SAINT-GOBAIN INDIA PRIVATE LIMITED,CHENNAI vs. DCIT NCC 8(1), CHENNAI

In the result, the assessee succeeds

Bench: Shri Aby T. Varkey & Shri Jagadish

4) of the Act in case of the Appellant since transfer pricing reference was made additional 12 months Time limit for issuance of Transfer Pricing Order as per 31/10/2019 Section

DEPUTY COMMISSIONER OF INCOMETAX, CHENNAI vs. SAINT - GOBAIN INDIA PRIVATE LIMITED, CHENNAI

In the result, the assessee succeeds

Bench: Shri Aby T. Varkey & Shri Jagadish

4) of the Act in case of the Appellant since transfer pricing reference was made additional 12 months Time limit for issuance of Transfer Pricing Order as per 31/10/2019 Section

LOTUS FOOTWEAR ENTERPRISES LIMITED-INDIA BRANCH,TIRUVANNAMALAI vs. DCIT, INTERNATIONAL TAX 1(2), CHENNAI

In the result all the four appeals of the assessee are allowed

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

price as defined in clause (ii) of section 92F, where the transfer of such goods or services is a specified domestic transaction referred to in section 92BA.” 64. Thus, the stand of the lower authorities that the interdependence of units for machinery and materials cannot be a basis for concluding that LU2 is set-up by splitting or reconstruction

LOTUS FOOTWEAR ENTERPRISES LIMITED-INDIA BRANCH,TIRUVANNAMALAI vs. DCIT, INTERNATIONAL TAX 1(2), CHENNAI

In the result all the four appeals of the assessee are allowed

price as defined in clause (ii) of section 92F, where\nthe transfer of such goods or services is a specified domestic\ntransaction referred to in section 92BA.\"\n65. Thus, the stand of the lower authorities that the interdependence of\nunits for machinery and materials cannot be a basis for concluding that LU2\nis set-up by splitting or reconstruction

LOTUS FOOTWEAR ENTERPRISES LIMITED-INDIA BRANCH,TIRUVANNAMALAI vs. DCIT, INTERNATIONAL TAX 1(2), CHENNAI

In the result all the four appeals of the assessee are allowed

price as defined in clause (ii) of section 92F, where\nthe transfer of such goods or services is a specified domestic\ntransaction referred to in section 92BA.\"\n\n64.\nThus, the stand of the lower authorities that the interdependence of\nunits for machinery and materials cannot be a basis for concluding that LU2\nis set-up by splitting or reconstruction

PFIZER HEALTHCARE INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CIRCLE-1-LTU, CHENNAI

In the result, the corporate additions made in the assessment order would not survive

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.641/Chny/2023 (िनधा9रण वष9 / Assessment Year: 2016-17) M/S.Pfizer Healthcare India Pvt. Limited Dcit (Formerly Known As Hospira Healthcare India Corporate Circle-5(2)-Ltu, बनाम/ Private Limited) Chennai. Vs. 237, Emerald Building, Anna Salai, Chennai-600 006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabco-2190-F (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Ashik Shah (Ca)-Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Dr सुनवाई की तारीख/Date Of Hearing : 09-05-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

4) of the Act in case of the Appellant since transfer pricing reference was made additional 12 months Time limit for issuance of Transfer Pricing Order as per Section

DEPUTY COMMISSIONER OF INCOME TAX, TRICHY vs. DALMIA CEMENT (BHARAT) LIMITED, TRICHY

In the result, the appeal filed by the Revenue is dismissed

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

section 153(4) of the Act in the cases where the matter is referred to transfer pricing adjustment. It was contended

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

transfer of electricity by the assessee’s windmill unit either to TANGEDCO or any other person and the entire electricity generated by the windmill undertaking is captively consumed by the textile undertaking. 4. The TPO on the basis of section 80-IA(8) held that the average selling price

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

price at which TNEB supplies electricity to its end consumers and asserted thus that the transfer of electricity from the captive windmills to the textile division of the assessee company has been at arm’s length. However, the TPO carried out FAR analysis of the assessee & the TNEB, and rejected the Sri Shanmugavel Mills Pvt. Ltd :: 3 :: method

RAMAKRISHNAN PRABHU JYOTHI,,COIMBATORE vs. ACOT, NCC-5, , COIMBATORE

In the result the appeal is dismissed

price or payment in kind or adjustment towards debt or for monetary\nconsideration. That the issue of ownership and possession nowhere\nform part of the provision and concept of transfer is alien to it.\n7.\nThe CIT (Appeals) and AO failed to take note of judgment in CIT vs\nDr.Laxmichand Narpal Nagda (1995 211 ITR 804 (Bom) wherein

ACIT, CENTRAL CIRCLE-3(2), CHENNAI vs. M/S. BANNARI AMMAN SUGARS LTD, COIMBATORE

In the result, the appeals of the assessee as well as the Revenue are dismissed

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.939/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 Bannari Amman Sugars Ltd., The Dy. Commissioner Of 1212, Trichy Road, Income Tax, Coimbatore – 641 018. Vs. Corporate Circle-1, [Pan: Aaacb-8933-G] Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.946/Chny/2022 िनधा(रण वष( /Assessment Year: 2015-16 The Asst. Commissioner Of Bannari Amman Sugars Ltd., Income Tax, 1212, Trichy Road, Central Circle-3(2), Vs. Coimbatore – 641 018. Chennai. [Pan: Aaacb-8933-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Revenue By : Shri N. Senthil Kumar, Cit : 15.05.2023 सुनवाई क" तारीख/Date Of Hearing घोषणा क" तारीख /Date Of Pronouncement : 09.08.2023 आदेश / O R D E R Per Manomohan Das, J.M: Aforesaid Two Appeals Nos. Ita/939/Chny/2022 & Ita 946/Chny/ 2022 Filed By Assessee & Department Respectively Arises Out Of The Order Of The Learned Commissioner Of Income Tax (Appeals)- 16, Chennai [Hereinafter “Cit(A)”] Dated 17-08-2022 For The

Transfer Pricing Officer for ascertaining the Arms Length Price. However, the Ld. TPO did not propose/suggest any adjustment. There was a claim for additional depreciation at 20% by the assessee on the plant and machinery installed in the co-generation Unit by him. However, the Ld. AO rejected the claim of the assessee ITA Nos.939 & 946/Chny/2022 :- 4 -: and completed