M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

144C(5) of the I.T.Act, dated 28.12.2015. Since common issues are involved in both the appeals, they are being heard together and disposed off by this consolidated order, for the sake of convenience. 2. Grounds of appeal raised in ITA No.475/Coch/2016 are reproduced below:- “The grounds stated hereunder are independent of, and without prejudice to one another. The Appellant submits

M/S.IBS SOFTWARE SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

144C(5) of the Act. 2. The relevant facts in brief are that the Assessee is a subsidiary of International Business Services Group (P) Limited ("IBSG") having units in Software Technology Park of India ("STPI) and Special Assessment Year 2013-2014 Economic Zone ("SEZ"). The Assessee, a company engaged in the business of development and sale of computer software, filed

M/S.JOY ALUKKAS INDIA P LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

5) dated 29/12/2014 upheld some of the additions proposed in the draft assessment order. The Assessing Officer passed the final assessment order u/s. 144C r.w.s. I.T.A. Nos.151 & 190/C/2015 143(3) of the Act dated 16/01/2015. The Assessing Officer made the following disallowances: Upward revision towards TP 4,58,99,641 adjustment with Associated Enterprises Notional interest on borrowings

ACIT CORPORATE, COCHIN vs. M/S.JOY ALUKKAS (INDIA) LTD, COCHIN

In the result, the appeal of the assessee is dismissed and the appeal of the

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

5) dated 29/12/2014 upheld some of the additions proposed in the draft assessment order. The Assessing Officer passed the final assessment order u/s. 144C r.w.s. I.T.A. Nos.151 & 190/C/2015 143(3) of the Act dated 16/01/2015. The Assessing Officer made the following disallowances: Upward revision towards TP 4,58,99,641 adjustment with Associated Enterprises Notional interest on borrowings

THE ACIT, CORP CIRCLE-1(1), KOCHI, ERNAKULAM vs. APPOLO TYRES LTD, ERNAKULAM

In the result, the appeal filed by the Revenue in ITA No

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

disallowance of pre-operative expenditure as claimed by the assessee for setting up a new manufacturing plant at Chennai, since this expenditure is related to the erection and construction of plant and machinery and building and can be the part of the cost of plant and machinery and of building. 4. In the facts and circumstances of the case

M/S.US TECHNOLOGY INTERNATIONAL P. LTD,TRIVANDRUM vs. THE JCIT, TRIVANDRUM

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

144C of the I.T.Act disallowing the deduction u/s 10B of the I.T.Act and interest expenses on funds advanced. In response to the draft assessment order, the assessee filed submissions before the Assessing Officer intimating its inability to file objections before the Dispute Resolution Panel (DRP) in the absence of transfer pricing adjustment in the draft assessment order. The final assessment

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, ground Nos

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

144C r.w.s. 92CA of the I.T.Act and issued the demand notice u/s 156 of the Act raising a total demand of Rs.9,38,08,666. 2.4 Aggrieved by the final assessment order, the assessee company has filed the present appeal and the stay application before the Tribunal. The synopsis of the grounds argued by the learned Counsel for the assessee

THE JT CIT, TRIVANDRUM vs. ALLIANZ CORNHILL INFORMATION SERVICES P. LTD, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

144C(5) of the Income Tax Act, 1961 by Dispute Resolution Panel-2, Bengaluru dated 18/12/2014 and pertain to the assessment year 2010-11. 2. The assessee has raised the following grounds of appeal: 1 Non-allowance of prior period income in the computation of margins of the Company Relief • The Transfer Pricing Officer ("TPO") erred

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. JTCIT, TRIVANDRUM

In the result, the appeal of the assessee is partly allowed and the

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Assessment Year : 2010-11

144C(5) of the Income Tax Act, 1961 by Dispute Resolution Panel-2, Bengaluru dated 18/12/2014 and pertain to the assessment year 2010-11. 2. The assessee has raised the following grounds of appeal: 1 Non-allowance of prior period income in the computation of margins of the Company Relief • The Transfer Pricing Officer ("TPO") erred

PLANT LIPIDS (P) LTD.,KADAYIRUPPU vs. DCIT , CORPORATE CIRCLE-2(1), KOCHI

In the result appeal filed by assessee stands allowed

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2020-21 Plant Lipids (P) Ltd. Kadayiruppu Po Kolenchery Dcit, Vs. Kerala 682 311 Corporate Circle-2(1) Kochi Pan No : Aabcp6061C Appellant Respondent Appellant By : Shri Thomson Thomas, A.R. Respondent By : Shri Sanjit Kumar Das, D.R. Date Of Hearing : 20.02.2025 Date Of Pronouncement : 19.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ao, Assessment Unit, Income Tax Department Dated 19.6.2024 Vide Din No.Itba/Ast/S/143(3)/2024- 25/1065876641(1) For The Ay 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised Following Grounds Of Appeal: Plant Lipids (P) Ltd., Kolencherry, Kerala Page 2 Of 8

144C(13) r.w.s. 144B of the Act. 4. Being aggrieved by the disallowance of deduction u/s 80Gof the Act by the Assessing officer the assessee has filed the present appeal before this Tribunal. 5. Thus, the solitary issue raised before us is whether the AO justified in rejecting claim u/s 80G of the Act on the expenses incurred on account

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

144C(1) of the Act on 30.12.2016 proposing to make the following additions: - i. TP adjustment – Rs. 3,48,96,832/- ii. Disallowance of additional depreciation u/s. 32(1)(iia) of the Act on the ground that the plant and machinery was acquired and put to use during the previous year relevant to AY 2012- 13. Since the assets were

M/S.JOY ALUKKAS INDIA P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

144C(13) after proposing the following additions:- a) Addition by way of adjustments of Rs. 7,86,61,786/- b) Addition made on account of leasehold premises of Rs. 12,12,97,648/-. 4 IT (TP) A No. 119/Coch/2016 & IT (TP) A Nos. 38 & 643/Coch/2017 M/s. Joyalukkas India Pvt. Ltd. c) Addition on account of insurance claim received on leasehold

M/S.JOY ALUKKAS INDIA P. LTD,TRICHUR vs. THE ACIT, ERNAKULAM

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharyit (Tp) A No. 119/Coch/2016 (Assessment Year: 2011-12) & It (Tp) A Nos. 38 & 643/Coch/2017 (Assessment Years :2012-13 & 2013-14)

144C(13) after proposing the following additions:- a) Addition by way of adjustments of Rs. 7,86,61,786/- b) Addition made on account of leasehold premises of Rs. 12,12,97,648/-. 4 IT (TP) A No. 119/Coch/2016 & IT (TP) A Nos. 38 & 643/Coch/2017 M/s. Joyalukkas India Pvt. Ltd. c) Addition on account of insurance claim received on leasehold

TORRY HARRIS SEA FOODS LTD,ALAPPUZHA vs. THE ACIT, ALAPPUZHA

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

Bench: S/Shri Chandra Poojari , Am & George George K., Jm

144C(5) of the Act dated 25/08/2016. The relevant assessment year is 2012-13. 2. The assessee has raised the following grounds of appeal: 1. The Dispute Resolution Panel, Bangalore is not justified in rejecting the claim of the appellant for the Glazing Loss in the commodity exported. I.T.(TP)A. No./447C/2016 2. The Dispute Resolution Panel, Bangalore

APOLLO TYRES LTD.,COCHIN vs. DCIT CORPORATE CIR 1(1), KOCHI

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2020-21 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Acit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 10.09.2025

144C(13) & 144B of the Income-tax Act, 1961 ('the Act') dated 20th June, 2024, by the Assessment Unit, Income Tax Department (AO') pursuant to the directions of the Dispute Resolution Panel ('DRP'), and the additions/disallowances made by the Id. AO/TPO, are grossly injudicious, unwarranted, against the facts of the case and bad in law. 2. The additions/disallowances made

M/S.SPERIDIAN TECHNOLOGIES P. LTD,TRIVANDRUM vs. THE ACIT,CIRCLE-1(1), TRIVANDRUM, TRIVANDRUM

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

Bench: S/Shri Abraham P. George, Am & George George K., Jm

144C(5) of the Income Tax Act, 1961 by Dispute Resolution Panel-2, Bangalore dated 21/03/2017 for the assessment year 2013-14. 2. The assessee has raised the following grounds of appeal: A. The appellant would submit that the impugned consequential assessment order and the DRP directions to the extent challenged hereunder, is contrary to the law, facts and circumstances

M/S.NAVIGANT BPM (INDIA) P. LTD(EARLIER KNOWN AS REVENUE MED INDIA P. LTD),TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, ground No.4

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

disallowance u/s 10B of the I.T.Act and the arm’s length price was re- determined at Rs.4,62,38,575 instead of Rs.4,12,31,390 proposed in the draft assessment order. Subsequently final assessment order was passed on 16.12.2015, incorporating the direction of the DRP. IT(TP)A No.57/Coch/2016 3 SA No.62/Coch/2017. M/s.Navigant BPM (India) Pvt.Ltd. 4. The assessee