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

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

13,172/- with its Associated Enterprises. The case of the Assessee was referred to the Transfer Pricing Officer (TPO) under Section 92CA of the Act for determination of the Arm's Length Price (ALP) in relation to the said international transactions. TPO passed order, dated 28/10/2016, under Section 92CA(3

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

3) of the Rules, 4. Regarding transfer pricing adjustment of Rs. 3.07.02.519% on Cost-to-Cost Recovery of Salary expenses from AEs a. On the facts and in the circumstances of the case and in law, the Ld. AO/TPO/DRP grossly erred in not appreciating that the recovery of salary expenses of Rs. 14,38,73,097/- (which was rectified

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

transfer pricing adjustment in the draft assessment order. The final assessment order was passed on 26.04.2013. The assessee, however, claims that the final assessment order was not received by it. Thereafter reassessment notice was issued and orders u/s 143(3) r.w.s. 147 of the I.T.Act was passed on 27.03.2015. The Assessing Officer in the reassessment completed, disallowed the amount claimed

SILLS KARINGATTIL JOSE,NEDUMKANDOM vs. ITO WARD 2, THODUPUZHA

Appeal is partly allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhsils Karingattil Jose Income Tax Officer Np 3/406, Karingattil Ward - 2, House, Munnar Road Thodupuzha Vs. Nedumkandom P.O. [Pan: Afopj8789C] (Appellant) (Respondent)

3 Sils Karingattil Jose that the provisions of section 50C of the Act is not applicable to the facts of the case. 7. The appellant submit that none of the conditions specified in section 53A of the Transfer of Property Act read with section 2(47)(V) of the Income Tax Act were complied in the agreement under reference

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.MATHAI XAVIER, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.TOMY MATHEW PARTNER OF MATHAI SONS, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THE ACIT, CIR-1(1), ERNAKULAM, ERNAKULAM vs. SRI.JOSE MATHEW, M/S.E.V.MTHAI & SONS, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THEACIT, CIR-1(1),EKM, ERNAKULAM vs. SRI.E.M.JOHNY, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THE ACIT, CIRCLE-1(1), ERNAKULAM, ERNAKULAM vs. SRI.E.M.PAUL, EDAKATTUKUDIYIL, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

SRI.ESSA ISMAIL SAIT,ERNAKULAM vs. THE ACIT,CIR-2(1),, ERNAKULAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THE ITO, WARD-2, THODUPUZHA, THODUPUZHA vs. SRI.MARTIN JOHNY, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

THE ITO, WD-2, THODUPUZHA, THODUPUZHA vs. SRI.E.J.SONY, KOTHAMANGALAM

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

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

price of Rs. 1 lakh received in cash. This sale deed evidently is a conscious attempt to avoid the provisions of Chapter XX-C. This property is worth nearly Rs. 12 crores and the total declared sale consideration is only Rs. 3 crores. By avoiding a normal sale deed, the assessee has circumvent the provisions of Chapter

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

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

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

transfer prices. For example when price of say W320 grade contracted earlier was Rs. X which is less than cost or current price, assessee is bound to sell atcontracted price only. It was submitted that A.O. wrongly presumed that entire sales in India were to sister concerns. The sales wereeffected in the domestic market through depots, consignment agents