THE ACIT, CIRCLE-1, KOLLAM vs. M/S.OLAM AGRO INDIA P. LTD, KOLLAM

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

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

transfer pricing adjustment made by the TPO. 4. Aggrieved by the assessment order, the assessee filed an appeal to the first appellate authority. Before the first appellate authority it was contended that the assessee was not issued draft assessment order. Therefore, it was submitted that the assessee was denied an opportunity to approach the Dispute Resolution Panel

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

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

1. The present appeal preferred by the Assessee is pertaining to Assessment Year 2013-2014 challenging Final Assessment Order, dated 18/09/2017, passed by the Assessing Officer under Section 143(3) read with Section 92CA read with Section 144C of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’], as per the directions issued by Dispute Resolution Panel

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

1), Trivandrum, dated 28.01.2016, which was passed in consequent to the IT(TP)A Nos.475 & 134/Coch/2016. 2 M/s.US Technology Resources Pvt.Ltd. direction of the DRP-2, Bangalore u/s 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

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

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

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

1), Trivandrum, dated 28.01.2016, which was passed in consequent to the IT(TP)A Nos.475 & 134/Coch/2016. 2 M/s.US Technology Resources Pvt.Ltd. direction of the DRP-2, Bangalore u/s 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

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

Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act for the purpose of benchmarking the above international transactions. The TPO vide order dated 28.10.2016 3 Apollo Tyres Ltd. passed u/s. 92CA(3) of the Act suggested upward TP adjustments in respect of corporate guarantee commission provided to Apollo Vredestein BV (AVBV

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

Transfer Pricing adjustment @ 0.6% as claimed by the assessee and to remove the three companies out of five companies arrived by the TPO, which are broadly engaged in similar services and therefore functionally comparable. 5. In the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in allowing deduction u/s. 80IA on gas turbine unit

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

Transfer Pricing Order made an adjustment of Rs.2,03,38,752/- towards notional guarantee commission in respect of corporate guarantee given by the assessee for its Subsidiary.After receiving the order of the TPO, the Assessing Officer made a draft assessment order u/s 144(1) proposing to make the following adjustments:- i. Addition as proposed by TPO — towards notional Guarantee Commission

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.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

M/S.KERA FIBERTEX INTERNATIONAL P. LTD,COCHIN vs. THE ACIT, COCHIN

In the result, the appeals by the assessee is allowed, and that by the Revenue, dismissed

Bench: Shri Sanjay Arora (Accountant Member), Shri Manomohan Das (Judicial Member)

1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-section (3) of section 92CA; and (ii) any non-resident not being a company, or any foreign company.” (emphasis, ours) The Controversy 4.1 The law in the matter is, thus, amply clear, and the procedure well laid out, qua which there could therefore possibly

THE ACIT CORPORATE, COCHIN vs. M/S.KERA FIBERTEX INTERNATIONAL P. LTD, COCHIN

In the result, the appeals by the assessee is allowed, and that by the Revenue, dismissed

Bench: Shri Sanjay Arora (Accountant Member), Shri Manomohan Das (Judicial Member)

1) arises as a consequence of the order of the Transfer Pricing Officer passed under sub-section (3) of section 92CA; and (ii) any non-resident not being a company, or any foreign company.” (emphasis, ours) The Controversy 4.1 The law in the matter is, thus, amply clear, and the procedure well laid out, qua which there could therefore possibly

US TECHNOLOGY INTERNATIONAL P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, appeal filed by the assessee is partly allowed of statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Us Technology International Pvt. Ltd. Acit, Circle - 1(1) 621, Nila, Technopark Campus 1St Floor, Aayakar Bhavan Vs. Kariyavattom, Trivandrum 695581 Kowdiar [Pan: Aaacu5628B] Thiruvananthapuram 695003 (Appellant) (Respondent)

144C(3) of Income Tax Act, 1961 (hereinafter "the Act") dated 24.02.2022 for Assessment Year (AY) 2017-18. 2. The assessee has raised fresh grounds of appeal detailed as under: “Ground No. 1-Assessment and Reference to Transfer Pricing Officer are bad in law 1.1 The final order issued by the Assistant Commissioner of Income Tax, Circle 1(1) ('Assessing

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.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

section 36(1)(va) of the Act was upheld, and (iii) Transfer pricing adjustment was reduced to Rs.6,72,554. 2.3 The Assessing Officer on receipt of the DRP’s order dated 12.08.2016, passed the final assessment order u/s 143(3) r.w.s. 144C

M/S.MICROOBJECTS P. LTD,COCHIN vs. THE ACIT, COCHIN

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

Bench: S/Shri P K Bansal & George George K, Jm M/S. Microobjects Private Limited, Vs The Asst. Commr Of Income Tax 41/1098B, Pullepady Cross Road, Corporate Circle 1(2), Kochi. Kochi-682018. ( Appellant) (Respondent)

section 144C of the I.T. Act. The relevant assessment year is 2012-13. 2. Briefly stated the facts of the case are as follows: The assessee is a private limited company. It is a captive service provider (software developer) for its associate enterprise (AE) which is based in USA. For the assessment year 2011-12, the return of income

M/S. DELPHI CONNECTION SYSTEM INDIA P. LTD(FORMERLY FCI TECHNOLOGY SERVICES LTD),COCHIN vs. THE ACIT, COCHIN

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

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

section 144C(5) of the Income Tax Act dated 28/12/2017 and pertain to the assessment year 2011-12. 2. The assessee has raised the following grounds of appeal: 1. The order of the learned Dispute Resolution Panel-2, Bengaluru to the extent appealed against is against law, equity and justice. I.T(TP).A. No. 66/Coch/2018 2. The learned panel erred

UST GLOBAL TECHNOLOGY SERVICES (INDIA) PRIVATE LIMITED,KOCHI vs. DCIT,CORPORATE CIRCLE 2(1), KOCHI

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

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary

section 92CA(1) of the Act, to the Transfer Pricing Officer (TPO) for the purpose of determination of ALP in respect of the above international transaction. 4 The TPO vide order dated 09/10/2023 passed u/s. 92CA(3), suggested the TP adjustment in respect of software development agreement of Rs. 12,84,50,000/- and also interest on delayed receivables