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)

Section 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

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.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.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

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

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)

13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction

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)

13) Upon receipt of the directions issued under sub-section (5), the Assessing Officer shall, in conformity with the directions, complete, notwithstanding anything to the contrary contained in section 153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction

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

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.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.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

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.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

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

transfer pricing adjustment of Rs.4,32,18,348/- to the total income of the assessee by computing the Arms Length Price under the Transaction Net margin Method at substantially higher than computed by the appellant. 3. The learned TPO/DRP has erred in disregarding the Transactions Net Margin of 11 comparable companies taken by the appellant after considering all facts

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

13 I.T.A. Nos. 247,302, 339, 268&336/Coch/2018& C.O. Nos. 56&57/Coch/2018 expenditure incurred by it for its in-house R&D facility. It was submitted that the approval of the DSIR has retrospective application considering the fact that R&D unit already has the recognition and hence, deduction ought to have been allowed. 7.1 We have heard the rival

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

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