THE PR. COMMISSIONER OF INCOME TAX -6 vs. MARUTI SUZUKI INDIA LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: [Provided that where a notice under sub-section (1) of section 142 or sub-section

THE PR. COMMISSIONER OF INCOME TAX -6 vs. MICROSOFT INDIA ( R & D) PVT. LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: [Provided that where a notice under sub-section (1) of section 142 or sub-section

THE PR. COMMISSIONER OF INCOME TAX -4 vs. HEADSTRONG SERVICES INDIA PVT. LTD.

Transfer Pricing Officer before the said date, or a reference under subsection (1) is made on or after the 1st day of June, 2007, an order under sub-section (3) may be made at any time before sixty days prior to the date on which the period of limitation referred to in section 153, or as the case

M/S. ASIAN HONDA MOTOR CO. LTD.,,NEW DELHI vs. DCIT, INTL. TAXATION, NEW DELHI

In the result additional ground raised by the assessee is allowed

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiasian Honda Motor Co. Ltd, Dcit, C/O. Pds Legal Atmaram Int. Taxation Vs. Mansion, Office No. 7, First Floor, Kg Marg, New Delhi Pan:Aaica2531P (Appellant) (Respondent)

transfer pricing officer before the same date, or a reference under subsection (1) is made or after the 1/06/2007 in order under subsection (3) may be made at any time before 60 days prior to the date on which the period of limitation referred to in section 153 as the case may be, in section 153B

LOUIS DREYFUS COMMODITIES INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conference)

Transfer Pricing Officer before the said date, or a reference under sub- section (1) is made on or after the 1st day of June, 2007, an order under sub-section (3) may be made at any time before sixty days prior to the date on which the period of limitation referred to in section 153, or as the case

M/S. ASIAN HONDA MOTOR CO. LTD.,,NEW DELHI vs. DCIT, INTL. TAXATION, NEW DELHI

The appeal of the assessee is allowed

Bench: Smt Diva Singh & Shri Prashant Maharishim/S. Asian Honda Motor Co. Dcit, Ltd., Intl Taxation, Vs. C/O. Pds Legal New Delhi Atmaram Mansion, Office No.7, First Floor, K.G. Marg, New Delhi Pan:Aaica2531P (Appellant) (Respondent)

Transfer Pricing Officer before the said date, or a reference under sub-section (1) is made on or after the 1st day of June, 2007, an order under sub-section (3) may be made at any time before sixty days prior to the date on which the period of limitation referred to in section 153, or as the case

AERO CLUB,NEW DELHI vs. ACIT, CENTRAL CIRCLE-49(1), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

153B, pass the assessment order under sub-section (3) within one month from the end of the month in which,— (a) the acceptance is received; or (b) the period of filing of objections under sub-section (2) expires. (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions

DCIT CENTRAL CIRCLE-14, NEW DELHI vs. SH. VIJAY KUMAR SONI, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: Provided that where a notice under sub-section (1) of section 142 or sub-section

BIJAY KUMAR SONI,NEW DELHI vs. DCIT, CENTRAL CIRCLE-14, NEW DELHI

The appeal of the Revenue is dismissed as infructuous

Bench: Dr. B. R. R. Kumarsh. Sudhir Kumarita No. 1883/Del/2023 : Asstt. Year : 2017-18 Bijay Kumar Soni, Vs Dcit, C/O Anil Jain Dd & Co., Central Circle-14, 611, Surya Kiran Building, 19, New Delhi-110055 K. G. Marg, New Delhi-110001 (Appellant) (Respondent) Pan No. Aolps5917H Ita No. 2144/Del/2023 : Asstt. Year : 2017-18 Dcit, Vs Bijay Kumar Soni, Central Circle-14, 61/14, Block No. 61, Ram Jas, New Delhi-110055 Karol Bagh, New Delhi-110005 (Appellant) (Respondent) Pan No. Aolps5917H Assessee By : Sh. Anil Jain, Ca Revenue By : Ms. Monika Dhami, Cit-Dr Date Of Hearing: 01.08.2023 Date Of Pronouncement: 06.09.2023 Order Per Dr. B. R. R. Kumar:

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: Provided that where a notice under sub-section (1) of section 142 or sub-section

ROLLS-ROYCE INDIA PRIVATE LIMITED ,DELHI vs. DCIT TP 3(2)(1), DELHI

The appeal is allowed as indicated above

Bench: Shri Ramit Kochar & Shri Sudhir Pareek

153B), pass the assessment order under sub- section (3) within one month from the end of the month in which- (a) the acceptance is received; or (b) the period of filing of objections under sub-section (2) expires. (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions

ARIBA INDIA PRIVATE LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, DELHI

In the result, appeal of the assessee is allowed

Bench: SHRI YOGESH KUMAR U.S (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Transfer Pricing Officers tend to take a conservative view. The correction of such view take very long time with the existing appellate structure. With a view to provide speedy disposal, it is proposed to amend the Income- tax Act so as to create an alternative dispute resolution mechanism within the income-tax department and accordingly, section 144C has been proposed

JINDAL STEEL & POWER LTD.,HISAR vs. JCIT, HISAR

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

Bench: Ms. Suchitra Kambledr. B. R. R. Kumar(Through Video Conferencing)

153B, pass the assessment order under sub-section (3) within one month from the end of the month in which,- (a) the acceptance is received; or (b) the period of filing of objections under sub-section (2) expires. (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions

MOBASE INDIA PVT. LTD. ,UTTAR PRADESH vs. ACIT , DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Deydr. B. R. R. Kumara.Y. : 2016-17 Mobase India Pvt. Ltd., Vs The Acit, 1C, Front Part Of Front Building, National E-Assessment Centre, Udyog Vihar, Ecotech-Ii, Greater New Delhi. Noida 201306, Up (Appellant) (Respondent) Pan No. Aaecd 8832 G Assessee By : Sh. Rajesh Dua, Ca Revenue By : Sh. Rajesh Kumar, Cit(Dr) Date Of Hearing: 06.12.2023 Date Of Pronouncement: 27.02.2024

Transfer Pricing determining adjustment on account of ALP at NIL.  Then the AO passed an order making addition on account of PF & ESI, ROC Fess and profit on sale of fixed assets. These three items were either two were not part of the draft Assessment Order. Hence, in view of the provisions of Section 144C(13)-“[Upon receipt

L.S CABLE INDIA PVT LTD ,REWARI vs. DCIT, CIRCLE13(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2018-19] L S Cable India Pvt.Ltd., Vs Dcit, Plot No.28-31, Sector-5, Cirlce-13(1), Phase-Ii, Hsiidc Gc Bawal, New Delhi Rewari, Haryana-23501. Pan-Aabcl3621Q Appellant Respondent Appellant By Shri Gaurav Garg, Ca Respondent By Shri S.K.Jhadav, Cit Dr Date Of Hearing 01.04.2025 Date Of Pronouncement 29.05.2025

Transfer Pricing Officer or any other authority; (e) records relating to the draft order; (f) evidence collected by, or caused to be collected by, it; and (g) result of any enquiry made by, or caused to be made by, it. (7) The Dispute Resolution Panel may, before issuing any directions referred to in sub-section (5),- (a) make such further

ADIDAS INDIA MARKETING PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed partly for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Years: 2011-12 M/S. Adidas India Marketing Vs. Income Tax Officer, Pvt. Ltd., Ward-1(3), Range-1, New C/O Pricewaterhousecoopers Delhi Pvt. Ltd., Sucheta Bhawan, Gate No.2, 1St Floor 11-A, Vishnu Digambar Marg, New Delhi. Pan :Aaaca5313P (Appellant) (Respondent) & Assessment Years: 2012-13 M/S. Adidas India Marketing Vs. Dy. Cit, Pvt. Ltd., Circle-1(2), New Delhi C/O Pricewaterhousecoopers Pvt. Ltd., Sucheta Bhawan, Gate No.2, 1St Floor 11-A, Vishnu Digambar Marg, New Delhi. Pan :Aaaca5313P (Appellant) (Respondent) Assessee By Shri Kanchan Kaushal, Ar Department By Shri Sanjay I. Bara, Cit(Dr)

transfer pricing adjustment to Rs.47,85,26,103/- as worked out by the learned TPO. 5.7 Thus, it is evident that learned TPO/AO has not considered the direction of learned DRP. As per the provisions of section 144C(13) of the Act, the Assessing Officer is bound to pass the final assessment order in conformity with the direction

ADIDAS INDIA MARKETING PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, both the appeals of the assessee are allowed partly for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Years: 2011-12 M/S. Adidas India Marketing Vs. Income Tax Officer, Pvt. Ltd., Ward-1(3), Range-1, New C/O Pricewaterhousecoopers Delhi Pvt. Ltd., Sucheta Bhawan, Gate No.2, 1St Floor 11-A, Vishnu Digambar Marg, New Delhi. Pan :Aaaca5313P (Appellant) (Respondent) & Assessment Years: 2012-13 M/S. Adidas India Marketing Vs. Dy. Cit, Pvt. Ltd., Circle-1(2), New Delhi C/O Pricewaterhousecoopers Pvt. Ltd., Sucheta Bhawan, Gate No.2, 1St Floor 11-A, Vishnu Digambar Marg, New Delhi. Pan :Aaaca5313P (Appellant) (Respondent) Assessee By Shri Kanchan Kaushal, Ar Department By Shri Sanjay I. Bara, Cit(Dr)

transfer pricing adjustment to Rs.47,85,26,103/- as worked out by the learned TPO. 5.7 Thus, it is evident that learned TPO/AO has not considered the direction of learned DRP. As per the provisions of section 144C(13) of the Act, the Assessing Officer is bound to pass the final assessment order in conformity with the direction

PIONEER INDIA ELECTRONICS PVT. LTD.,GURGAON vs. DCIT, GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

Transfer Pricing Officer before the said date, or a reference under sub- section (1) is made on or after the 1st day of June, 2007, an order under sub-section (3) may be made at any time before sixty days prior to the date on which the period of limitation referred to in section 153, or as the case

FRESENIUS KABI ONCOLOGY LTD,NEW DELHI vs. ITO, WARD-9(3), NEW DELHI

In the result appeal of the assessee is allowed

Bench: Shri Prakash Chand Yadav & Shri Manish Agarwalfresenius Kabi Oncology Ltd. Income Tax Officer, B-310, Som Dutt Chamber, Ward-9(3), Bhikaji Cama Place, Vs. New Delhi. New Delhi-110066. Pan-Aabcd7720L (Appellant) (Respondent)

Transfer Pricing Officers tend to take a conservative view. The correction of such view take very long time with the existing appellate structure. With a view to provide speedy disposal, it is proposed to amend the Income-tax Act so as to create an alternative dispute resolution mechanism within the income-tax department and accordingly, section 144C has been proposed