ACIT., CENTRAL CIRCLE 3(4), HYDERABAD, HYDERABAD vs. HETERO LABS LIMITED, HYDERABAD

In the result, the appeal of Revenue in ITA No

Bench: Shri R.K. Panda & Shri Laliet Kumarआ.अपी.सं / Ita Nos.312 & 313/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2017-18 & 2018-19) Hetero Labs Limited, Vs. The Assistant Commissioner Of Hyderabad. Income Tax, Central Circle – 3(4), Pan : Aaach5506R Hyderabad. अपीलाथ" / Appellant "" यथ" / Respondent आ.अपी.सं / Ita Nos.348 & 349/Hyd/2023 (िनधा"रण वष" / Assessment Years: 2017-18 & 2-18-19) The Assistant Vs. Hetero Labs Limited, Commissioner Of Income Hyderabad. Tax, Central Circle – 3(4), Pan : Aaach5506R Hyderabad. अपीलाथ" / Appellant "" यथ" / Respondent

92B of the Act. 6. Whether on the facts and circumstances of the case, the CIT(Appeals) is justified in directing to adopt rate @LIBOR+200 basis points on account of transfer on delayed trade receivables by rejecting SB! short term deposit rates as Comparable Uncontrolled Price for benchmarking the interest on delayed receivables. 7. Whether on the facts

HETERO LABS LIMITED,HYDERABAD vs. ACIT, CENTRAL CIRCLE-3(4), HYDERABAD

In the result, the appeal of Revenue in ITA No

Bench: Shri R.K. Panda & Shri Laliet Kumarआ.अपी.सं / Ita Nos.312 & 313/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2017-18 & 2018-19) Hetero Labs Limited, Vs. The Assistant Commissioner Of Hyderabad. Income Tax, Central Circle – 3(4), Pan : Aaach5506R Hyderabad. अपीलाथ" / Appellant "" यथ" / Respondent आ.अपी.सं / Ita Nos.348 & 349/Hyd/2023 (िनधा"रण वष" / Assessment Years: 2017-18 & 2-18-19) The Assistant Vs. Hetero Labs Limited, Commissioner Of Income Hyderabad. Tax, Central Circle – 3(4), Pan : Aaach5506R Hyderabad. अपीलाथ" / Appellant "" यथ" / Respondent

92B of the Act. 6. Whether on the facts and circumstances of the case, the CIT(Appeals) is justified in directing to adopt rate @LIBOR+200 basis points on account of transfer on delayed trade receivables by rejecting SB! short term deposit rates as Comparable Uncontrolled Price for benchmarking the interest on delayed receivables. 7. Whether on the facts

RAIN CEMENTS LIMITED (FORMERLY KNOWN AS RAIN CII CARBON INDIA LIMITED ),HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD

Appeals are partly allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahuappellant Respondent

disallowance(s) of Rs.1,06,42,020/-, Rs.7,58,750/- and Rs.7,70,000/-; respectively. We therefore propose to dispose-of all the three instant appeals together for the sake of convenience and brevity. 3. Learned counsel’s first and foremost argument raises a legal question as to whether a corporate guarantee forms an international transaction or not being

RAIN CEMENTS LIMITED, HYDERABAD,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD

Appeals are partly allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahuappellant Respondent

disallowance(s) of Rs.1,06,42,020/-, Rs.7,58,750/- and Rs.7,70,000/-; respectively. We therefore propose to dispose-of all the three instant appeals together for the sake of convenience and brevity. 3. Learned counsel’s first and foremost argument raises a legal question as to whether a corporate guarantee forms an international transaction or not being

RAIN INDUSTRIES LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD

Appeals are partly allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahuappellant Respondent

disallowance(s) of Rs.1,06,42,020/-, Rs.7,58,750/- and Rs.7,70,000/-; respectively. We therefore propose to dispose-of all the three instant appeals together for the sake of convenience and brevity. 3. Learned counsel’s first and foremost argument raises a legal question as to whether a corporate guarantee forms an international transaction or not being

DR.REDDY'S LABORATORIES LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-17(1), HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. DR.REDDY'S LABORATOREIS LIMITED, HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

DR.REDDY'S LABORATORIES LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. DR.REDDY'S LABORATORIES LIMITED, HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

DR.REDDY'S LABORATORIES LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-17(1), HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. DR.REDDY'S LABORATORIES LIMITED , HYDERABAD

In the result, appeals of the Revenue in ITA No

Bench: Shri Laxmi Prasad Sahu & Shri K.Narasimha Charyआ.अपी.सं / "नधा"रण अपीलाथ" / "" यथ" /

disallowance of expenditure of capital nature claimed under the head maintenance expenditure, Rs. 26,81,34,709/- on account of claim of ESOPs, Rs. 13,52,09,061/- on account of deduction under section 10B of the Income Tax Act, 1961 (for short “the Act”). Page 2 of 33 ITA Nos.1231, 1232, 1285 1268, 1269 & 1328/Hyd/2018 3. Challenging the action

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX 2(3), HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked the combined book results at segmental level pertaining to both these units only. We therefore direct the learned TPO to go by the assessee’s consolidated book results as per the combined audit report and proceed afresh for the purpose of necessary

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked the combined book results at segmental level pertaining to both these units only. We therefore direct the learned TPO to go by the assessee’s consolidated book results as per the combined audit report and proceed afresh for the purpose of necessary

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX , HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked the combined book results at segmental level pertaining to both these units only. We therefore direct the learned TPO to go by the assessee’s consolidated book results as per the combined audit report and proceed afresh for the purpose of necessary

VIVIMED LABS LIMITED,HYDERABAD vs. 500082 ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked the combined book results at segmental level pertaining to both these units only. We therefore direct the learned TPO to go by the assessee’s consolidated book results as per the combined audit report and proceed afresh for the purpose of necessary

TEK SYSTEMS GLOBAL SERVICES PRIVATE LIMITED,HYDERBAD vs. DCIT, CIRCLE-2(1), HYDERBAD

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

Bench: Shri Laliet Kumar & Shri Manjunatha G.आ.अपी.सं /Ita No.487/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2018-19) Tek Systems Global Vs. Dy. C. I. T. Services (P) Ltd, Circle 2(1) Hyderabad Hyderabad Pan:Aabcf1518Q (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Ms. K. Amulya, Ca रधजस् व द्वधरध/Revenue By:: Shri Jeevan Lal Lavidiya, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 29/05/2024 घोर्णध की तधरीख/Pronouncement: 05/07/2024 आदेश/Order

disallowing the depreciation on Goodwill claimed by the Appellant which arose pursuant to the BTA. 11. On the facts and in circumstances of the case and in law, the Ld. AO ignored the fact that depreciation on goodwill forms part of the operating cost while computing the operating profit of the Appellant which has been billed and recovered from

ADP PRIVATE LIMITED,HYDERABAD, TELANGANA vs. DCIT., CIRCLE 1(1), HYDERABAD, TELANGANA

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

disallowance of business support service expense of INR 75,91,57,538 for non-deduction of Tax Deducted at Source ('TDS') under section 40(a)(i) of the Act. 2.2 Additionally, on the facts and circumstances of the case, and contrary to the law, the Ld. AO erred. and the Hon'ble DRP further erred in: 3 ADP Private Limited

SATYAM VENTURE ENGINEERING SERVICES PRIVATE LIMITED ,SECUNDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX ,CENTRAL CIRCLE -3(2), HYDERABAD

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

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita-Tp No. 192/Hyd/2021 (धििाारण वर्ा / Assessment Year: 2016-17) Satyam Venture Assistant Commissioner Engineering Services Vs. Of Income Tax, Private Limited, Central Circle-3(2), Secunderabad Hyderabad [Pan No. Aafcs3287D] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

Section 92B of the Act by way of Finance Act, 2012 with retrospective effect from 01/04/2002, it is not open for the assessee to agitate the question as to whether or not the interest on outstanding receivables is an international transaction requiring separate benchmarking. Hence, the only issue now remains to be considered is in respect of the rate