AUROBINDO PHARMA LIMITED,HYDERABAD vs. ACIT, CENTRAL CIRCLE-1(2), HYDERABAD

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

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.172/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2019-20) Aurobindo Pharma Ltd Vs. Acit Hyderabad Central Circle 1(2) Pan:Aabca7366H Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri B.G. Reddy, Advocate राज" व "ारा/Revenue By:: Smt. M Narmada, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 06/01/2025 घोषणा की तारीख/Pronouncement: 19/02/2025 आदेश/Order

transfer pricing grounds. 13. We have heard the learned AR as well as the learned DR and considered the relevant material available on record. The Assessing Officer has restricted the claim of weighted deduction u/s 35(2AB) only to the extent of the expenditure incurred for in house R&D facility and denied the claim in respect of the expenditure

SSNC FINTECH SERVICES INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE 8(1), HYDERABAD

Transfer Pricing Officer [in short “TPO"] to\ndetermine the ALP of the international transactions of the\nassessee with it's AEs. During the course of TP proceedings,\nthe TPO after considering the relevant TP analysis\ndocuments submitted by the appellant-company, has\nrejected the TP documentation and has conducted a fresh\nTP study by applying certain filters

OSI SYSTEMS PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, appeal of the assessee is allowed in part

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं / Ita No.2379/Hyd/2018 (धििाारण वर्ा / Assessment Year: 2014-15)

section 92B of the Act by Finance Act, 2012 it is a determinable that if there is any delay in the realization of credit arising from the sale of goods or services rendered in the course of carrying on the business, it is liable to be vested with the transfer pricing adjustment on account of interest income short charged/uncharged. Basing

ACIT, CENTRAL CIRCLE-1(2), HYDERABAD vs. AUROBINDO PHARMA LIMITED, HYDERABAD

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is allowed in part

Bench: Shri Manjunatha, G. & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 352/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2017-18)

Transfer Pricing adjustment on account of interest income short charged/uncharged. Learned CIT(A) further directed the learned TPO to apply the SBI short term deposit rates for the period beyond the period mentioned in the invoices. 15. Learned AR argued at length stating that this particulars transaction is not covered in the definition of international transaction as defined under section

AUROBINDO PHARMA LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2),, HYDERABAD

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is allowed in part

Bench: Shri Manjunatha, G. & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 352/Hyd/2023 (निर्धारण वर्ा / Assessment Year: 2017-18)

Transfer Pricing adjustment on account of interest income short charged/uncharged. Learned CIT(A) further directed the learned TPO to apply the SBI short term deposit rates for the period beyond the period mentioned in the invoices. 15. Learned AR argued at length stating that this particulars transaction is not covered in the definition of international transaction as defined under section

AUROBINDO PHARMA LIMITED,HYDERABAD KNOWLEDGE CITY vs. ACIT., CENTRAL CIRCLE-1(2), , HYDERABAD

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is allowed in part

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 320/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Acit, Central Circle 1(2) Vs. Aurobindo Pharma Ltd Hyderabad Hyderabad [Pan : Aabca7366H] आ.अपी.सं / Ita No. 351/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Aurobindo Pharma Ltd Vs. Acit, Central Circle 1(2) Hyderabad Hyderabad Pan: Aabca7366H अपीलाथ" / Appellant "" यथ" / Respondent राज" व "ारा/Revenue By: Shri M Vijay Kumar, Cit(Dr) िनधा"रती "ारा/Assessee By: Advocate Bg Reddy

section 35(2AB) of the Income Tax Act, 1961 (‘the Act’). We shall now proceed to answer these three issues in the light of the submissions made on either side and available material on record. 4. Coming to the issue relating to the corporate guarantee, contention of assessee before the learned TPO was that the corporate guarantees not an international

ACIT, CENTRAL CIRCLE-1(2), HYDERABAD vs. AUROBINDO PHARMA LIMITED, HYDERABAD

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is allowed in part

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No. 320/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Acit, Central Circle 1(2) Vs. Aurobindo Pharma Ltd Hyderabad Hyderabad [Pan : Aabca7366H] आ.अपी.सं / Ita No. 351/Hyd/2023 (िनधा"रण वष" / Assessment Year: 2016-17) Aurobindo Pharma Ltd Vs. Acit, Central Circle 1(2) Hyderabad Hyderabad Pan: Aabca7366H अपीलाथ" / Appellant "" यथ" / Respondent राज" व "ारा/Revenue By: Shri M Vijay Kumar, Cit(Dr) िनधा"रती "ारा/Assessee By: Advocate Bg Reddy

section 35(2AB) of the Income Tax Act, 1961 (‘the Act’). We shall now proceed to answer these three issues in the light of the submissions made on either side and available material on record. 4. Coming to the issue relating to the corporate guarantee, contention of assessee before the learned TPO was that the corporate guarantees not an international

AUROBINDO PHARMA LIMITED (AURONEXT PHARMA PRIVATE LIMITED SINCE AMALGAMATED WITH AUROBINDO PHARMA LIMITED),HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

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

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

Transfer Pricing Officer concluding that the figure of receivables beyond 180 days constitutes an international transaction by itself. With the assessee having already factored in the impact of the receivables on the working capital and thereby on its pricing/profitability vis-a-vis that of its comparables, any further adjustment only on the basis of the outstanding receivables would have distorted

ACIT., CENTRAL CIRCLE 1(2), HYDERABAD vs. AUROBINDO PHARMA LIMITED, HYDERABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.710/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2021-22) Asst. Commissioner Of Income Tax, M/S. Aurobindo Pharma Ltd., Vs. Central Circle 1(2), Hyderabad. Hyderabad. Pan: Aabca7366H (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B.G. Reddy, Advocate रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad (“Ld. Cit(A)”), Dated 24.02.2025 For The A.Y. 2021-22. 2. The Revenue Has Raised The Following Grounds Of Appeal :

transfer pricing adjustments suggested by the Ld. TPO. 4. Aggrieved by the additions made by Ld. AO in the final assessment order, the assessee filed an appeal before the Ld. CIT(A). On the issue of corporate guarantee fee, the Ld. CIT(A), relying on the decision of this Tribunal in assessee’s own case

RAIN CEMENTS LIMITED, HYD,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD, HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2008-09 M/S. Rain Cements Ltd Vs. Dy. Commissioner Of (Formerly Known As Rain Income Tax, Circle 3 (1) Cii Carbon (India) Ltd Hyderabad Hyderabad Pan:Aabcr8858F (Appellant) (Respondent) Assessee By: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue By: Dr.Rajendra Kumar, Cit-Dr Date Of Hearing: 20/03/2023 Date Of Pronouncement: 31/05/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 24.03.2017 Passed U/S 143(3) R.W.S. 144C(5) R.W.S. 260 Of The I.T. Act For The A.Y 2008-09. 2. This Appeal Was Earlier Decided By The Tribunal Vide Order Dated 18.10.2019. Subsequently Vide Ma No.15/Hyd/2020, Dated 23.3.2021, The Tribunal Recalled The Entire Order For Fresh Adjudication. Therefore, This Is A Recalled Matter.

transferred to DRP Bengaluru. The DRP Bengaluru passed its order on 22.6.2015 rejecting such objection given that the period of 9 months had expired on 31.12.2014 and they do not have any jurisdiction to issue directions. Immediately after the said DRP direction, the Assessing Officer passed the final assessment order on 28.8.2015. The assessee approached the Hon'ble High Court

MICROCHIP TECHNOLOGY (INDIA) PRIVATE LIMITED,BENGALURU vs. DCIT CIRCLE -5(1),, HYDERABAD

In the result, appeal of the assessee is allowed in part

Bench: Shri Manjunatha G. & Shri K.Narasimha Chary

section 92B of the Act by Finance Act, 2012 it is a determinable that if there is any delay in the realization of credit arising from the sale of goods or services rendered in the course of carrying on the business, it is liable to be visited with the transfer pricing adjustment on account of interest income short charged/uncharged. Basing

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

Transfer Pricing Officer (TPO) in respect of specified domestic transactions reported by the assessee company. The TPO, after examining the submissions and documentation furnished by the assessee company, passed an order under section 92CA(3) of the Act, determining the arm's length price (ALP) of the specified domestic transactions and did not propose any adjustment. 4. Thereafter

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

Transfer Pricing Officer\n(TPO) in respect of specified domestic transactions reported by the\nassessee company. The TPO, after examining the submissions and\ndocumentation furnished by the assessee company, passed an order\nunder section 92CA(3) of the Act, determining the arm's length price\n(ALP) of the specified domestic transactions and did not propose any\nadjustment.\n4.\nThereafter

ALPA INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT CIRCLE -1(1), HYDERABAD

In the result, the appeal of the assessee company is partly allowed for statistical purposes in terms of our aforesaid observations

Bench: Us:

Transfer Pricing (TP) Adjustment towards License Fee paid by the assessee company to is Associated Enterprise (in short “AE”) of Rs. 11.26 crores was suggested. 4. Further, the A.O. observed that the assessee company had during the subject year carried out its manufacturing activities in five different units located at Sitarganj, Baddi-1, Baddi-2, Pashamylaram and Silvassa

DCIT, CIRLCE-1(1),, HYDERABAD vs. EPAM SYSTEMS INDIA PRIVATE LIMITED (PREVIOUSLY KNOWN AS ALLIANCE GLOBAL SERVICES IT INDIA PVT LTD), HYDERABAD

In the result, appeals of the Revenue and assessee and the cross objections of the assessee are allowed in part

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyनिर्धारण आ.अपी.सं अपीलार्थीर्थी प्रत्‍यर्थी वर्ष / A.Y. / Appellant / Respondent / Ita No. M/S. Epam Systems Deputy Commissioner India Private Limited, Of Income Tax, (Formerly Known As Circle- 1(1), 2011-12 Hyderabad Alliance Global 189/Hyd/2016 Services It India Private Limited) Hyderabad [Pan No. Aaacw2012R] M/S. Epam Systems Deputy India Private Limited, (Formerly Known As Commissioner Of 2011-12 Alliance Global Services 317/Hyd/2016 Income Tax, It India Private Limited) Circle- 1(1), Hyderabad Hyderabad [Pan No. Aaacw2012R]

section 143(3) r.w.s. 92CA of the Income Tax Act, 1961 (for short “the Act”), both Assessee and Revenue filed these appeals. Assessee also filed cross objections 2. Briefly stated relevant facts are that the assessee is a company that develops computer software to provide Software Development Services (SWD) to Alliance Global Services, LLC, USA. Such services include consultancy services

EPAM SYSTEMS INDIA PRIVATE LIMITED (PREVIOUSLY KNOWN AS ALLIANCE GLOBAL SERVICES IT INDIA PVT LTD),HYDERABAD vs. DCIT, CIRCLE-1(1), HYDERABAD

In the result, appeals of the Revenue and assessee and the cross objections of the assessee are allowed in part

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Charyनिर्धारण आ.अपी.सं अपीलार्थीर्थी प्रत्‍यर्थी वर्ष / A.Y. / Appellant / Respondent / Ita No. M/S. Epam Systems Deputy Commissioner India Private Limited, Of Income Tax, (Formerly Known As Circle- 1(1), 2011-12 Hyderabad Alliance Global 189/Hyd/2016 Services It India Private Limited) Hyderabad [Pan No. Aaacw2012R] M/S. Epam Systems Deputy India Private Limited, (Formerly Known As Commissioner Of 2011-12 Alliance Global Services 317/Hyd/2016 Income Tax, It India Private Limited) Circle- 1(1), Hyderabad Hyderabad [Pan No. Aaacw2012R]

section 143(3) r.w.s. 92CA of the Income Tax Act, 1961 (for short “the Act”), both Assessee and Revenue filed these appeals. Assessee also filed cross objections 2. Briefly stated relevant facts are that the assessee is a company that develops computer software to provide Software Development Services (SWD) to Alliance Global Services, LLC, USA. Such services include consultancy services

DCIT, CIRCLE-13(1), HYDERABAD vs. THE SINGARENI COLLIERIES COMPANY LIMITED, KOTHAGUDEM

price\nfor which it is sold, so, however, that where the actual cost of\na motor car is, in accordance with the proviso to clause (1) of\nsection 43, taken to be twenty-five thousand rupees, the\nmoneys payable in respect of such motor car shall be taken\nto be a sum which bears to the amount for which

SINGARENI COLLIERIES COMPANY LIMITED,KOTHAGUDEM vs. DCIT., CIRCLE-13(1), HYDERABAD

In the result, assessee's appeals for the A

price\nfor which it is sold, so, however, that where the actual cost of\na motor car is, in accordance with the proviso to clause (1) of\nsection 43, taken to be twenty-five thousand rupees, the\nmoneys payable in respect of such motor car shall be taken\nto be a sum which bears to the amount for which