ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TRANSFER PRICING ISSUES. Firstly, we will deal with ground Nos. 5(a) and 5(b): With respect to grounds 5(a) and 5(b) for A.Y. 2011-12, the ld. AR had drawn our attention to the draft assessment order dt.31.03.2015 wherein at Page 3, the Assessing Officer has mentioned as under : Zuari Cement Limited, Kadapa “The assessee debited

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TRANSFER PRICING ISSUES. Firstly, we will deal with ground Nos. 5(a) and 5(b): With respect to grounds 5(a) and 5(b) for A.Y. 2011-12, the ld. AR had drawn our attention to the draft assessment order dt.31.03.2015 wherein at Page 3, the Assessing Officer has mentioned as under : Zuari Cement Limited, Kadapa “The assessee debited

ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TRANSFER PRICING ISSUES. Firstly, we will deal with ground Nos. 5(a) and 5(b): With respect to grounds 5(a) and 5(b) for A.Y. 2011-12, the ld. AR had drawn our attention to the draft assessment order dt.31.03.2015 wherein at Page 3, the Assessing Officer has mentioned as under : Zuari Cement Limited, Kadapa “The assessee debited

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TRANSFER PRICING ISSUES. Firstly, we will deal with ground Nos. 5(a) and 5(b): With respect to grounds 5(a) and 5(b) for A.Y. 2011-12, the ld. AR had drawn our attention to the draft assessment order dt.31.03.2015 wherein at Page 3, the Assessing Officer has mentioned as under : Zuari Cement Limited, Kadapa “The assessee debited

ZUARI CEMENT LIMITED ,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TRANSFER PRICING ISSUES. Firstly, we will deal with ground Nos. 5(a) and 5(b): With respect to grounds 5(a) and 5(b) for A.Y. 2011-12, the ld. AR had drawn our attention to the draft assessment order dt.31.03.2015 wherein at Page 3, the Assessing Officer has mentioned as under : Zuari Cement Limited, Kadapa “The assessee debited

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

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" /

transfer pricing adjustment on account profit share of marketing and distribution with DRL Inc to the tune of Rs. 6,12,204/-. Dr. Reddy’s group was engaged in the development of product, namely, Sumatripton which ran into an infringement suit with Glaxo Group Ltd. (GSK) and in this connection, Dr. Reddy’s group represented by Dr. Reddy’s Laboratories

BHARATHI CEMENT CORPORATION PRIVATE LIMITED,,HYDERABAD vs. DCIT CIRCLE-2(1), HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Bharathi Cement Corporation Vs. Deputy Commissioner Of Private Limited, Income Tax, Hyderabad. Circle – 2(1), Hyderabad. Pan : Aadcr3079G. (Appellant) (Respondent) Assessee By: Shri S. Kalyanasundaram, Ca Revenue By: Shri Jeevan Lal Lavidiya, Cit-Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 17.02.2023

transfer pricing provisions, in our view the assessee has correctly identified the manufacturing unit as the tested party and CUP as the MAM and the purchase price of electricity in the open market from the State Electricity Board to the manufacturing units in uncontrolled conditions as the ALP. 23. Gainful reference in this regard may also be made

DODLA DAIRY LIMITED,HYDERABAD vs. DCIT CIRCLE -8(1), HYDERABAD

Bench: Us:

Pricing Officer ('Ld. TPO')/Ld. AO in proposing an adjustment of INR 19,43,26,338 to the specified domestic transactions ('SDTs') pertaining to inter-unit transfer of milk. 3. On the facts and circumstances of the case, and in law, the Ld. AO / Ld. TPO / Ld. Panel erred in rejecting the economic analysis carried out in TP documentation which

OAKTON GLOBAL TECHNOLOGY SERVICES CENTRE (I) PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, the appeal of the assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Transfer Pricing Officer (“TPO”). The Ld. TPO vide his order dated 31.10.2016 suggested upward adjustment of ITA Nos.32/Hyd/2019 & 5 2130/Hyd/2017 Rs.1,19,93,961/- on account of provision of SDS and Rs.30,82,056/- on account of interest on receivables. Accordingly, the Ld. AO passed the draft assessment order on 26.12.2016. 4. Aggrieved with the draft assessment order passed

OAKTON GLOBAL TECHNOLOGY SERVICES CENTRE (INDIA) PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

In the result, the appeal of the assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Transfer Pricing Officer (“TPO”). The Ld. TPO vide his order dated 31.10.2016 suggested upward adjustment of ITA Nos.32/Hyd/2019 & 5 2130/Hyd/2017 Rs.1,19,93,961/- on account of provision of SDS and Rs.30,82,056/- on account of interest on receivables. Accordingly, the Ld. AO passed the draft assessment order on 26.12.2016. 4. Aggrieved with the draft assessment order passed

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-10(1), HYDERABAD vs. VERTEX PROJECTS LLP (FORMERLY M/S VERTEX PROJECTS LTD) , HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 Acit,Circle-10(1) Vs. Vertex Projects Llp Room No.515, 5Th Floor, (Formerly M/S.Vertex A-Block, I.T.Towers, Projects Ltd.) A.C.Guards, #156-159, Paigah House Hyderabad. S.P.Road, Next To Pg College. Secunderabad-500 026. Pan : Aanfv0232C (Appellant) (Respondent) Assessee By: Shri Sriram Seshadri, Ca Revenue By: Shri Rajendra Kumar,Cit-Dr Date Of Hearing: 15.03.2023 Date Of Pronouncement: 28.04.2023 O R D E R Per Shri Laliet Kumar, J.M. This Is An Appeal Filed By The Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-5, Dated 16.03.2018 For The Ay 2014-15, On The Following Grounds :

price it would fetch if sold in the open market on the valuation date and the assessee may obtain a report from a merchant banker or an accountant in respect of such valuation." ii. However, while computing the fair market value of such preference shares for the purpose of section 56(2)(viia) of the Act, the Ld. AO erroneously

INTERWRAP CORP PRIVATE LIMITED (SUCCESSOR OF OWENS CORNING INDUSTRIES (INDIA) PRIVATE LIMITED),MUMBAI vs. DCIT., CIRCLE -5(1), HYDERABAD

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)

Section 143(3) r.w.s. 144C(1) of the Act on 21.09.2021, determining the total income at Rs. 69,97,35,729/-, by incorporating the above transfer pricing

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

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

pricing proceedings, in the T.P. documentation of assessee, the AO found that the assessee had stated that it had provided working capital advance of Rs.252.06 million to Vivimed Hong Kong and also of Rs.8.41 millions to Vivimed, US i.e. total amount outstanding was Rs.26,01,90,000/- and it was stated that the advance is for administrative convenience and there