NATEMS SOLAR POWER PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD 16(1), HYDERABAD

Bench: Us:

section 92CB of the Act and Rule 10TD, providing for Safe Harbour Rules. Safe Harbour Rules provide for certain circumstances, where the transfer price declared by an eligible assessee in respect of the specified international transactions, shall be accepted to be at arm’s length by the tax authorities. The said rules recognizes above position that loans denominated in different

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.

Section 92CA. Not only that he further analysed the cobranding of ZCL and 'Italcementi' Group and came to the conclusion that Italcementi Group got benefit by piggy riding on ZCL brand, which has tremendous value in the market and therefore, the same requires to be compensated at arm's length. He took the 10% of ALP expenses between

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.

Section 92CA. Not only that he further analysed the cobranding of ZCL and 'Italcementi' Group and came to the conclusion that Italcementi Group got benefit by piggy riding on ZCL brand, which has tremendous value in the market and therefore, the same requires to be compensated at arm's length. He took the 10% of ALP expenses between

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.

Section 92CA. Not only that he further analysed the cobranding of ZCL and 'Italcementi' Group and came to the conclusion that Italcementi Group got benefit by piggy riding on ZCL brand, which has tremendous value in the market and therefore, the same requires to be compensated at arm's length. He took the 10% of ALP expenses between

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.

Section 92CA. Not only that he further analysed the cobranding of ZCL and 'Italcementi' Group and came to the conclusion that Italcementi Group got benefit by piggy riding on ZCL brand, which has tremendous value in the market and therefore, the same requires to be compensated at arm's length. He took the 10% of ALP expenses between

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.

Section 92CA. Not only that he further analysed the cobranding of ZCL and 'Italcementi' Group and came to the conclusion that Italcementi Group got benefit by piggy riding on ZCL brand, which has tremendous value in the market and therefore, the same requires to be compensated at arm's length. He took the 10% of ALP expenses between

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

43) and section 4 of Income Tax Act at length and finally held that education cess is a tax for the purpose of section 40(a)(ii) and hence was not allowable as a deduction from computing the profits or gains of any business or profession, against this finding of DRP no appeal had been preferred by the assessee before

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

Bench: Us:

6. The Transfer Pricing Officer (for short “TPO”), vide his order passed under Section 92CA(3) of the Act, dated 31.07.2021 determined the ALP of the gain obtained on account of excess charging of overhead expenses by the Chilling Units of the assessee company by following “Other Method” at Rs. Nil. Accordingly, the TPO suggested an adjustment u/s 92CA

VITP PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE8(1), HYDERABAD

In the result, the appeal of the assessee in ITA

Bench: Shri Ravish Sood (Judicial Member), Shri Madhusudan Sawdia (Accountant Member)

transfer pricing adjustment. 4. Thereafter, the Ld. PCIT invoked provisions of section 263 of the Act and issued notice to the assessee on 08.03.2024. The Ld. PCIT recorded that the Ld. AO during scrutiny assessment failed to examine two specific issues, which is covered under Explanation 2(a) to section 263 of the Act, thereby rendering the order erroneous

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

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

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

transfer pricing adjustment u/sec.92CA of the Act in respect of Marketing Support Services of the assessee company’s international transactions at Rs.1,76,042/-. Further, the TPO has also proposed adjustment on ‘Receivables’ amounting to Rs.3,76,746/-. Thus, the TPO had proposed TP adjustment on International Transactions at Rs.5,52,788/- for the impugned assessment year 2016-2017 vide

SIGNODE INDIA LIMITED,HYDERABAD vs. ACIT, CIRCLE-3(1), HYDERABAD

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

transfer pricing adjustment u/sec.92CA of the Act in respect of Marketing Support Services of the assessee company’s international transactions at Rs.1,76,042/-. Further, the TPO has also proposed adjustment on ‘Receivables’ amounting to Rs.3,76,746/-. Thus, the TPO had proposed TP adjustment on International Transactions at Rs.5,52,788/- for the impugned assessment year 2016-2017 vide

HIMASAGAR KRISHNA MUTHAPPAGARI,TIRUPATI vs. ITO., WARD-2(3), TIRUPATI

Bench: Us.

43,030/-. Thereafter, the original assessment was framed by the Assessing Officer vide his order passed under Section 143(3) of the Act, dated 24-12-2018, determining the income of the assessee at Rs.26,23,490/-. 6. As discernible from the record, the AO, based on the fact that the Long-Term Capital Gains (for short “LTCG”) was computed

NTT DATA BUSINESS SOLUTIOS PRIVATE LIMITED ,HYDERABAD vs. DCIT, CIRCLE-5(1), HYDERABAD

In the result, appeal of the Assessee is allowed

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.489/Hyd/2022 Assessment Year 2018-2019 Ntt Data Business The Dcit, Solutions Private Limited, Hyderabad. Circle-5(1), Vs. Pin -500081. Hyderabad. Pan Aadci1557Q (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca Aliasgar Rampurawala राज" व "ारा /Revenue By: Ms U Mini Chandran, Cit-Dr

section 1448 of the Income Tax Act, 1961 (the Act') and hence liable to be quashed. Transfer Pricing Grounds 2. On the facts and in the circumstances of the case and in law, the Hon'ble Dispute Resolution Panel (Hon'ble DRP') erred in upholding the action of the Learned Assessing Officer (Ld. AO') /Learned Transfer Pricing Officer

LIMAGRAIN INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE -5(1), HYDERABAD

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

Bench: Shri Manjunatha G. (Accountant Member), Shri K. Narasimha Chary (Judicial Member)

6. Aggrieved by the final assessment order passed by the Assessing Officer, the assessee filed appeal before the Tribunal. 7. The first issue that came up for consideration from ground No.2 to 4 of assessee’s appeal is transfer pricing adjustment relating to seed testing charges paid by the AEs to the appellant. 7 During the financial year, relevant

COMMVAULT SYSTEMS INDIA PVT. LTD., HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-1(2), HYDERABAD, HYDERABAD

Appeal is treated as allowed for statistical purposes

Bench: Smt. P. Madhavi Devi & Shri D.S. Sunder Singhassessment Year: 2012-13 M/S Commvault Systems Dcit, Circle 1(2) (India) Private Limited Vs. Hyderabad 5Th Floor, Plot No.39, Phase Ii Block A, Ananth Info Park Hitech City, Madhapur Hyderabad Pan: Aaccc3708L (Appellant) (Respondent) Sh. Ajeet Tolani Asessee By: Revenue By: Smt. Anjala Sahu, D.R. Date Of Hearing: 01/09/2020 Date Of Pronouncement: 04/09/2020 Order Per Smt. P. Madhavi Devi, J.M. This Is An Appeal Filed By The Assessee For The A.Y. 2012-13 Against The Final Assessment Order Dated 26.12.2016 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T. Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Company, Engaged In The Business Of Software Development Services & Unified Data Storage Solutions, E-Filed Its Original Return Of Income For The A.Y. 2012-13 On 11.10.2012 Admitting Total Income Of

43,86,576/- under normal provisions after setting off of the brought forward losses of Rs.1,26,86,715/- and Rs.3,46,41,182/- under the provisions of Sec.115 JB of the I.T.Act, 1961. During the assessment proceedings u/s 143(3) of the |Act, the AO observed that the assessee has entered into international transactions with its associate enterprises during

ZETA INTERACTIVE SYSTEMS (INDIA) PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-17(4), HYDERABAD

Appeal of the assessee is partly allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12

price. However, with respect to software development services, the learned TPO after carrying fresh search, arrived at an arithmetic mean of 20.82% (OP/OC) by considering 18 companies and after making working capital adjustment of -0.47%, adjusted arm’s length margin at 20.35% and made an adjustment of Rs.62,56,174/- under software development services. The TPO selected the following comparables

FACEBOOK INDIA SERVICES PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2014-15 Facebook India Online Services Vs. The Deputy Commissioner Private Limited, Of Income Tax, 12Th Floor, Building No.20, Circle – 17(1), Unit 1203 & 1204, Hitech City, Hyderabad. Madhapaur, Hyderabad. Pan : Aabcf5150G. (Appellant) (Respondent) Assessee By: Shri Dhanesh Bafna & Chandni Shah Revenue By: Shri Rajendra Kumar – Cit-Dr Date Of Hearing: 20.07.2022 Date Of Pronouncement: 19.09.2022

Section 271(1)(C) of the Act. It is prayed that the Ld. AO be directed to drop the penalty proceedings initiated u/s 271(1)(C) of the Act.” 2. The brief facts of the case are that assessee company is engaged in the business of Service Sector, IT Enabled Services and BPO Providers, back office support services