DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. NAVA BHARAT VENTURES LIMITED, HYDERABAD

Appeal is partly allowed in above terms

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

Transfer Pricing Officer ‘TPO’ to ascertain Arm’s Length Price ‘ALP’ thereof. The assessee’s international transactions with its AEs involved sale of Silico Manganese and ferro chrome. The :- 3 -: assessee’s endeavour before the TPO was to include DPEB and FPS declared by the Government of India as an adjustment under rule 10B(1)(a)(ii). It quoted rule

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD vs. ALPHA AVENUES PRIVATE LIMITED, HYDERABAD

In the result, both the appeals filed by the Revenue are allowed for statistical purposes

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

section 56(2) (viib), with effect from 1-4-2013 onwards, which authorizes the assessing of the excess premium as income in the hands of the Investee company. However, there is no corresponding/ parallel provision, enabling disallowance of cost in the hands of the investor. Page 6 of 22 ITA Nos 1106 and 1107 of 2017 Alpha Villas

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD vs. ALPHA VILLAS PRIVATE LIMITED, HYDERABAD

In the result, both the appeals filed by the Revenue are allowed for statistical purposes

Bench: Shri R.K. Panda & Shri K. Narasimha Chary

section 56(2) (viib), with effect from 1-4-2013 onwards, which authorizes the assessing of the excess premium as income in the hands of the Investee company. However, there is no corresponding/ parallel provision, enabling disallowance of cost in the hands of the investor. Page 6 of 22 ITA Nos 1106 and 1107 of 2017 Alpha Villas

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(1), HYDERABAD vs. NAVA BHARAT VENTURES LIMITED , HYDERABAD

In the result, the questions referred to us are answered accordingly”

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

Transfer Pricing Officer’s (TPO’s) identical action making adjustment as under: “7. We have given our thoughtful consideration to rival pleadings qua the assessee’s case that its DPEB benefits derived from sale of Silico Manganese Ferro Chrome deserve to be considered as an adjustment under rule 10B(1)(a)(ii) of the Income Tax Rules. Learned counsel

DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD vs. HSBC ELECTRONIC DATA PROCESSING INDIA PRIVATE LIMITED, , HYDERABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

transferred to unclaimed liabilities account. The assessee, during the appellate proceedings furnished the details of these unclaimed liabilities as additional evidence and the same was sent to Assessing officer for factual report. However, till date no report is received. 7.1 On perusal of the details furnished it is seen that in case of many entries there is not even

T. SHESHAGIRI RAO, INCOME TAX OFFICER, WARD-16(3, HYDERABAD vs. MYTRAH WIND DEVELOPERS PRIVATE LIMITED, HYDERABAD

In the result, the appeal of Revenue is dismissed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2014-15 Income Tax Officer, Vs. M/S. Mytrah Wind Developers Private Limited, Ward – 16(3), Gachibowli, Hyderabad. Hyderabad. Pan : Aaicm1274H. (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, C.A. Revenue By: Shri Rajendra Kumar – Cit Dr 28.12.2022 Date Of Hearing: Date Of Pronouncement: 05.01.2023

PRICE 51:The Company shall pay the rent at the rate of Rs. 5,77,63,261 (Rupees Five Crores Seventy Seven Lakhs Sixty Three Thousand Two Hundred Sixty One Only) i.e. 13,12,801/- (Rupees Thirteen Lakhs Twelve 17 Thousand Eight Hundred and One Only) per location ("Consolidated Lease Rent"). The Lease Rent shall be inclusive of all applicable

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

In the result, we hold that the Tax Authorities were not justified in apportioning R & D expenditure and ESOP cost to the units which claimed exemption u/s 10B, 80IB and 80IC of the Act

Bench: Shri D. Manmohan & Shri S. Rifaur Rahman

Transfer Pricing adjustments were required to be made in the instant case. It was also noticed that the claim of expenditure on ESOPs is not proper since it is notional and capital in nature. Assessee was also called upon to furnish details of Research and Development (R & D) expenses in connection with the claim of weighted deduction. Accordingly, the assessee

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

In the result, we hold that the Tax Authorities were not justified in apportioning R & D expenditure and ESOP cost to the units which claimed exemption u/s 10B, 80IB and 80IC of the Act

Bench: Shri D. Manmohan & Shri S. Rifaur Rahman

Transfer Pricing adjustments were required to be made in the instant case. It was also noticed that the claim of expenditure on ESOPs is not proper since it is notional and capital in nature. Assessee was also called upon to furnish details of Research and Development (R & D) expenses in connection with the claim of weighted deduction. Accordingly, the assessee

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

In the result, we hold that the Tax Authorities were not justified in apportioning R & D expenditure and ESOP cost to the units which claimed exemption u/s 10B, 80IB and 80IC of the Act

Bench: Shri D. Manmohan & Shri S. Rifaur Rahman

Transfer Pricing adjustments were required to be made in the instant case. It was also noticed that the claim of expenditure on ESOPs is not proper since it is notional and capital in nature. Assessee was also called upon to furnish details of Research and Development (R & D) expenses in connection with the claim of weighted deduction. Accordingly, the assessee

MYLAN LABORATORIES LIMITED (FORMERLY KNOWN AS MATRIX LABORATORIES LIMITED), HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-16(2), HYDERABAD, HYDERABAD

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2008-09 Mylan Laboratories Vs. Acit,Range-16(2) Limited(Formerly Matrix It Towers, Masab Tank Laboratories Limited) Hyderabad-500 004 Plot No.564/A/22, Road No.92, Jubilee Hills Hyderabad-500 033

Transfer Pricing order and determined the total income at Rs. 337,90,03,852/- under normal provision and Rs. 140,86,17,801/- as book profit u/s. 115JB of the I.T.Act. Assessee objected to the draft assessment order before the ld. DRP, who vide order dated 27.09.2012 accepted certain objections and rejected certain objections. Subsequently, the AO passed the final

TNS INDIA PRIVATE LIMITED, HYD,HYDERABAD vs. ACIT, CIRCLE-2(2), HYDERABAD, HYDERABAD

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

Transfer Pricing Officer’s (TPO) action including M/s. Infosys BPO Limited as a comparable entity in the assessee's IT Enabled Services (ITES) segment in his section 92CA(3) order dt.8.1.2015. Learned CIT-DR’s vehement contention before us that just because the & C.O. No.35/Hyd/2016 foregoing entity M/s. Infosys BPO Limited is having high turn over does not ipso facto

CATERPILLAR GLOBAL MINING EUROPE GMBH,PEDDAPALLI vs. ASSISTANT OF INCOME TAX -1,INTERNATIONAL TAXATION ,HYDERABAD, HYDERABAD

Appeals are partly allowed

Bench: Shri S.S. Godara & Shri L. P. Sahu

Transfer Pricing Officer (TPO) decides the corresponding reference made by the Assessing Officer u/s. 92CA(3) of the Act to determine arm’s length price (ALP) in relation to the international transactions and sends a copy of his order to both the assessing authority as well as the tax payer concerned. It is at this stage that section 144C

CATERPILLAR GLOBAL MINING EUROPE GMBH,PEDDAPALLI vs. ASST. COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION)-1, HYDERABAD

Appeals are partly allowed

Bench: Shri S.S. Godara & Shri L. P. Sahu

Transfer Pricing Officer (TPO) decides the corresponding reference made by the Assessing Officer u/s. 92CA(3) of the Act to determine arm’s length price (ALP) in relation to the international transactions and sends a copy of his order to both the assessing authority as well as the tax payer concerned. It is at this stage that section 144C

CSATERRPILLAR GLOBAL MINING EUROPE GMBH,GODAVARIKHANI vs. DEPUTY COMMISSIONER OF INCOME TAX-I (INTERNATIONAL TAXATION), HYDERABAD

Appeals are partly allowed

Bench: Shri S.S. Godara & Shri L. P. Sahu

Transfer Pricing Officer (TPO) decides the corresponding reference made by the Assessing Officer u/s. 92CA(3) of the Act to determine arm’s length price (ALP) in relation to the international transactions and sends a copy of his order to both the assessing authority as well as the tax payer concerned. It is at this stage that section 144C

CATTERPILLAR MINING EUROPE GMBH-INDIA PROJECT OFFICE, KARIMNAGAR,KARIMNAGAR vs. DCIT-1, INTERNATIONAL TAXATION, HYDERABAD, HYDERABAD

Appeals are partly allowed

Bench: Shri S.S. Godara & Shri L. P. Sahu

Transfer Pricing Officer (TPO) decides the corresponding reference made by the Assessing Officer u/s. 92CA(3) of the Act to determine arm’s length price (ALP) in relation to the international transactions and sends a copy of his order to both the assessing authority as well as the tax payer concerned. It is at this stage that section 144C

CATERPILLAR GLOBAL MINING EUROPE GMBH-INDIA PROJECT OFFICE,KARIMNAGAR vs. DEPUTY DIRECTOR OF INCOME TAX (INTERNATION TAXATION-1), HYDERABAD

Appeals are partly allowed

Bench: Shri S.S. Godara & Shri L. P. Sahu

Transfer Pricing Officer (TPO) decides the corresponding reference made by the Assessing Officer u/s. 92CA(3) of the Act to determine arm’s length price (ALP) in relation to the international transactions and sends a copy of his order to both the assessing authority as well as the tax payer concerned. It is at this stage that section 144C

MYLAN LABORATORIES LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

transfer of the right to manufacture, produce or process any article or thing or right to carry on any business, which is chargeable under the head 'capital gains' (ii) Any sum received as compensation, from the multilateral fund of the Montreal Protocol all Substances that Deplete the Ozone layer under the United Nations Environment Programme, in accordance with the terms

DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD vs. MYLAN LABORATORIES LIMITED , HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

transfer of the right to manufacture, produce or process any article or thing or right to carry on any business, which is chargeable under the head 'capital gains' (ii) Any sum received as compensation, from the multilateral fund of the Montreal Protocol all Substances that Deplete the Ozone layer under the United Nations Environment Programme, in accordance with the terms