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 (ground nos. 9 to 13), first ground is with respect to disallowance of provision for site restoration fund. With regard to ground no.9, ld.AR has drawn our attention to Para 2.8 at Page 30 of the DRP order whereby the DRP has provided as under : Zuari Cement Limited, Kadapa “2.8.1 Having considered the submissions, we note that

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 (ground nos. 9 to 13), first ground is with respect to disallowance of provision for site restoration fund. With regard to ground no.9, ld.AR has drawn our attention to Para 2.8 at Page 30 of the DRP order whereby the DRP has provided as under : Zuari Cement Limited, Kadapa “2.8.1 Having considered the submissions, we note that

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 (ground nos. 9 to 13), first ground is with respect to disallowance of provision for site restoration fund. With regard to ground no.9, ld.AR has drawn our attention to Para 2.8 at Page 30 of the DRP order whereby the DRP has provided as under : Zuari Cement Limited, Kadapa “2.8.1 Having considered the submissions, we note that

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 (ground nos. 9 to 13), first ground is with respect to disallowance of provision for site restoration fund. With regard to ground no.9, ld.AR has drawn our attention to Para 2.8 at Page 30 of the DRP order whereby the DRP has provided as under : Zuari Cement Limited, Kadapa “2.8.1 Having considered the submissions, we note that

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 (ground nos. 9 to 13), first ground is with respect to disallowance of provision for site restoration fund. With regard to ground no.9, ld.AR has drawn our attention to Para 2.8 at Page 30 of the DRP order whereby the DRP has provided as under : Zuari Cement Limited, Kadapa “2.8.1 Having considered the submissions, we note that

COMM VAULT SYSTEMS (INDIA) PVT.LTD., HYD,HYDERABAD vs. DCIT, CIRCLE-1(2), HYD, HYDERABAD

In the result, assessee’s appeal is partly allowed

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiahm/S. Comm Vault Systems Vs Dy. Commissioner Of Income (India) Private Limited Tax, Circle 1(2) Hyderabad Hyderabad Pan: Aaccc 3708 L (Appellant) (Respondent)

9) Levy of interest under section 234D of the Act Imposing interest under section 234 D of the Act on the transfer pricing

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:

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

SHAKTI HORMANN PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD

Bench: Shri Manjunatha G.\Nand\Nshri Ravish Sood\Nआ.अपी.सं /Ita No.917/Hyd/2024\N(निर्धारण वर्ष/Assessment Year:2020-21)\Nshakti Hormann Private\Nlimited,\Nhyderabad.\Nvs. Dcit,\Ncircle-3(1),\Nhyderabad.\Npan: Aadcs4024Q\N(Appellant)\N(Respondent)\Nनिर्धारिती द्वारा / Assessee By: Shri P. Murali Mohan Rao,\Nca\Nराजस्व द्वारा / Revenue By: Ms. U. Mini Chandran,\Ncit-Dr\Nसुनवाई की तारीख /Date Of Hearing: 15/10/2025\Nघोषणा की तारीख / Date Of 19/12/2025\Npronouncement:\Nआदेश / Order\Nper. Ravish Sood, J.M:\Nthe Present Appeal Filed By The Assessee Company Is Directed\Nagainst The Final Assessment Order Passed By The Assessing Officer (For\Nshort, “A.O.”) Under Section 143(3) R.W.S 144C(13) R.W.S 144B Of The\Nincome Tax Act, 1961 (For Short, “The Act”) Dated 25/07/2024 For The\N Assessment Year (Ay) 2020-21. The Assessee Company Has Assailed\Nthe Impugned Order Passed By The Cit(A) On The Following Grounds Of\Nappeal Before Us:\N1. On The Facts & In The Circumstances Of The Case, The Final Assessment\Norder Passed U/S 143(3) R.W.S.144C(13) Of The Act Dated 25.07.2024 By\Nthe Ao & Also The Order Passed U/S 92Ca (3) Dt 30.07.2023 By The Tpo\Nare Bad In The Eyes Of Law & Thus, Unsustainable To The Test Of Appeal.\N2.0 The Final Assessment Order Passed U/S 143(3) R.W.S.144C(13) R.W.S.144B\Nis Beyond The Time Limit Prescribed U/S 153 Of The Act.\N2.

Section 144C (12) of the Income Tax Act,\n(c) Irrespective of whether the DRP concludes the proceedings and\nissues directions or not, within 9 months, the Assessing officer is to pass\norders within the stipulated time,\n(d) In matter involving transfer pricing

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

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

COMMVAULT SYSTEMS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD

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

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am M/S.Commvault Systems Vs. Deputy Commissioner Of (India) Pvt. Ltd., Income Tax, 5Th Floor, Plot No.39, Circle-1(2), B-Block, 7Th Floor, I.T. Towers Phase-Ii, Block-A Ananth Info Park A.C.Guards, Masab Tank Hitech City, Madhapur, Hyderabad – 500 004 Hyderabad Pan/Gir No.Aaccc3708L (Appellant) .. (Respondent)

9 M/s.Commvault Systems (India) Pvt. Ltd., of the aforesaid three comparables. However, he reserved his right to argue the other comparables, if found necessary. 4. Per contra, the ld. DR vehemently objected to the fact that all the comparables raised in the grounds should have been argued by the ld. AR either for its inclusion or exclusion. However

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

transfer of substantial funds while retaining control over the funds, the provision\nof section 40A(9) of the Income Tax Act, 1961 are applicable, the addition may be\ndeleted.\n3. Your Appellant submits that it is an undisputed fact from the account of the society that\nthe funds paid are to mitigate the deficit of funds in running the Scholls

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

In the result, assessee's appeals for the A

transfer of substantial funds while retaining control over the funds, the provision\nof Section 40A(9) of the Income Tax Act, 1961 are applicable, the addition may be\ndeleted.\n3. Your Appellant submits that it is an undisputed fact from the account of the society that\nthe funds paid are to mitigate the deficit of funds in running the Scholls

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

Appeal is partly allowed for statistical purposes

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahuassessment Year: 2008-09

section 234B of the Act on the transfer pricing adjustments; 7. Initiating the penalty proceedings u/s 271 (1 (C) of the Act. Page 2 of 11 ITA No 581 of 2020 Palred Technologies Ltd Hyderabad The Appellant craves, to consider each of the above grounds of appeal without prejudice to each other and craves leave to add, alter, delete

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 :

transfer, therefore section 56(2)(viia) cannot be invoked, as this is not a case of receipt of shares in isolation but the merger of all property irrespective of shares and also 56(2)(viia) is not applicable for such amalgamation, therefore the invocation of the said section in the case of appellant is incorrect and therefore, the ground

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

Bench: Us.

9 Himsagar Krishna Vs. Pr. CIT, Tirupati by the AO while framing the reassessment vide his order passed u/s 147 r.w.s. 144B of the Act, dated 22-03-2022. 13. Before proceeding any further, we deem it fit to cull out the provisions of Section 263 of the Act, which reads as under: “263. Revision of orders prejudicial to revenue

UBER INDIA SYSTEMS PRIVATE LIMITED (AS SUCCESSOR TO UBER INDIA RESEARCH AND DEVELOPMENT PRIVATE LIMITED),HYDERABAD vs. DCIT., CIRCLE-8(1), HYDERABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

transfer pricing study maintained as per Section 92D of the Act read with read with Rule 10D of the Income Tax Rules, 1962 ('the Rules'). Erroneous and unwarranted fresh search 6. On the facts and in circumstances of the case and in law, the learned TPO erred, and Hon'ble DRP further erred in upholding / confirming the action