M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT RANGE 1(1), INDORE

Bench: Shri D.T. Garasia & Shri O.P. Meena

Transfer Pricing Adjustments 1. Ground No.1-Addition made while computing arm’s length price for provision of corporate guarantee by appellant on behalf of its Associated Enterprise (‘AE’) 1.1 On the Facts and in the circumstances of the case and in the Law, the learned CIT(A) erred in computing arm’s length price at Rs. 26,88,160/- for guarantee

THE DCIT1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P LTD., INDORE

Bench: Shri D.T. Garasia & Shri O.P. Meena

Transfer Pricing Adjustments 1. Ground No.1-Addition made while computing arm’s length price for provision of corporate guarantee by appellant on behalf of its Associated Enterprise (‘AE’) 1.1 On the Facts and in the circumstances of the case and in the Law, the learned CIT(A) erred in computing arm’s length price at Rs. 26,88,160/- for guarantee

THE DCIT-1(1), INDORE vs. M/S. AGRAWAL COAL CORPORATION P. LTD., INDORE

Bench: Shri D.T. Garasia & Shri O.P. Meena

Transfer Pricing Adjustments 1. Ground No.1-Addition made while computing arm’s length price for provision of corporate guarantee by appellant on behalf of its Associated Enterprise (‘AE’) 1.1 On the Facts and in the circumstances of the case and in the Law, the learned CIT(A) erred in computing arm’s length price at Rs. 26,88,160/- for guarantee

M/S. AGRAWAL COAL CORPORATION P. LTD.,INDORE vs. THE DCIT -CIRCLE 1(1), INDORE

Bench: Shri D.T. Garasia & Shri O.P. Meena

Transfer Pricing Adjustments 1. Ground No.1-Addition made while computing arm’s length price for provision of corporate guarantee by appellant on behalf of its Associated Enterprise (‘AE’) 1.1 On the Facts and in the circumstances of the case and in the Law, the learned CIT(A) erred in computing arm’s length price at Rs. 26,88,160/- for guarantee

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2007-08 Computer Sciences Acit, Corporation India Private Company Circle 1(3), Limited, Chennai [Formerly Covansys (India) Private Limited], बनाम/ Unit 13, Block 2, Sdf Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacc1351M Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, Ca Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 12.07.2023 Date Of Pronouncement

Block 2, SDF Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) PAN: AAACC1351M Assessee by Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, CA Revenue by Shri P.K. Mishra, CIT DR Date of Hearing 12.07.2023 Date of Pronouncement आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by assessment-order dated 15.09.2011 passed

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Block-1B, DLF IT Park, Indore. Shivaji Garden, Moonlight Stop, Nandanbakkam Post-Ramapuram, Chennai, Tamilnadu – 600 089. [PAN – AABCC 5820 A] S.A. No.46/Ind/2021 (Arising out of ITA No.179/Ind/2016) Assessment Year: 2011-2012 M/s. Computer Sciences Corporation vs. The Asstt. Commissioner of India Private Limited, Income Tax – 2(1), 19A, Electronic Complex, Indore. Aatmaram Choudhary Marg, Near Readymade Complex, Pardeshipura

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Block-1B, DLF IT Park, Indore. Shivaji Garden, Moonlight Stop, Nandanbakkam Post-Ramapuram, Chennai, Tamilnadu – 600 089. [PAN – AABCC 5820 A] S.A. No.46/Ind/2021 (Arising out of ITA No.179/Ind/2016) Assessment Year: 2011-2012 M/s. Computer Sciences Corporation vs. The Asstt. Commissioner of India Private Limited, Income Tax – 2(1), 19A, Electronic Complex, Indore. Aatmaram Choudhary Marg, Near Readymade Complex, Pardeshipura

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Block-1B, DLF IT Park, Indore. Shivaji Garden, Moonlight Stop, Nandanbakkam Post-Ramapuram, Chennai, Tamilnadu – 600 089. [PAN – AABCC 5820 A] S.A. No.46/Ind/2021 (Arising out of ITA No.179/Ind/2016) Assessment Year: 2011-2012 M/s. Computer Sciences Corporation vs. The Asstt. Commissioner of India Private Limited, Income Tax – 2(1), 19A, Electronic Complex, Indore. Aatmaram Choudhary Marg, Near Readymade Complex, Pardeshipura

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

price. A method of accounting adopted by the trader consistently and regularly cannot be discarded by departmental authorities on the view that he should have adopted a different method of keeping accounts or of valuation. The method of accounting regularly employed may be discarded only, if, in the opinion of taxing authorities, income of the trade cannot be property Page

M/S. BRIDGESTONE INDIA PVT. LTD.,PUNE vs. THE ACIT NFAC, DELHI

In the result, appeal of assessee is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibridgestone India Pvt. Ltd. Acit (Nfac) Plot No.A-43, Phase-Ii, Delhi Midc Chakan, Village Vs. Sawardari, Taluka Khed, Pune (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcb 2304 E Assessee By Shri Sukhsagar Syal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 23.05.2023 Date Of Pronouncement 17.07.2023

block of assets. The AO further noted that in the noted of accounts the said subsidy amount is shown in the form of exemption of entry tax, electricity duty exemption, exemption from tax payable to State Government, exemption from payment of stamp duty for various durations. The AO was of the view that the nature of exemption provided by State

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

price of the plots in another colony. Thus, in our view, the onus was lying on the assessing officer to establish that the assessee had paid any on- money over and above that stated in the registered sale deeds. However, the Assessing Officer failed to discharge such onus and made the addition merely on assumption and presumption. We further find

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

price of the plots in another colony. Thus, in our view, the onus was lying on the assessing officer to establish that the assessee had paid any on- money over and above that stated in the registered sale deeds. However, the Assessing Officer failed to discharge such onus and made the addition merely on assumption and presumption. We further find

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

price of the plots in another colony. Thus, in our view, the onus was lying on the assessing officer to establish that the assessee had paid any on- money over and above that stated in the registered sale deeds. However, the Assessing Officer failed to discharge such onus and made the addition merely on assumption and presumption. We further find

SHRI DHARMENDRA KUMAR CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances

SHRI VIJAY KUMAR SHRIVASTAVA,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances

SHRI PRADEEP KUMAR SHARMA,DABRA vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances

SHRI SANJAY KUMAR SAHU,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances

SHRI SANTOSH KUMAR SHARMA,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances

SHRI LALTA PRASAD CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

transfer of funds between the buyers and the sellers were found. The land was purchased at a price higher than the Guide Line Price fixed by the Collector. The land was un-diverted agricultural land and considering the location and the status of the land, it did not command such price as opined by the A.O. Under these circumstances