THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

transfer pricing regulations w.e.f. 01.04.2017. After omission of Section 92BA(i), such CO Nos.2 to 4/Ind/2022 transactions will not fall under the definition of Specified Domestic Transaction and therefore, the provisions of transfer pricing will not be applicable on such transactions. 5.3. It is submitted that clause (i) of section 92BA was omitted from the statute by the Finance

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

transfer pricing regulations w.e.f. 01.04.2017. After omission of Section 92BA(i), such CO Nos.2 to 4/Ind/2022 transactions will not fall under the definition of Specified Domestic Transaction and therefore, the provisions of transfer pricing will not be applicable on such transactions. 5.3. It is submitted that clause (i) of section 92BA was omitted from the statute by the Finance

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

transfer pricing is concerned with the determination of Arm’s Length Price of the specified domestic transactions carried out by the assessee. The learned CIT-DR submitted that the doctrine of res judicata does not apply for the tax proceedings. Therefore the Ld. CIT(A) was not correct in deleting the impugned upward adjustment made by the TPO in respect

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

transfer pricing is concerned with the determination of Arm’s Length Price of the specified domestic transactions carried out by the assessee. The learned CIT-DR submitted that the doctrine of res judicata does not apply for the tax proceedings. Therefore the Ld. CIT(A) was not correct in deleting the impugned upward adjustment made by the TPO in respect

CUMMINS TECHNOLOGIES INDIA (P) LTD.,DEWAS vs. ACIT CIRCLE 1(1), UJJAIN

In the result, the appeal of the assesse is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicommins Technologies India Acit, Circle -1(1) Private Limited Ujjain Vs. Industrial Area No.2, A.B. Road, M.P. (Appellant / Assessee) (Revenue) Pan: Aabct2018B Assessee By Shri Ketan Ved & Pinkesh Vakharia Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 29.11.2023 Date Of Pronouncement 30.11.2023

transfer pricing addition of INR 1,58,78,915/- in spite of the fact that the technical service cost was capitalized in the books (forming part of capital work-fin-progress) and no depreciation was claimed against this cost in the return of income filed by the Assessee for the year under consideration. 5.4 On the facts and in circumstances

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL, MADHYA PRADESH vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

DEPUTY COMMISSIONER OF INCOME TAX(EXEMPTION), BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

INDORE DEVELOPMENT AUTHORITY,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT (EXEMPTION CIRCLE), BHOPAL

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

INDORE DEVELOPMENT AUTHORITY ,INDORE vs. DCIT ( EXEMPTION CIRCLE) , BHOPAL

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTION, BHOPAL, BHOPAL vs. INDORE DEVELOPMENT AUTHORITY, INDORE, INDORE

Appeals are allowed and revenue’s appeals

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

deduction under the heading “IMC Transfer Expenses”. The AO disallowed such expenses but in first-appeal, the CIT(A) reversed AO’s action and deleted disallowance. For this issue, we straightaway refer the order passed by Ld. CIT(A) which vehemently narrates the premise on which the AO made Page 17 of 29 Indore Development Authority ITA Nos. 8/Ind/2024

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

transfer pricing documentation and economic analysis has passed an order dated 30.10.2018 under Section 92CA(3) of the Act determining the "Arm's Length Price" difference of Rs. 41,57,14,9471- in respect of royalty payment of its AE and Rs. 39,63,921/- in respect of international transactions relating to trading activities of the assessee. Thus, total upward

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

transfer was made for houses/bungalows. Therefore, the assessee was a mere ‘contractor’ and not a ‘builder/developer’. He submitted that as per provisions of section 80-IB(10), the entirety of project including development of infrastructure must be undertaken by assessee. According to Ld. DR, ‘entire project’ would mean development as a cohesive unit which includes the construction of houses with

THE ACIT, 2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Bench: Shri Vijay Pal Rao & Shrib.M. Biyani

transfer was made for houses/bungalows. Therefore, the assessee was a mere ‘contractor’ and not a ‘builder/developer’. He submitted that as per provisions of section 80-IB(10), the entirety of project including development of infrastructure must be undertaken by assessee. According to Ld. DR, ‘entire project’ would mean development as a cohesive unit which includes the construction of houses with

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

price and has taken possession of the property even though the transfer deed or conveyance has not been registered. In such cases the transferor is debarred from agitating his title to the property against the purchaser Let us analyze provisions of section 53A of the Transfer of Property Act, 1882. Page 8 of 21 ITANo.245/Ind/2024 Mahendra Singh Chawla 53A. Part