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

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

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 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

THE ACIT, - 4(1), INDORE vs. M/S. YASH TECHNOLOGIES PVT. LTD., INDORE

In the result appeal of the revenue is dismissed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2014-15 Pan : Aaacy1868M

transfer provisions could apply if the aggregate of such transactions entered into by the assessee in the previous year exceeds a sum of Rs.5 crores. But in the instant case the specified domestic pricing figure is Rs.3,46,13,572/- which is less than Rs.5 crores hence the provision of Section 92BA of the Act does not apply

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

section 14A, whereas, no expenditure was in fact incurred by the assessee towards earning such income. 25. The ld. AO has erred in computing interest u/s 234B of the Act on the assessed income since the addition to the returned income on account of Transfer Pricing adjustment is only a notional income and not actual earned income. 26

THE DCIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 271(1)(c) of the Act against The Appellant. 7. Erred in giving short credit of tax deducted at source of INR 26,920. The above grounds are independent and without prejudice, to each other unless mentioned specifically. T.P.A. No. 316/Ind/2016:A.Y. 2011-12 Transfer Pricing

M/S ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS V A TECH HYDRO INDAI PVT. LTD.),MANDIDEEP vs. THE ACIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 271(1)(c) of the Act against The Appellant. 7. Erred in giving short credit of tax deducted at source of INR 26,920. The above grounds are independent and without prejudice, to each other unless mentioned specifically. T.P.A. No. 316/Ind/2016:A.Y. 2011-12 Transfer Pricing

M/S. ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED),BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 271(1)(c) of the Act against The Appellant. 7. Erred in giving short credit of tax deducted at source of INR 26,920. The above grounds are independent and without prejudice, to each other unless mentioned specifically. T.P.A. No. 316/Ind/2016:A.Y. 2011-12 Transfer Pricing

THE ACIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

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

section 271(1)(c) of the Act against The Appellant. 7. Erred in giving short credit of tax deducted at source of INR 26,920. The above grounds are independent and without prejudice, to each other unless mentioned specifically. T.P.A. No. 316/Ind/2016:A.Y. 2011-12 Transfer Pricing

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

price, contract specifications, brokerage charges, etc., along with ledger accounts of the brokers and all the transactions were effected through normal banking channels. CO Nos.2 to 4/Ind/2022 6.1 From the assessment order, we also note that the AO has also not controverted the fact that the assessee had traded on NMCE through registered brokers as their client and their trading

THE ADDL. CIT RANGE -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

price, contract specifications, brokerage charges, etc., along with ledger accounts of the brokers and all the transactions were effected through normal banking channels. CO Nos.2 to 4/Ind/2022 6.1 From the assessment order, we also note that the AO has also not controverted the fact that the assessee had traded on NMCE through registered brokers as their client and their trading

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

price, contract specifications, brokerage charges, etc., along with ledger accounts of the brokers and all the transactions were effected through normal banking channels. CO Nos.2 to 4/Ind/2022 6.1 From the assessment order, we also note that the AO has also not controverted the fact that the assessee had traded on NMCE through registered brokers as their client and their trading

M/S ANDRITZ HYDRO PRIVATE LIMITED,BHOPAL vs. THE DCIT CIRCLE 1(1), BHOPAL

In the result, appeal of assessee is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Andritz Hydro Private Dcit Circe 1(1) Ltd. Bhopal Vs. D-17, Mpakvn Industrial Area, Mandideep Raisen (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcv 2466 R Assessee By Shri Rahul, Kaul Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 13.06.2023 Date Of Pronouncement 28.08.2023

26,70,845/- 14 Technical Services & Support Cost 9,37,14,421/- Page 2 of 27 Andritz Hydro Private Ltd. Page 3 of 27 Total Amount 344,96,10,385/- 3. In the Transfer Pricing Study Report the assesse has benchmarked its International transactions by applying TNMM as the most appropriate method with PLI as OP/OC and compared with

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

26 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 with effect from 01.04.2008 (with retrospective effect). 5.3) If the provision of section 13 are violated, then the Assessing Officer is empowered to forfeit the exemption permissible U/S 11 & 12 and that also to the extent of amount not allowed U/S 11 & 12 it is also added by the appellant that such

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

26 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 with effect from 01.04.2008 (with retrospective effect). 5.3) If the provision of section 13 are violated, then the Assessing Officer is empowered to forfeit the exemption permissible U/S 11 & 12 and that also to the extent of amount not allowed U/S 11 & 12 it is also added by the appellant that such

ACIT-2(1), UJJAIN, UJJAIN vs. M/S RUCHI J OIL PVT. LTD,, MUMBAI

In the result, Revenue’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

26. Guarantee fee expenditure 4A.11 These provisions are applicable to expenditures which are in capital in nature and fully claimed as deduction under other provisions (eg Sec 35(2AB), 35 or 35AD) since any expenditure is covered under the scope of section 40A(2)(b) . However these provisions are not applicable to capital expenditures which are capitalized in the books

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

26 which are being reproduced for the sake of completeness in our order, which read as follows: 4. GROUND NO. 4: As regards addition of Rs. 6,83,23,913/- apropos variation in Arms Length Price(ALP) of the transactions proposed by the Learned TPO. 4.1. This ground of appeal is raised against an upward adjustment

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

26 which are being reproduced for the sake of completeness in our order, which read as follows: 4. GROUND NO. 4: As regards addition of Rs. 6,83,23,913/- apropos variation in Arms Length Price(ALP) of the transactions proposed by the Learned TPO. 4.1. This ground of appeal is raised against an upward adjustment