DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. EPCOS FERRITES LTD., (SINCE MERGED WITH M/S. EPCOS INDIA P. LTD.,), NADIA

In the result, the both appeals filed by the revenue are dismissed, except other ground no

Bench: Shri A.T. Varkey, Jm & Dr.A.L.Saini, Am

92D/ Rule 10D). For the purpose of documentation, assessee can use data which is existing latest by the specified date referred to in Clause IV of Section 92F i.e. by due date of filing the return for that year i.e. by 31st October 2002. However, for the purpose of computing the arm's length price u/s 92C, as clearly laid

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

1. Acropetal Technologies Ltd. (Seg) (Acropetal):- ITA No.863 & 539/Kol/2016 A.Y. 2011-12 DCIT, Cir-12(2) Kol. Vs. M/s Philips India Ltd. Page 46 The Hon'ble DRP in their Directions had rightly rejected Acropetal by stating that it is functionally not comparable to the assessee. Accordingly, the contentions of the assessee against Acropetal is reproduced as under: (i) Functionally

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

1. Acropetal Technologies Ltd. (Seg) (Acropetal):- ITA No.863 & 539/Kol/2016 A.Y. 2011-12 DCIT, Cir-12(2) Kol. Vs. M/s Philips India Ltd. Page 46 The Hon'ble DRP in their Directions had rightly rejected Acropetal by stating that it is functionally not comparable to the assessee. Accordingly, the contentions of the assessee against Acropetal is reproduced as under: (i) Functionally

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

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

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Ble

TDS Credit (Refer our detailed grounds of appeal on this issue) 10. Non grant of Foreign Tax Credit under section 91 of the Act (Refer our detailed grounds of appeal on this issue) 11. Erroneous Levy of Interest under section 234B of the Act (Refer our detailed grounds of appeal on this issue) 12. Erroneous Levy of Interest under section

M/S. PHILIPS INDIA LIMITED (FORMERLY PHILIPS ELECTRONICS INDIA LITD.),KOLKATA vs. ACIT, CIRCLE - 12(2), KOLKATA , KOLKATA

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 2489/Kol/2017 Assessment Year : 2013-14 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

92D(1) of the Act before the ld TPO. The assessee has undertaken international transactions during the year under considerations as under:- 3 M/s Philips India Ltd. (formerly Philips Electronics India Ltd) A.Yr.2013-14 3.1. The assessee submitted before the ld TPO that some of the transactions pertain to services which are commonly described in international tax and transfer

M/S PHILLIPS INDIA LIMITED,KOLKATA vs. ACIT, CIR-12(2), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 612/Kol/2017 Assessment Year : 2012-13 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

92D(1) of the Act before the ld TPO. The assessee has undertaken international transactions during the year under considerations as under:- 3 Philips India Ltd.. A.Yr.2012-13 Software development services - Rs 382,80,00,000/- Payment of Management Support Services - Rs 339,17,83,606/- Payment of Intra Group services (Service Level agreement) - Reimbursements