AMBO AGRO PRODUCTS LTD.,KOLKATA vs. THE PCIT, KOLKATA-1, KOLKATA

In the result, appeal of assessee is allowed

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

1) of the Act and after hearing the Ld. AR of the assessee has passed the 143(3) order on 02.01.2014 u/s. 143(3) r.w.s. 144C(5) and 144C(13) of the Act, determining the total assessed income (long term capital gain) at Rs.30,98,86,270/-. Later on the Ld. Pr. CIT vide show cause notice dated

AT&S INDIA PRIVATE LIMITED,KARNATAKA vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee, is allowed

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am At&S India Private Limited Vs. Dcit, Circle 11(1), Kolkata P-7, Chowringhee Square, 12A, Industrial Area, Nanjangud – 571 301 Kolkata – 700 069. Mysore District, Karnataka, India "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeca 2930 J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

144C (1)of the Act, has not made any adverse comment under section 37 of the Act in respect of the services received under the CCA, for purchase services, order handling services and sales services. During the course of scrutiny assessment proceedings, the assessee submitted before the AO the same evidences of receipt of purchase services, order handling services

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

gain, the provision of Section 50C would be applicable. (e) The Ld. CIT(A) uphold the action of the AO of not referring the matter to the DVO. Tata Consumer Products Ltd. {erstwhile Tata Global Beverages Ltd.} AYs: 2014-15 & 2015-16 (f) The Ld. CIT(A) held that the acceptable variation range of (+/-) 15% does not exist within

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

gain, the provision of Section 50C would be applicable. (e) The Ld. CIT(A) uphold the action of the AO of not referring the matter to the DVO. Tata Consumer Products Ltd. {erstwhile Tata Global Beverages Ltd.} AYs: 2014-15 & 2015-16 (f) The Ld. CIT(A) held that the acceptable variation range of (+/-) 15% does not exist within

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

144C of the Act, dated 30 December 2009, came to the conclusion that the Assessee had a PE in India within the meaning of Article 5 (1) as well as Article 5 (2) of the India-UK DTAA and that the consultancy services to be rendered are effectively connected with the PE in India and also that the whole

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

144C of the Act, dated 30 December 2009, came to the conclusion that the Assessee had a PE in India within the meaning of Article 5 (1) as well as Article 5 (2) of the India-UK DTAA and that the consultancy services to be rendered are effectively connected with the PE in India and also that the whole

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S ROYAL BANK OF SCOTLAND N.V., KOLKATA

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

144C(5) of the Act dated 19.11.2015 for the M/s Royal Bank of Scotland N.V. A.Yr. 2011-12 Assessment Year [ in short Asst Year] 2011-12. Both these cross appeals are disposed off by this common order for the sake of convenience. 2. RATE OF TAX Ground No. 1(a) to 1(d) of Assessee Appeal The brief facts

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, (IT) - 2(1), KOLKATA, KOLKATA

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

144C(5) of the Act dated 19.11.2015 for the M/s Royal Bank of Scotland N.V. A.Yr. 2011-12 Assessment Year [ in short Asst Year] 2011-12. Both these cross appeals are disposed off by this common order for the sake of convenience. 2. RATE OF TAX Ground No. 1(a) to 1(d) of Assessee Appeal The brief facts

MADHU JAYANTI INTERNATIONAL LIMITED,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA, KOLKATA

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

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 214/Kol/2016 Assessment Year : 2011-12 Madhu Jayanti International Ltd. -Vs- Dcit, Cc-4(1), Kolkata [Pan: Aabcm 7502 R] (Appellant) (Respondent)

144C(5) of the Act dated 15.10.2015 for the Asst Year 2011-12. 2. Though the assessee had raised several grounds of appeal before us with regard to the transfer pricing addition, the only effective issue to be decided in this appeal is with regard to the determination of the Most Appropriate Method (MAM) in the instant case and based

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

144C(3) read with Section 143(3) of the Income Tax Act, 1961 (in short the 'Act') dated 06.01.2011 the Assessing Officer (hereinafter referred to as ld. 'AO') made several enhancements to the returned income for which the appellant approached the Commissioner of Income Tax-22, Kolkata (Appeals) [hereinafter referred to as ld. 'CIT(A)']. The ld. CIT(A) vide

AT&S INDIA PRIVATE LIMITED vs. D.C.I.T., CIRCLE-11(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee, is allowed

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.77/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13) At & S India (P) Ltd. Vs. D.C.I.T, Circle-11(1), Kolkata

section (1) and sub-section (2)of section 92C of the Act, which leads to violation of the provision of sub-section(3) of section 92CA of the Act read with sub-section (3) of section 92C of the Act. The relevant provisions of section 92C are given below for ready reference: “Section 92C: Computation of arm’s length price

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

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri George Mathan & Shri Rakesh Mishra

144C(1) issued to the assessee. The assessee filed a petition before the Dispute Resolution Panel (“the DRP”), and the DRP issued directions to the Assessing Officer (“the Ld. AO”) and the assessment was made at the total income of ₹47,73,28,802/- by the Ld. AO. Aggrieved with the assessment order, the assessee has filed the appeal before

EVEREADY INDUSTRIES INDIA LTD.,KOLKATA vs. DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

capital in nature (Ref. Punjab State Industrial Development Corpn. Ltd., [1997) 93 Taxman 5 (SC), Berger Paints India Ltd., [2017/ 79 taxman.com 450 (SC), Gruh- Finance Ltd.. [2016} 72 taxman.com 48 (Ahmedabad - Trib.) etc.) should have been added back. (ii) The details of liabilities & provisions no longer required. Apart from provision for disputed tax of Rs.3.22 crs, none

THE ROYAL BANK OF SCOTLAND N.V. ,KOLKATA vs. DCIT (INTERNATIONAL TAXATION) - 2(1), KOLKATA

In the result, the appeal of assessee is partly allowed

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

144C(5) of the Act dated 04.09.2018 for AY 2014-15. 2. At the outset, the Ld. Sr. Counsel Shri R. N. Bajoria appearing for the assessee in his usual manner fairly conceded that out of the two grounds of appeal preferred by the assessee against the impugned order, one of the issue i.e. rate of tax applicable

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

section 144C(l3) of the Act, is erroneous on facts and bad in law. 2. On the facts of the case and in law, the Hon. Panel erred in confirming the adjustment of Rs. 30,74,59,780/- to the international transactions of the Assessee with its Associated Enterprises (hereinafter referred to as ' AEs’). 3. On the facts

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

section 144C(l3) of the Act, is erroneous on facts and bad in law. 2. On the facts of the case and in law, the Hon. Panel erred in confirming the adjustment of Rs. 30,74,59,780/- to the international transactions of the Assessee with its Associated Enterprises (hereinafter referred to as ' AEs’). 3. On the facts

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

144C(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file(s) / paper books forming part of records stand perused. It transpires at the outset that these cases involved almost identical issue(s). The same are therefore disposed of vide our ideal common adjudication. 2. Coming to Revenue’s three appeals ITA No.217

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

144C(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file(s) / paper books forming part of records stand perused. It transpires at the outset that these cases involved almost identical issue(s). The same are therefore disposed of vide our ideal common adjudication. 2. Coming to Revenue’s three appeals ITA No.217

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

Bench: Shri S.S.Godara & Dr. A.L.Saini

144C(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file(s) / paper books forming part of records stand perused. It transpires at the outset that these cases involved almost identical issue(s). The same are therefore disposed of vide our ideal common adjudication. 2. Coming to Revenue’s three appeals ITA No.217