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

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

M/S TEGA INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

13) read with Section 144B of the Act and read with the order passed by the Ld. Transfer Pricing Officer (TPO'), under section 92CA(3) read with section 144C(5) of the Act is bad in law and void ab-initio. 1.2. That the Hon'ble DRP erred in not holding that the order of Ld. TPO and the draft

METSO OYJ,FINLAND vs. ASSISTANT COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE-1(2), KOLKATA

In the result, the appeal filed by the assessee is dismissed and the order of the Ld

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

144C(13) of the Income tax Act, 1961 (“the Act") is bad in law. 2. Taxability of income earned from certain group services 2.1. That on the facts and in the circumstances of the case and in law, the Ld. AO erred in holding that the income earned from provision of various group services (such as treasury services, business area

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

M/S. LINDE INDIA LIMITED (FORMERLY BOC INDIA LIMITED),KOLKATA vs. JCIT, RANGE - 12, KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 224/Kol/2016 Assessment Year: 2011-2012 M/S. Linde India Limited,..........................Appellant (Formerly Boc India Limited) ‘Oxygen House’, P-43, Taratala Road, Kolkata-700088 [Pan: Aaacb2528H] -Vs.- Joint Commissioner Of Income Tax,..........Respondent Range-12, Kolkata, Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri J.P. Khaitan, Sr. Counsel & Shri P. Jhunjhunwala, Advocate, Appeared On Behalf Of The Assessee Shri Rakesh Kumar Das, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : November 28, 2023 Date Of Pronouncing The Order : December 07, 2023 O R D E R Per Rajpal Yadav, Vice-(Kz):- The Assessee Is In Appeal Before The Tribunal Against The Assessment Order Dated 27.11.2015 Passed Under Section 144C(5) Read With Section 143(3) Of The Income Tax Act.

section 144C(5) of the Income Tax Act, 1961 ('the Act'). The appellant states that in its transfer pricing study report all the international transactions including those on account of purchase of raw materials, sale of finished goods and export of capital assets were considered in aggregation for the purpose of benchmarking by following transactional net margin method. The appellant

AMPI FINANCE LIMITED,KOLKATA vs. I.T.O., WARD-4(3), KOLKATA

Appeal of the assessee is allowed

Bench: the Bench that the re-opening of

gain or short term capital loss in their books of accounts. The assessee company M/s. Atlantic Vintrade Pvt. Ltd had made investments of Rs. 49.41.545/-by way of subscribing in the scrip of M/s Banas Finance Ltd. This information has been passed on for verification in respect of source of fund or genuineness of the transaction and further necessary action

AJIT KUMAR,BOKARO vs. ACIT, CIRCLE 2(1), IT, KOLKATA, KOLKATA

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

13,18,244/- and Rs. 20,71,632/- added to the total income of the assessee as bogus long-term capital gain received from Alankit Limited and Fireweb India Limited during the relevant previous year. The assessee filed petition u/s 144C r.w.s. 147/148 of the Act before the Dispute Resolution Panel, New Page 2 of 7 I.T.A. No.: 243/KOL/2024 Assessment

M/S TDK INDIA LIMITED (FORMERLY KNOWN AS EPCOS INDIA PVT. LTD.),KOLKATA vs. DCIT, CIR. -11(1), KOLKATA

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

capital account. Similar treatment should be given in respect of the comparables after taking into account hedging policies if any, in respect of such foreign exchange fluctuations as recorded in P&L A/c within the scope of Section 144C(13) of the IT Act. In case such adjustment cannot be made for the comparables due to non-availability of reliable

M/S TDK INDIA PVT. LTD.(FORMERLY KNOWN AS M/S EPCOS INDIA PVT. LTD.),KOLKATA vs. DCIT, CIR. 11(1), KOLKATA

In the result, both the appeal of the assessee are partly allowed for statistical\npurposes

capital account. Similar treatment should\nbe given in respect of the comparables after taking into account hedging policies if any, in\nrespect of such foreign exchange fluctuations as recorded in P&L A/c within the scope of\nSection 144C(13) of the IT Act.\nIn case such adjustment cannot be made for the comparables due to non-availability of\nreliable

NORMURA RESEARCH INSTITURE FINANCIAL TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT,CIRCLE-2(2), KOL, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2012-13

144C(5) of the Act dated 22.09.2016, for AY 2012-13 2. Assessee made an application before the Tribunal to accept the revised grounds of appeal vide its application dated 04.12.2017. The 2 Normura Research Institute Financial Technologies India Pvt. Ltd. AY 2012-13 revised grounds have been filed to make the original grounds precise. The same are admitted