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)

gain 6,30,000/- 1,77,25,000/- Operating Revenues 153,98,09,000/- Expenditure debited to P& L Account 181,98,66,000/- Less Bank Interest and charges 3,58,73,000/- Operating Expenditure 178,39,93,000/- Operating Profit 24,41,84,000/- Operating Profit/Operating Cost (-)13.68% Operating Profit/Operating Revenue (-)15.85% 3.6. The ld TPO keeping in view

RAIPUR STEEL CASTING INDIA (P)) LTD.,KOLKATA vs. PR.CIT-5, KOLKATA

In the result, both the appeals of the assessees (In ITA No

Bench: Shri A.T, Varkey, Jm & Dr. A.L. Saini, Am M/S. Raipur Steel Casting India (P) Ltd. Vs. P.C.I.T.,-5, Kolkata Pan: Aaacg 8490M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

92D and 92E, “specified domestic transaction” in case of an assessee means any of the following transactions, not being an international transaction, namely:- (i).Omitted by Finance Act, 2017, w.e.f. 1-4-2017*. *Prior to omission, clause (i) of section 92BA, as originally enacted, read as under: “(i) any expenditure in respect of which payment has been made

M/S SRINATH JI FURNISHING PVT. LTD.,KOLKATA vs. PR.CIT-5, KOLKATA , KOLKATA

In the result, both the appeals of the assessees (In ITA No

Bench: Shri A.T, Varkey, Jm & Dr. A.L. Saini, Am M/S. Raipur Steel Casting India (P) Ltd. Vs. P.C.I.T.,-5, Kolkata Pan: Aaacg 8490M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

92D and 92E, “specified domestic transaction” in case of an assessee means any of the following transactions, not being an international transaction, namely:- (i).Omitted by Finance Act, 2017, w.e.f. 1-4-2017*. *Prior to omission, clause (i) of section 92BA, as originally enacted, read as under: “(i) any expenditure in respect of which payment has been made

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

gains amounting to Rs 1,36,025/- twice in the gross total income of the Appellant. 6. That on the facts and in the circumstances of the case, the Ld. DRP as well as the Ld. AO erred in not allowing deduction of u/s 80G of the Act amounting to Rs. 1,00,00,000/-. Page 6 of 41 I.T.A

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

gains amounting to Rs 1,36,025/- twice in the gross total income of the Appellant. 6. That on the facts and in the circumstances of the case, the Ld. DRP as well as the Ld. AO erred in not allowing deduction of u/s 80G of the Act amounting to Rs. 1,00,00,000/-. Page 6 of 41 I.T.A

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) ..

92D and after considering such evidence as the Transfer Pricing Officer may require on any specified points and after taking into account all relevant materials which he has gathered, the Transfer Pricing Officer shall, by order in writing, determine the arm’s length price in relation to the international transaction [or specified domestic transaction] in accordance with sub-section

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

gain arising out of the said corporate guarantee by way of deduction in interest rates, which will thus, increase the profits of the step-down subsidiaries, will have a positive impact on the profits of the assessee company and therefore, in our considered view there is a direct bearing on the profits/losses of the assessee company for the said transaction

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. DIC INDIA LTD., KOLKATA

In the result, both appeals of Revenue stand dismissed

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

92D read with Rule 10D. In his missions the Id. D/R has tried to make out a case that the AO or TPO are required to justify the arm's length price with reference to the correct facts transactional documents of the assessee. Going by D/R's logic, the AO 01: TPO has unlimited, unspecified and unbridled powers to reject

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. D I C INDIA LTD., KOLKATA

In the result, both appeals of Revenue stand dismissed

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

92D read with Rule 10D. In his missions the Id. D/R has tried to make out a case that the AO or TPO are required to justify the arm's length price with reference to the correct facts transactional documents of the assessee. Going by D/R's logic, the AO 01: TPO has unlimited, unspecified and unbridled powers to reject

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

92D and 92E, "international transaction" means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets of such

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

92D and 92E, "international transaction" means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets of such

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

capital equipment, Rs.3,84,57,470/­ C. Payment, for service chargefor IT services, sales support, marketing and advertisement and sorting services, Rs.5,05,74,785/­ D. Export of tools, Rs.13,04,115/­ E. Export of finished goods, Rs.45,83,01,658/­ F. Payment for technical know­how, royalty,Rs.79,34,650/­ G. Interest paid on corporate loan, Rs.14

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

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

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

gain economies of scale through the concentration of activities. These services may vary from being very simple administrative functions to more complex industry specific functions. The decision to provide certain services centrally may also be determined by the need to have the best practices implemented across geographies. Thus it can be said that the needs and benefits of Intra-group

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

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

gain economies of scale through the concentration of activities. These services may vary from being very simple administrative functions to more complex industry specific functions. The decision to provide certain services centrally may also be determined by the need to have the best practices implemented across geographies. Thus it can be said that the needs and benefits of Intra-group

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