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

TP) In view of substantial numbers of decisions of Hon'bie Tribunal in similar matter, CG fee should be benchmarked at 0.5% in the guarantee amount”. 40. The above finding of the ld. CIT(Appeals) is duly supported by the settled judicial precedence and the ld. D.R. failed to bring before us any other binding precedence in favour

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

TP) In view of substantial numbers of decisions of Hon'bie Tribunal in similar matter, CG fee should be benchmarked at 0.5% in the guarantee amount”. 40. The above finding of the ld. CIT(Appeals) is duly supported by the settled judicial precedence and the ld. D.R. failed to bring before us any other binding precedence in favour

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

TP study if it is possible to make such adjustment." 44. Respectfully following the aforesaid ruling, we direct the TPO to make adjustments on account of working capital to the profit margin of the Assessee as well as the comparables and allow adjustments in accordance with law, after affording opportunity of being heard to the Assessee. We may also

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

method of accounting, that expenditure could not be\nconsidered accrued/determined and incurred for the business purpose\nduring the year under consideration. Keeping in view of the decision of\nhonourable ITAT it is seen that perusal of Mineral Revision and Development\nRules (a copy of which was filed) shows that mining company is required to\nsubmit progressive mine closure plan

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

capital nature. But, where the mineral has already been gotten and is on the surface, then the expenditure incurred for obtaining the right to acquire the raw material, that is, the mineral, would be a revenue expenditure laid out for the acquisition of stock-in-trade. Hence, the decision of the Ld. CIT(A) on this issue is set aside

DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA vs. M/S. COAL INDIA LIMITED , KOLKATA

In the result, the appeals filed by the assessee in ITA Nos

method of accounting, that expenditure could not be\nconsidered accrued/determined and incurred for the business purpose\nduring the year under consideration. Keeping in view of the decision of\nhonourable ITAT it is seen that perusal of Mineral Revision and Development\nRules (a copy of which was filed) shows that mining company is required to\nsubmit progressive mine closure plan

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

method of accounting, that expenditure could not be\nconsidered accrued/determined and incurred for the business purpose\nduring the year under consideration. Keeping in view of the decision of\nhonourable ITAT it is seen that perusal of Mineral Revision and Development\nRules (a copy of which was filed) shows that mining company is required to\nsubmit progressive mine closure plan

COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

method of accounting, that expenditure could not be\nconsidered accrued/determined and incurred for the business purpose\nduring the year under consideration. Keeping in view of the decision of\nhonourable ITAT it is seen that perusal of Mineral Revision and Development\nRules (a copy of which was filed) shows that mining company is required to\nsubmit progressive mine closure plan

M/S. COAL INDIA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 5(1), KOLKATA, KOLKATA

method of accounting, that expenditure could not be\nconsidered accrued/determined and incurred for the business purpose\nduring the year under consideration. Keeping in view of the decision of\nhonourable ITAT it is seen that perusal of Mineral Revision and Development\nRules (a copy of which was filed) shows that mining company is required to\nsubmit progressive mine closure plan

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

TP document that CUP cannot be applied as Most Appropriate Method in the given case because of lack of data of comparable uncontrolled transactions and lack of data of Hospitals having foreign tie ups. 5.6. According to the assessee, ld. TPO did not apply any of the six methods prescribed in Rule 10D of the Income Tax Rules

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

TP document that CUP cannot be applied as Most Appropriate Method in the given case because of lack of data of comparable uncontrolled transactions and lack of data of Hospitals having foreign tie ups. 5.6. According to the assessee, ld. TPO did not apply any of the six methods prescribed in Rule 10D of the Income Tax Rules

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- V (I), KOLKATA vs. BIRLA CORPORATION LIMITED, BIRLA BUILDING

In the result, both the appeals of the revenue is dismissed, as also the cross objection filed by the assessee for both the years

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

TP adjustment with respect to the claim u/s 80IA of the Act, it is seen that during the assessment year 2006-07, the assessee had set up a thermal power plant which was eligible for benefit u/s 80IA of the Act. Also, during the AY 2011-12, the company had set up a heat recovery system, which was eligible

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

method, out of which an amount offered as corporate guarantee fee of ₹15,00,000/- has been reduced and the transfer pricing adjustment has been worked out at ₹9,88,849/-. In the case of ALP for corporate guarantee in the case of Tega Singapore, the effective interest rate of 7.25% was adopted and total corporate guarantee

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

Method) 6,96,641 3.3 The Assessing Officer/TPO has proposed the following adjustments: Amount of Terms of Actual Arm's No. of Interest CG Fee in INR Loan (USD) interest rate interest length Days for saving considering 50% rate rate which the saving to be loan was allocated to availed guarantor

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.

Method (TNMM) for determining its Arm’s Length Price of international transaction. It adopted Operating Profit on sale as PLI while the purchase and sale of capital asset/fixed asset has been justified by using the PLI of return on capital employed. The ld. TPO took note of the selection of comparables made by the assessee in its TP Study Report

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]

capital work in progress 20,201,473 NIL written off relating to abandoned project 6. We first take up the common issue relating to adjustment made towards disallowance of payment for intra group services, namely, IT services, export support services, management support services, which have been paid to its AE, TDK Electronic Components S.A. (‘TDK Malaga’). For the purpose

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]

capital work in progress 20,201,473 NIL written off relating to abandoned project 6. We first take up the common issue relating to adjustment made towards disallowance of payment for intra group services, namely, IT services, export support services, management support services, which have been paid to its AE, TDK Electronic Components S.A. (‘TDK Malaga’). For the purpose

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

methods prescribed under\nsubsections (1) and (2) of section 92C of the I.T. Act. The AO, in the instant case, had not\ndisallowed the expenditure under section 37 of the I.T. Act but only adopted the ALP\ndetermined by the TPO in his order. We find that the principle enunciated by the\nHon'ble High Court of Bombay