PRIMETALS TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE-1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

1: That the orders dated July 27, 2021 and April 4, 2022 passed by the Learned Transfer Pricing Officer (hereinafter referred to as ‘the Learned TPO’) under section 92CA(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and under section 92CA(3) read with section 144C(5) of the Act respectively, the final assessment order

PRIMETALS TECHNOLOGIES INDIA PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

1: That the orders dated July 27, 2021 and April 4, 2022 passed by the Learned Transfer Pricing Officer (hereinafter referred to as ‘the Learned TPO’) under section 92CA(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) and under section 92CA(3) read with section 144C(5) of the Act respectively, the final assessment order

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

The appeal is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

depreciation are integral to the manufacturing process, has not been able to prove or justify as to how the concerned items enhance the production process or output of the business. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.46,75,775/- being

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

The appeal is dismissed

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

depreciation are integral to the manufacturing process, has not been able to prove or justify as to how the concerned items enhance the production process or output of the business. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.46,75,775/- being

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

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(5) dated 11.06.2024 as aforesaid has rejected the objections of the assessee and upheld the addition made on this issue. The relevant part of the DRP's direction is as below” I.T.A. No.: 1875/KOL/2024 Assessment Year: 2020-21 M/s. Tega Industries Limited. 8.1. Before us the assessee has relied upon the decision of Hon'ble Gujarat High Court

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

144C(3) on the said points as erroneous as well as prejudicial to the interest of the revenue as per Explanation 2(c) below section 263(1) of the Act and setting aside the order of the Assessing Officer on the said points, he directed the Assessing Officer to make the assessment afresh after providing reasonable opportunity to the assessee

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. ACIT (INTERNATIONAL TAXATION), CIRCLE - 1(1), KOLKATA , KOLKATA

In the result, both appeals filed by the assessee are allowed

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2563 & 2564/Kol/2017 ("नधा"रणवष" / Assessment Years: 2007-08 & 2008-09)

144C (5) of the Act. 2.Since, the issues involved in these two appeals are common and identical; therefore, these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as the facts narrated in assessee`s appeal in ITA No.2563/Kol/2017,for Assessment Year 2007-08, have been

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. ACIT (INTERNATIONAL TAXATION), CIRCLE - 1(1), KOLKATA , KOLKATA

In the result, both appeals filed by the assessee are allowed

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2563 & 2564/Kol/2017 ("नधा"रणवष" / Assessment Years: 2007-08 & 2008-09)

144C (5) of the Act. 2.Since, the issues involved in these two appeals are common and identical; therefore, these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the grounds as well as the facts narrated in assessee`s appeal in ITA No.2563/Kol/2017,for Assessment Year 2007-08, have been

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. M/S. GUJARAT NRE COKE LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey)

144C r.w.s. 143(3) of the Act on 27.02.2012 determining the total income of the assessee at Rs. 132,40,54,628/- inter alia may be transfer pricing adjustments on account of interest on loan, interest on bond and fees for providing guarantee (Guarantee Commission). The AO carried the matter in appeal. The ld. first appellate authority allowed the appeal

DCIT, CIRCLE-8(1), KOLKATA, KOLKATA vs. M/S. GUJARAT NRE COKE LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Sri J. Sudhakar Reddy& Sri Aby T. Varkey)

144C r.w.s. 143(3) of the Act on 27.02.2012 determining the total income of the assessee at Rs. 132,40,54,628/- inter alia may be transfer pricing adjustments on account of interest on loan, interest on bond and fees for providing guarantee (Guarantee Commission). The AO carried the matter in appeal. The ld. first appellate authority allowed the appeal

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

144C have been held as null and void ACIT vs. Oracle India (P.) Ltd [2018] 93 taxmann.com 8 (Delhi-Trib.) [13-04-2018] North Shore Technologies (P.) Ltd vs. ITO [2020] 118 taxmann.com 624 (Delhi Trib.) [13-02-2020] International Air Transport Association-vs-DCIT [2016] 241 Taxman 249 (Mumbai HC) ESPN Star Sports Mauritius S.N.C. ET Compagnie -vs- Union

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

144C have been held as null and void ACIT vs. Oracle India (P.) Ltd [2018] 93 taxmann.com 8 (Delhi-Trib.) [13-04-2018] North Shore Technologies (P.) Ltd vs. ITO [2020] 118 taxmann.com 624 (Delhi Trib.) [13-02-2020] International Air Transport Association-vs-DCIT [2016] 241 Taxman 249 (Mumbai HC) ESPN Star Sports Mauritius S.N.C. ET Compagnie -vs- Union

SREI EQUIPMENT FINANCE LIMITED,KOLKATA vs. PCIT-2, KOLKATA

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

Bench: Sri Sanjay Garg & Dr. Manish Borad

144C(1) by DCIT, Circle-11 (1), Kolkata on 27.02.2019 for A.Y. 2015-16 should not be held as erroneous in so far as it is prejudicial to the interests of the revenue. You may accordingly furnish your written submissions u/s 263(1) of LT. Act, 1961 by 10.02.2021, in this regard elaborating and/or evidencing your contentions/submissions. Considering the pandemic

M/S. EARNEST TOWERS PRIVATE LIMITED ,KOLKATA vs. ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravii.T.A. No. 2530/Kol/2017 Assessment Year: 2013-14 M/S. Earnest Towers Private Limited……….………....………………...…………………….….Appellant [Pan : Aabce 8612 N] Vs. Acit, Circle-2(1), Kolkata………............................................................…....….…………..…...Respondent Appearances By: Shri Ajit Kumar Jain & Siddhesh Chaugule, C.A Appearing On Behalf Of The Appellant. Shri P. K. Srihari, Cit- Dr, Appearing On Behalf Of The Respondent.

1), Kolkata………............................................................…....….…………..…...Respondent Appearances by: Shri Ajit Kumar Jain & Siddhesh Chaugule, C.A appearing on behalf of the appellant. Shri P. K. Srihari, CIT- DR, appearing on behalf of the respondent. Date of concluding the hearing : January 9th, 2019 Date of pronouncing the order : March 15th, 2019 O R D E R Per J. Sudhakar Reddy :- This appeal filed

M/S AKZO NOBEL INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result appeal by the Revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

144C(13) of the Act, is erroneous on facts and bad in law. 2. That on the facts and in the circumstances of the case, Ld. Panel erred in confirming the adjustment of Rs. 39,411,875/- to the international transactions of the appellant with its Associated Enterprise (hereinafter referred to as 'AE') Akzo Nobel Paints (Asia Pacific