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25 results for “disallowance”+ Section 92Dclear

Sorted by relevance

Delhi167Mumbai166Bangalore84Pune42Ahmedabad35Kolkata25Chennai24Hyderabad13Jaipur7Karnataka3Visakhapatnam2Agra2Indore2Jabalpur1Cochin1Varanasi1Telangana1Chandigarh1Surat1Rajkot1Nagpur1Raipur1

Key Topics

Section 143(3)24Section 92C15Transfer Pricing13Disallowance11Addition to Income9Section 144C(5)8Section 50C8Comparables/TP8Section 14A6Deduction

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

ITA 214/KOL/2016[2011-2012]Status: DisposedITAT Kolkata01 Dec 2017AY 2011-2012

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)

For Appellant: Shri Akash Mansinka, ARFor Respondent: Shri G. Mallikarjune, CIT DR
Section 139(5)Section 143(3)Section 144C(5)Section 92CSection 92D

92D. If any one of such circumstances exists, the Assessing Officer may reject the price adopted by (he assessee and determine the arm's length price in accordance with the same rules. " The principle coming out of the CBDT circular above has also been implicitly brought out by the Hon'ble Income Tax Appellate Tribunal ("ITAT"), Delhi bench in Mentor

Showing 1–20 of 25 · Page 1 of 2

6
Section 144C5
Section 270A5

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-

ITA 1854/KOL/2016[2012-13]Status: DisposedITAT Kolkata13 Feb 2023AY 2012-13

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

disallowance and the order dated June 30, 2016 was incorporated by the Assessing Officer in his assessment order dated July 28, 2016. 2.9 For the assessment year 2013-14, the Transfer Pricing Officer by his order dated October 28, 2016 again regarded the corporate guarantee as an international transaction and proposed an adjustment at the rate of 200 bps aggregating

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-

ITA 1899/KOL/2017[2013-14]Status: DisposedITAT Kolkata13 Feb 2023AY 2013-14

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

disallowance and the order dated June 30, 2016 was incorporated by the Assessing Officer in his assessment order dated July 28, 2016. 2.9 For the assessment year 2013-14, the Transfer Pricing Officer by his order dated October 28, 2016 again regarded the corporate guarantee as an international transaction and proposed an adjustment at the rate of 200 bps aggregating

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

ITA 1875/KOL/2024[2020-2021]Status: DisposedITAT Kolkata11 Dec 2025AY 2020-2021

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 144Section 144C(5)Section 92BSection 92CSection 92C(3)

Disallowance of deduction claimed under section 80-IA of the Act 5.1 That on the facts and in the circumstances of the case and in law, The Ld. AO and Hon'ble DRP erred in not granting the deduction claimed by the Assessee under section 80-IA of the Act amounting to Rs. 4,88,57,264 on the contention

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

In the result, the appeal filed by the Revenue is dismissed

ITA 1711/KOL/2024[2020-21]Status: DisposedITAT Kolkata29 Apr 2025AY 2020-21

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 144BSection 250Section 270ASection 274Section 40Section 80GSection 80PSection 80P(2)(d)

disallowance; (d) the amount of under-reported income represented by any addition made in conformity with the arm's length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D

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

ITA 69/KOL/2018[2013-14]Status: DisposedITAT Kolkata10 Oct 2018AY 2013-14

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) ..

For Appellant: Shri Anup Sinha & Ms. Rituparna Sinha, ARFor Respondent: Shri P.K. Srihari, CIT, DR
Section 143(3)Section 144C(13)Section 37(1)Section 92C

disallowance without appreciating that the Ld. AO in the draft assessment order under section 143(3) read with 144C(1) of the Act did not make any adverse comment under section 37 (1) of the Act in respect of the said transaction after examining the details of the said transaction submitted by the appellant to the Ld. TPO and subsequently

T.K.M.GLOBAL LOGISTICS LIMITED,KOLKATA vs. ACIT, WARD - 15(1), KOLKATA, KOLKATA

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

ITA 83/KOL/2018[2013-14]Status: DisposedITAT Kolkata11 Dec 2019AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Tkm Global Logistics Limited.........………........................................................……………….…......Appellant Room No. 710 & 711 7Th Floor Diamond Heritage 16, Strand Road Kolkata – 700 001 [Pan : Aabct 2426 M] Vs. Asstt. Commissioner Of Income Tax, Ward-15(1), Kolkata………..........….………....…....Respondent Appearances By: Mr. Ajit Korde, Advocate & Ms. Rachna Agarwal, Ca, Appeared On Behalf Of The Assessee. Dr. P.K. Srihari, Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 26Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :-

Section 144C(5)Section 14ASection 154Section 92Section 92CSection 92C(3)

disallowance u/s 14A of the Act, he relied on the order of the DRP. the Act, he relied on the order of the DRP. 7. We have heard rival contentions. On careful consideration of the facts and We have heard rival contentions. On careful consideration of the facts and We have heard rival contentions. On careful consideration of the facts

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S AT & S PVT. LTD., KARNATAKA

In the result, all three appeals filed by the Revenue are dismissed

ITA 515/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Oct 2018AY 2011-2012

Bench: Sh. J.Sudhakar Reddy & Sh. A.T.Varkey

disallowance made by the Assessing Officers in respect reimbursement of IT cost. In view of our above submissions, it may please be appreciated that the reimbursement of cost made by the appellant to its associated enterprise was not chargeable to tax in India in the hands of associated enterprise since no profit element was added to the cost

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. AT & S INDIA PVT. LTD., MYSORE

In the result, all three appeals filed by the Revenue are dismissed

ITA 975/KOL/2017[2010-11]Status: DisposedITAT Kolkata05 Oct 2018AY 2010-11

Bench: Sh. J.Sudhakar Reddy & Sh. A.T.Varkey

disallowance made by the Assessing Officers in respect reimbursement of IT cost. In view of our above submissions, it may please be appreciated that the reimbursement of cost made by the appellant to its associated enterprise was not chargeable to tax in India in the hands of associated enterprise since no profit element was added to the cost

N L C NALCO INDIA LTD PREVIOUSLY KNOWN AS ONDEO NALCO INDIA LTD.,KOLKATA vs. ACIT, CIR - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

ITA 1256/KOL/2009[2004-05]Status: DisposedITAT Kolkata03 Feb 2016AY 2004-05

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

For Appellant: Shri Soumitra Chowdhury, AdvocateFor Respondent: Shri D. Mallikarjuna &
Section 143(3)Section 36(1)(vii)

92D. According to assessee, If anyone of such circumstances exists, the AO may reject the price adopted by the assessee and determine the arm's length price in accordance with the same rules. However, an opportunity has to be given to the assessee before determining such price. Thereafter, as provided in sub-section (4) of section

NLC NALCO INDIA LTD.,KOLKATA vs. ACIT, CIRCLE - 11, KOLKATA, KOLKATA

In the result, the appeal of assessee in ITA No

ITA 529/KOL/2008[2003-04]Status: DisposedITAT Kolkata03 Feb 2016AY 2003-04

Bench: Shri Mahavir Singh, Jm& Shri Waseem Ahmed, Am]

For Appellant: Shri Soumitra Chowdhury, AdvocateFor Respondent: Shri D. Mallikarjuna &
Section 143(3)Section 36(1)(vii)

92D. According to assessee, If anyone of such circumstances exists, the AO may reject the price adopted by the assessee and determine the arm's length price in accordance with the same rules. However, an opportunity has to be given to the assessee before determining such price. Thereafter, as provided in sub-section (4) of section

NOMURA RESEARCH INSTITUTE FINANCIAL TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. D.C.I.T.CIRCLE-2(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1548/KOL/2019[2014-15]Status: DisposedITAT Kolkata13 Mar 2020AY 2014-15

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 115JSection 143(3)Section 147Section 148Section 92CSection 92D

disallowance of INR 10,626 under the normal provisions of the Act. Subsequent to the final assessment order, the assessee received a notice dated 6th January 2017 from the Transfer Pricing Officer (herein after referred as’ or ‘Ld. TPO’) under section 92CA(2) read with section 92D

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

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

ITA 373/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Sept 2024AY 2015-16

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

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

92D of the Act read with Rule 10D of the Rules) maintained by the appellant were submitted to the Ld. TPO and the authorized representatives of the ap- pellant appeared before the Ld. TPO from time to time. 3.2 All the international transactions and specified domestic transac- tions, except for corporate guarantee provided to its subsidiaries, were accepted

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

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

ITA 372/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Sept 2024AY 2014-15

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

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

92D of the Act read with Rule 10D of the Rules) maintained by the appellant were submitted to the Ld. TPO and the authorized representatives of the ap- pellant appeared before the Ld. TPO from time to time. 3.2 All the international transactions and specified domestic transac- tions, except for corporate guarantee provided to its subsidiaries, were accepted

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

In the result, the appeal filed by the Revenue is dismissed

ITA 1311/KOL/2018[2014-15]Status: DisposedITAT Kolkata08 Sept 2022AY 2014-15

Bench: Shri Manish Borad & Shri Sonjoy Sarmai.T.A. No. 1311/Kol/2018 Assessment Year: 2014-15 Dcit, Circle-11(1), Kolkata M/S. At&S India Ltd. 12A, Industrial Area, Vs Nanjangud Mysore District Karnataka - 571301 Pan : Aaeca2930J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Smt. Rituparna Sinha, A.R. Revenue By : Shri Gaurav Kanaujia, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 28/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 08/09/2022 आदेश/O R D E R Per Manish Borad:

For Appellant: Smt. Rituparna Sinha, A.RFor Respondent: Shri Gaurav Kanaujia, CIT, D/R
Section 250

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, KOLKATA

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

ITA 539/KOL/2022[2018-2019]Status: DisposedITAT Kolkata08 Apr 2024AY 2018-2019

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Ble

For Appellant: Shri S.P. Chidambaran, AdvocateFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 144C(5)Section 234BSection 234CSection 80JSection 91

Disallowance of deduction claimed under section 80JJAA of the Act (Refer our detailed grounds of appeal on this issue) 7. Arbitrary addition of income (Refer our detailed grounds of appeal on this issue) 8. Short grant of Advance Tax Credit (Refer our detailed grounds of appeal on this issue) 9. Short grant of TDS Credit (Refer our detailed grounds

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

ITA 1597/KOL/2017[2002-03]Status: DisposedITAT Kolkata30 Jan 2019AY 2002-03

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

For Appellant: Smt. Rituparna SinhaFor Respondent: Dr. P.K. Srihari, CIT, ld.DR
Section 143(3)Section 40Section 40ASection 40A(7)Section 40A(9)Section 43BSection 80H

92D/ Rule 10D). For the purpose of documentation, assessee can use data which is existing latest by the specified date referred to in Clause IV of Section 92F i.e. by due date of filing the return for that year i.e. by 31st October 2002. However, for the purpose of computing the arm's length price u/s 92C, as clearly laid

ACIT, NEW DELHI vs. M/S. CERATIZIT INDIA PVT. LTD., NEW DELHI

In the result, the appeal of the revenue in ITA No

ITA 928/DEL/2012[2004-05]Status: DisposedITAT Kolkata01 Aug 2018AY 2004-05

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 928/Del/2012 Assessment Year : 2004-05 Acit, Circle-3(1), N.D. -Vs- M/S Ceratizit India Pvt. Ltd. [Pan: Aaccc 2210 P] (Appellant) (Respondent) I.T.A No. 995/Del/2012 Assessment Year : 2004-05 M/S Ceratizit India Pvt. Ltd. -Vs- Acit, Circle-3(1), N.D. [Pan: Aaccc 2210 P] (Appellant) (Respondent)

For Respondent: Shri Sanjoy Paul, Addl. CIT Sr. DR
Section 143(3)

disallowance of Rs 1,47,00,813/- on accout of adjustment in Arm’s Length Price (ALP) in the facts and circumstances of the case. 5.1. The brief facts of this issue are that the assessee is engaged in the manufacture and trading of inserts i.e tungsten carbide cutting tools which are used for cutting, drilling, milling, threading metal

M/S. CERATIZIT INDIA (P) LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal of the revenue in ITA No

ITA 995/DEL/2012[2004-05]Status: DisposedITAT Kolkata01 Aug 2018AY 2004-05

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 928/Del/2012 Assessment Year : 2004-05 Acit, Circle-3(1), N.D. -Vs- M/S Ceratizit India Pvt. Ltd. [Pan: Aaccc 2210 P] (Appellant) (Respondent) I.T.A No. 995/Del/2012 Assessment Year : 2004-05 M/S Ceratizit India Pvt. Ltd. -Vs- Acit, Circle-3(1), N.D. [Pan: Aaccc 2210 P] (Appellant) (Respondent)

For Respondent: Shri Sanjoy Paul, Addl. CIT Sr. DR
Section 143(3)

disallowance of Rs 1,47,00,813/- on accout of adjustment in Arm’s Length Price (ALP) in the facts and circumstances of the case. 5.1. The brief facts of this issue are that the assessee is engaged in the manufacture and trading of inserts i.e tungsten carbide cutting tools which are used for cutting, drilling, milling, threading metal

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

ITA 612/KOL/2017[2012-13]Status: DisposedITAT Kolkata07 Feb 2018AY 2012-13

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)

For Appellant: Shri Arvind Sonde, AdvocateFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 143(3)Section 92CSection 92D(1)

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