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

Section 92C of the Act. However the TPO u/s 92CA(3) the TPO rejected the assessee’s computation and evaluation of ALP. 4.2 The assessee in its transfer price study has worked out the mean PLI (operating profit/sales) of the comparable companies @ 3.10% in relation to its export to its AE. The assessee has demonstrated its operating profit

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

Section 92C of the Act. However the TPO u/s 92CA(3) the TPO rejected the assessee’s computation and evaluation of ALP. 4.2 The assessee in its transfer price study has worked out the mean PLI (operating profit/sales) of the comparable companies @ 3.10% in relation to its export to its AE. The assessee has demonstrated its operating profit

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

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

68,90,427/- was written off through provision account and an amount of Rs.36,34,283/- was directly written off in the Profit and Loss Account for the relevant previous year relevant to this assessment year. It is a fact that assessee is engaged in the manufacture of various types of chemicals which are used inter alia in steel, paper

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

In the result, the appeal of assessee in ITA No

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

68,90,427/- was written off through provision account and an amount of Rs.36,34,283/- was directly written off in the Profit and Loss Account for the relevant previous year relevant to this assessment year. It is a fact that assessee is engaged in the manufacture of various types of chemicals which are used inter alia in steel, paper

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

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

68 Companies with positive net worth were selected 60 Export Sales Total Sales >50o% was selected 15 Companies after qualitative analysis 7 Final Comparables OP/TC Grabal Alok Impex Ltd. [Merged] 37.07% Hanung Toys &Textiles Ltd. 20.45% Jaipuria Silk Mills Pvt. Ltd. 28.23% Kariwala Industries Ltd. 26.65% Sharadha Terry Products Ltd. 37.01% Silktex Ltd. 13.65% Welspum India Ltd. 13.55% Average

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

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

68 Companies with positive net worth were selected 60 Export Sales Total Sales >50o% was selected 15 Companies after qualitative analysis 7 Final Comparables OP/TC Grabal Alok Impex Ltd. [Merged] 37.07% Hanung Toys &Textiles Ltd. 20.45% Jaipuria Silk Mills Pvt. Ltd. 28.23% Kariwala Industries Ltd. 26.65% Sharadha Terry Products Ltd. 37.01% Silktex Ltd. 13.65% Welspum India Ltd. 13.55% Average

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]

92C of the I.T. Act for the purpose of determining the arm’s length price of the international transaction at Nil. He did not bring on record any comparable uncontrolled transaction for the purpose of determining the arm’s length price of the international transaction at Nil. 10. The ld. Counsel for the assessee placed reliance on the decision

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]

92C of the I.T. Act for the purpose of determining the arm’s length price of the international transaction at Nil. He did not bring on record any comparable uncontrolled transaction for the purpose of determining the arm’s length price of the international transaction at Nil. 10. The ld. Counsel for the assessee placed reliance on the decision

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]

92C of the Act read with rule 10B of the Rules. Accordingly, we feel that TPO made proper enquiry and applied his mind to the details brought on record by assessee. He had agreed with the assessee that the international transactions covered by the TNMM analysis (including the intra-group service charge paid /payable to Nalco Pacific) adhered

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

In the result, assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2011-12

68,97,22,939/- 7. Aggrieved assessee preferred an appeal to DRP. The assessee before the DRP reiterated the submission made before the TPO. The assessee submitted that the AE being distributor is less complex entity in terms of FAR analysis ('Function-Asset- Risk'). Therefore the AE was selected as the 'tested party' and accordingly margin earned by AE (segmental

KESORAM INDUSTRIES LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-5(1), KOLKATA

In the result, all the appeals of the revenue for AYs 2012-13, 2014-

Bench: Hon’Ble Shri P. M. Jagtap, Vp (Kz) & Hon’Ble Shri A. T. Varkey]

68,339 + Rs.14,76,41,333 + Rs.18,66,50,461].Hence, there was a notional carry forward of losses of these eligible units to the tune of Rs.(-)43,21,86,963/-[Rs.10,58,78,328 + Rs.32,63,08,635] which, according to the AO, was to be adjusted/ set off against the eligible profits, if any, computed

DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. KESORAM INDUSTRIES LTD., , KOLKATA

In the result, all the appeals of the revenue for AYs 2012-13, 2014-

Bench: Hon’Ble Shri P. M. Jagtap, Vp (Kz) & Hon’Ble Shri A. T. Varkey]

68,339 + Rs.14,76,41,333 + Rs.18,66,50,461].Hence, there was a notional carry forward of losses of these eligible units to the tune of Rs.(-)43,21,86,963/-[Rs.10,58,78,328 + Rs.32,63,08,635] which, according to the AO, was to be adjusted/ set off against the eligible profits, if any, computed

DCIT, CIRCLE-5(1), , KOLKATA vs. KESORAM INDUSTRIES LIMITED, KOLKATA

In the result, all the appeals of the revenue for AYs 2012-13, 2014-

Bench: Hon’Ble Shri P. M. Jagtap, Vp (Kz) & Hon’Ble Shri A. T. Varkey]

68,339 + Rs.14,76,41,333 + Rs.18,66,50,461].Hence, there was a notional carry forward of losses of these eligible units to the tune of Rs.(-)43,21,86,963/-[Rs.10,58,78,328 + Rs.32,63,08,635] which, according to the AO, was to be adjusted/ set off against the eligible profits, if any, computed

M/S. KESORAM INDUSTRIES LTD., ,KOLKATA vs. DCIT, CIRCLE - 5(1) , KOLKATA

In the result, all the appeals of the revenue for AYs 2012-13, 2014-

Bench: Hon’Ble Shri P. M. Jagtap, Vp (Kz) & Hon’Ble Shri A. T. Varkey]

68,339 + Rs.14,76,41,333 + Rs.18,66,50,461].Hence, there was a notional carry forward of losses of these eligible units to the tune of Rs.(-)43,21,86,963/-[Rs.10,58,78,328 + Rs.32,63,08,635] which, according to the AO, was to be adjusted/ set off against the eligible profits, if any, computed

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

92C of the Act\nread with rule 10B of the Rules. Accordingly, we feel that TPO made proper enquiry and\napplied his mind to the details brought on record by assessee. He had agreed with the\nassessee that the international transactions covered by the TNMM analysis (including the\nintra-group service charge paid /payable to Nalco Pacific) adhered

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S RECKITT BENCKISER (INDIA) LTD., KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

Section 92B is quite wide and includes an arrangement, understanding or concerted action, which may be informal or in writing. It has been held by the special bench of Hon’ble Tribunal in the case of LG Electronics India Ltd. (supra), that if an assessee has simultaneously or independently advertised the brand or logo of the foreign

RECKITT DENCKISER (INDIA) LTD.,KOLKATA vs. DCIT, CIR-12(1), KOLKATA, KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

Section 92B is quite wide and includes an arrangement, understanding or concerted action, which may be informal or in writing. It has been held by the special bench of Hon’ble Tribunal in the case of LG Electronics India Ltd. (supra), that if an assessee has simultaneously or independently advertised the brand or logo of the foreign

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S RECKITT BENCKISER (I) LTD., KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

Section 92B is quite wide and includes an arrangement, understanding or concerted action, which may be informal or in writing. It has been held by the special bench of Hon’ble Tribunal in the case of LG Electronics India Ltd. (supra), that if an assessee has simultaneously or independently advertised the brand or logo of the foreign

M/S RECKITT BENCKISER (I) PVT. LTD.,KOLKATA vs. DCIT, CIR-12(1), KOLKATA, KOLKATA

In the result, Appeals of the assessee are partly allowed for statistical purposes whereas Appeals of the revenue are dismissed to the extent indicated above

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.404/Kol/2015 आयकरअपीलसं./Ita No.625/Kol/2016 ("नधा"रणवष" / Assessment Year: 2010-11 To 2011-12)

Section 92B is quite wide and includes an arrangement, understanding or concerted action, which may be informal or in writing. It has been held by the special bench of Hon’ble Tribunal in the case of LG Electronics India Ltd. (supra), that if an assessee has simultaneously or independently advertised the brand or logo of the foreign