ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Price Water House in Assessment Year 2003-04. In their report dated 19/11/2003, they have clearly stated that the amount of set off available in future will be lesser by the amount of Rs.8,83,81,000/-. A copy of this report is enclosed which forms a part of this order as Annexure. Surprisingly, the assessee company has changed their

STAR PAPER MILLS LIMITED,KOLKATA vs. DCIT, CIR. 4(2), KOLKATA

In the result, the appeal of the assessee is partly allowed

Bench: Shri P. M .Jagtap, Vice-(Kz) & Shri A. T. Varkey, Jm]

forward losses was NIL, the assessee did not claim any deduction u/s 80-IA in the return of income filed for AY 2016-17. 6. The case of the assessee was selected for scrutiny on CASS parameters which inter alia included transfer pricing risk parameter. The AO accordingly referred the case of the assessee to the Transfer Pricing Officer [hereinafter

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

losses continuously. Further, the assessee has to meet the rigors of the benefit test as laid down in the recent judgment of Delhi ITAT in case of BOMBARDIER TRANSPORTATION INDIA PVT LTD reported in 2015-TII-473-ITAT-DEL-TP. It has been observed here as under: "Intra Group services vis-a-vis Benefit test” It is seen that

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]

carried which would affect conditions in Arm’s length dealing. Rule 10B (3) specifically provides as under:- “An uncontrolled transaction shall be comparable to an international transaction or a specified domestic transaction if- none of the differences, if any, between the transactions being compared, or between the enterprises entering into such transactions are likely to materially affect the price

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]

carried which would affect conditions in Arm’s length dealing. Rule 10B (3) specifically provides as under:- “An uncontrolled transaction shall be comparable to an international transaction or a specified domestic transaction if- none of the differences, if any, between the transactions being compared, or between the enterprises entering into such transactions are likely to materially affect the price

STAR PAPER MILLS LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 4(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 424/Kol/2022 Assessment Year: 2018-19 Star Paper Mills Ltd. Dcit, Circle-4(1), Kolkata Duncan House Vs 31, N.S. Road Kolkata - 700001 [Pan : Aaecs0759B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, Fca Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 10/07/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Assistant Commissioner Of Income Tax, Circle- 4(1), Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 20/06/2022, Passed U/S 144C(13) Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19 Which Is Arising Out Of The Directions Of The Dispute Resolution Panel -2, New Delhi (Hereinafter Referred To As The ‘Ld. Drp) U/S 144C(5) Of The Act Dt. 29/04/2022. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case & In Law, The Ao/Tpo In Complete Disregard Of The Binding Precedent In Assessee'S Own Case For 2

carry forward of losses as per law. 5. For that the appellant craves leave to submit additional grounds and/or amend or alter the grounds already taken either at the time of hearing of the appeal or before.” 2. The sole issue that arises for our adjudication in the instant lis is regarding downward transfer pricing

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]

transfer pricing adjustment, the reported profit of Rs.8,37,15,597/- of the CPP at West Bengal became a loss figure of Rs.(- )10,58,78,328/- [Rs.8,37,15,597 – Rs.18,95,93,925]. Similarly, the reported aggregate profit of Rs.7,40,51,498/- of the three CPPs at Vasavdatta stood adjusted to a loss figure

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]

transfer pricing adjustment, the reported profit of Rs.8,37,15,597/- of the CPP at West Bengal became a loss figure of Rs.(- )10,58,78,328/- [Rs.8,37,15,597 – Rs.18,95,93,925]. Similarly, the reported aggregate profit of Rs.7,40,51,498/- of the three CPPs at Vasavdatta stood adjusted to a loss figure

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]

transfer pricing adjustment, the reported profit of Rs.8,37,15,597/- of the CPP at West Bengal became a loss figure of Rs.(- )10,58,78,328/- [Rs.8,37,15,597 – Rs.18,95,93,925]. Similarly, the reported aggregate profit of Rs.7,40,51,498/- of the three CPPs at Vasavdatta stood adjusted to a loss figure

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]

transfer pricing adjustment, the reported profit of Rs.8,37,15,597/- of the CPP at West Bengal became a loss figure of Rs.(- )10,58,78,328/- [Rs.8,37,15,597 – Rs.18,95,93,925]. Similarly, the reported aggregate profit of Rs.7,40,51,498/- of the three CPPs at Vasavdatta stood adjusted to a loss figure

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

loss due to which the entire investment as well as recoverable advance had been fully provided for in the books of account. Being so it is not comparable with the assessee company. 35. We have considered the arguments of both the parties. In our considered view for computing the net margin of the assessee for the purpose of transfer pricing

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

loss due to which the entire investment as well as recoverable advance had been fully provided for in the books of account. Being so it is not comparable with the assessee company. 35. We have considered the arguments of both the parties. In our considered view for computing the net margin of the assessee for the purpose of transfer pricing