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

4,10,08,010/- directed by the TPO because the order of the TPO was binding on him. As per the aforesaid decision of the Hon'ble High Court of Bombay, the jurisdiction of the TPO is specific and limited, i.e., to determine the arm's length price of an international transaction by applying any of the methods prescribed under

EXIMCORP INDIA (P) LTD. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

120 (Gujarat), which had reversed the finding in the Hon’ble ITAT’s order in this case (supra), and concluded that since this case itself has been reversed by the Hon'ble Supreme Court in the case of Vijay Ship Breaking Corporation vs. CIT reported in [2009] 314 ITR 309 (SC), therefore, the original order of the Hon'ble ITAT

EXIMCORP INDIA PRIVATE LIMITED. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

120 (Gujarat), which had reversed the finding in the Hon’ble ITAT’s order in this case (supra), and concluded that since this case itself has been reversed by the Hon'ble Supreme Court in the case of Vijay Ship Breaking Corporation vs. CIT reported in [2009] 314 ITR 309 (SC), therefore, the original order of the Hon'ble ITAT

IMC LIMITED ,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

120; (b) “record shall include and shall be deemed always to have included all records relating to any proceeding 7 Assessment Year : 2014-2015 IMC Limited under this Act available at the time of examination by the Commissioner; (c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject matter

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.

section 92CA(3) of the Income Tax Act on 28.01.2015. After receipt of this order, ld. Assessing Officer has passed a draft assessment order on 05.03.2015. The assessee filed objections on the draft assessment order and those objections were decided by the ld. Dispute Resolution Panel vide its order dated 21.10.2015. The ld. 4 Assessment Year: 2011-2012 M/s. Linde

BENGAL SHRACHI HOUSING DEVELOPMENT LIMITED,KOLKATA vs. ACIT, CIR. 5(1), KOLKATA

In the result, the appeal of assessee is dismissed

Bench: Shri Sanjay Garg & Shri Manish Boradआयकर अपील सं.य/ Assessment Year:2017-18 बनाम Bengalshrachi Acit, Cir-5(1), Kolkata Housingdevelopment Aaykar Bhawan V/S. Ltd. P-7 Chowringhee Square, 686 Shrachi Tower, Kolkata-700 069. Anandapur,E.M Bypass, Kolkata-700 107. Pan: Aabcb2808F अपीलाथ" /Appellant ""यथ" /Respondent ..

120; 92[(iii) an order under section 92CA by the Transfer Pricing Officer;] (b) "record" shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Principal 93[Chief Commissioner or Chief Commissioner or Principal] Commissioner or Commissioner; (c) where any order referred

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

b) are allowed.” 7.2 Considering the facts of the present case and the applicable law as well as the recent decision of Coordinate bench in assessee’s own case in ITA No.619/Kol/2017 for the Assessment Year 2012-13 as extracted above, we are in agreement that we delete the upward adjustment in respect of payment of royalty of Rs.14

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

b) are allowed.” 7.2 Considering the facts of the present case and the applicable law as well as the recent decision of Coordinate bench in assessee’s own case in ITA No.619/Kol/2017 for the Assessment Year 2012-13 as extracted above, we are in agreement that we delete the upward adjustment in respect of payment of royalty of Rs.14

RECKITT BENCKISER (INDIA) PVT. LTD.,GURGAON vs. D.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

b) are allowed.” 7.2 Considering the facts of the present case and the applicable law as well as the recent decision of Coordinate bench in assessee’s own case in ITA No.619/Kol/2017 for the Assessment Year 2012-13 as extracted above, we are in agreement that we delete the upward adjustment in respect of payment of royalty of Rs.14

SENBO ENGINEERING LIMITED,KOLKATA vs. DCIT, CIR-11, KOLKATA. , KOLKATA

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Years: 2007-08 Senbo Engineering Limited, Deputy Commissioner Of 87, Lenin Sarani, Vs Income Tax, Circle-11, Kolkata - 700013 Kolkata - 700013 (Pan: Aadcs6138B) (Appellant) (Respondent)

b). Starting from the commencement, i.e., Designing till the completion of the Infra- structure Facilities Development Projects the entire financing of the projects were met by the appellant from its own sources and/or borrowings. It was only on the basis of completion of phase-wise developments that the relevant Local Authori- ties made payments to the appellant. The entire Technical

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13

Section 92C may not only be legally impermissible but will lend itself to arbitrariness. What is then needed is a clear statutory scheme encapsulating the legislative policy and mandate which provides the necessary checks against arbitrariness while at the same time addressing the apprehension of tax avoidance. 76. As explained by the Supreme Court in CIT v. B.C. Srinivasa Setty

RECKITT BENCKISER INDIA PRIVATE LIMITED,GURGAON, HARYANA vs. D.C.I.T., CIRCLE 11.1, KOLKATA, KOLKATA

b) are allowed.”\n\n7.2 Considering the facts of the present case and the\napplicable law as well as the recent decision of Coordinate\nbench in assessee's own case in ITA No.619/Kol/2017 for the\n Assessment Year 2012-13 as extracted above, we are in\nagreement that we delete the upward adjustment in respect of\npayment of royalty

RECKITT BENCKISER (INDIA) PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA

b) are allowed.”\n7.2 Considering the facts of the present case and the\napplicable law as well as the recent decision of Coordinate\nbench in assessee's own case in ITA No.619/Kol/2017 for the\n Assessment Year 2012-13 as extracted above, we are in\nagreement that we delete the upward adjustment in respect of\npayment of royalty of Rs.14

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

b) of the Rule, 1962 that specifies the function, assets and risks to be essential comparability factors for reference. The Ld. D. R has further submitted that the Ld. CIT(A) erred in fact and law by allowing CSR expenditure to the extent of Rs. 1,16,00,000/- to be allowable for claiming deduction

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

b) of the Rule, 1962 that specifies the function, assets and risks to be essential comparability factors for reference. The Ld. D. R has further submitted that the Ld. CIT(A) erred in fact and law by allowing CSR expenditure to the extent of Rs. 1,16,00,000/- to be allowable for claiming deduction

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

b) of the Rule, 1962 that specifies the function, assets and risks to be essential comparability factors for reference. The Ld. D. R has further submitted that the Ld. CIT(A) erred in fact and law by allowing CSR expenditure to the extent of Rs. 1,16,00,000/- to be allowable for claiming deduction

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

b) of the Rule, 1962 that specifies the function, assets and risks to be essential comparability factors for reference. The Ld. D. R has further submitted that the Ld. CIT(A) erred in fact and law by allowing CSR expenditure to the extent of Rs. 1,16,00,000/- to be allowable for claiming deduction

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

b) of the Rule, 1962 that specifies the function, assets and risks to be essential comparability factors for reference. The Ld. D. R has further submitted that the Ld. CIT(A) erred in fact and law by allowing CSR expenditure to the extent of Rs. 1,16,00,000/- to be allowable for claiming deduction