M/S PCM STRESCON OVERSEAS VENTURE LTD.,SILIGURI vs. PCIT-1, , KOLKATA

In the result, both appeal preferred by the revenue (ITA No

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

1) of the Act dated 26.11.2018 calling for several information/details and thereafter completed the assessment u/s 143(3)/144C by order dated 28.12.2018. 9. Before the Ld. CIT(A), the assessee had objected to the validity of the order dated 28.12.2018 passed by the AO and also the merits of the transfer pricing adjustment of Rs.4,57,20,215/-made

I.T.O.,WARD-1(1), KOLKATA vs. M/S PCM STRESCON OVERSEAS VENTURE LTD., KOLKATA

In the result, both appeal preferred by the revenue (ITA No

Bench: Shri P. M. Jagtap & Shri A. T. Varkey]

1) of the Act dated 26.11.2018 calling for several information/details and thereafter completed the assessment u/s 143(3)/144C by order dated 28.12.2018. 9. Before the Ld. CIT(A), the assessee had objected to the validity of the order dated 28.12.2018 passed by the AO and also the merits of the transfer pricing adjustment of Rs.4,57,20,215/-made

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

Bench: Shri S.S.Godara & Shri, M. Balaganesh

143(3) of the Act, the submission of the AR on this point along with the case laws relied upon by him and the extant law in this regard. It is observed from the grounds of appeal at Para 3 above that the ground at (a) and (h) are general in nature and there are no specific submission

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

Bench: Shri S.S.Godara & Shri, M. Balaganesh

143(3) of the Act, the submission of the AR on this point along with the case laws relied upon by him and the extant law in this regard. It is observed from the grounds of appeal at Para 3 above that the ground at (a) and (h) are general in nature and there are no specific submission

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

143(3) read with section 144C (1) of the Act has not made any adverse comment under section 37 of the Act in respect of the said transaction after examining the documentary evidences of receipt of services submitted by the appellant to the ld TPO and subsequently the told AO as per his direction. 9. That the appellant craves leave

D.C.I.T.,CIRCLE-2(2), KOLKATA vs. M/S SHALIMAR WIRES INDUSTRIES LTD., KOLKATA

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14

143(3) of the Income Tax Act, 1961; in short ‘the Act’ Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex parte. Heard learned departmental representative. Case file perused. 2. The Revenue’s former substantive grievance pleaded in the instant appeal seeks to reverse the CIT(A)’s action deleting commission disallowance of ₹1

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

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

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

143(3) r.w.s 144C of the Income Tax Act, 1961 ('the Act') beyond the period of limitation provided under section 153 of the Act read with Explanation period of limitation provided under section 153 of the Act read with Explanation period of limitation provided under section 153 of the Act read with Explanation 1(viii) and proviso appended below

ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

143(2) of the Act. However, without going into the merits of the said issue, we find that the Assessing Officer had made reference under section 92CA(1) of the Act to the Transfer Pricing

ACIT, CC- 3(4), KOLKATA , KOLKATA vs. M/S. HIMATSINGKA SEIDE LIMITED , BANGALORE

In the result, appeal of the assessee in IT(SS)A No

Bench: Shri Sanjay Garg & Shri Girish Agrawalit(Ss)A No.17/Kol/2018 Assessment Year: 2008-09 Himatsingka Seide Ltd. Deputy Commissioner Of 10/24, Kumara Krupa Road, High Vs. Income Tax, Central Circle- Grounds, Bangalore-560001. Xvi, Kolkata. (Pan: Aaach3507N) (Appellant) (Respondent) & It(Ss)A No.20/Kol/2018 Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent) & Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent)

transfer pricing adjustment made by the AO in the impugned assessment u/s. 153A read with section 143(3) are not in compliance with the provisions contained in section 92CA of the Act read with aforesaid CBDT In- struction. Thus, ground no. 4 taken by the assessee in this respect is allowed and ground nos. 1

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

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)

1), Kolkata [ in short the ld AO] under section 143(3) read with section 92CA94) / 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) , pursuant to the directions of the Learned Dispute Resolution Panel [ in short the ld DRP] under section 144C(5) of the Act dated 15.10.2015 for the Asst Year

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)

Transfer Pricing Officer (hereinafter referred to as the 'Ld. TPO') u/s 92CA of the Act, for determination of arms' length price in respect of international transactions entered into with its AEs. Order u/s 92CA(3) was passed on 29th January 2016 which was subsequently incorporated in the draft Assessment Order u/s 144C(1)/ 143(3) dated

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)

Transfer Pricing Officer (hereinafter referred to as the 'Ld. TPO') u/s 92CA of the Act, for determination of arms' length price in respect of international transactions entered into with its AEs. Order u/s 92CA(3) was passed on 29th January 2016 which was subsequently incorporated in the draft Assessment Order u/s 144C(1)/ 143(3) dated

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]

143 ITD 141 Kolkata which we note is very well founded wherein it was held: “(8.1) Thus, not all investments become the subject-matter of consideration when computing disallowance under section 14A read with rule 8D. The disallowance under section 14A read with rule 8D is to be in relation to the income which does not form part

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]

143 ITD 141 Kolkata which we note is very well founded wherein it was held: “(8.1) Thus, not all investments become the subject-matter of consideration when computing disallowance under section 14A read with rule 8D. The disallowance under section 14A read with rule 8D is to be in relation to the income which does not form part

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]

143 ITD 141 Kolkata which we note is very well founded wherein it was held: “(8.1) Thus, not all investments become the subject-matter of consideration when computing disallowance under section 14A read with rule 8D. The disallowance under section 14A read with rule 8D is to be in relation to the income which does not form part

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]

143 ITD 141 Kolkata which we note is very well founded wherein it was held: “(8.1) Thus, not all investments become the subject-matter of consideration when computing disallowance under section 14A read with rule 8D. The disallowance under section 14A read with rule 8D is to be in relation to the income which does not form part

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

section 143(2) of the Act was issued and served upon the assessee. The assessee during the year had international transactions with its Associated Enterprises (AE for short) for supplying the PCB manufactured by it. The Assessing Officer after having the approval from the CIT made reference to the Transfer Pricing Officer (TPO for short) u/s 92 CA(1

M/S. PHILIPS MEDICAL SYSTEMS P. LTD.,MUMBAI vs. ITO - 8(2)(2), MUMBAI

In the result, the appeal of the assessee is partly allowed, while the Revenue’s appeals are dismissed

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging the addition made by the Assessing Officer/TPO on account of transfer pricing adjustment by raising various issues. One of the issues raised by the assessee before the ld. CIT(Appeals) was relating to the treatment given by the TPO to the loss on account

ACIT - 8(2), MUMBAI vs. M/S. PHILIPS MEDICAL SYSTEMS INDIA P. LTD., MUMBAI

In the result, the appeal of the assessee is partly allowed, while the Revenue’s appeals are dismissed

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging the addition made by the Assessing Officer/TPO on account of transfer pricing adjustment by raising various issues. One of the issues raised by the assessee before the ld. CIT(Appeals) was relating to the treatment given by the TPO to the loss on account