CENTURY PLYBOARDS(INDIA) LIMITED ,KOLKATA vs. A.C.I.T., CIRCLE-2, LTU, KOLKATA

In the result, the appeal of assessee is allowed

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

Transfer pricing Order passed u/s. 92CA(3) on 31.10.2019 7. Draft Assessment Order passed by AO u/s. 144C on 28.12.2019 8. Objections filed by assessee in Form 35A before the Dispute 24.01.2020 Resolution Panel on [within the time limit prescribed in section 144C(2)] 9. Intimation given to the AO regarding the objections filed 27.01.2020 before

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 :-

section 144C of the Act. Transfer pricing grounds 5. On the facts and in law and in the circumstances of the case, the Learned Transfer Pricing 5. On the facts and in law and in the circumstances of the case, the Learned Transfer Pricing 5. On the facts and in law and in the circumstances of the case, the Learned

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)

section 144C(13)/143(3) of the Income tax Act, 1961. 8. As per the Transfer pricing (TP) document furnished

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)

section 144C(13)/143(3) of the Income tax Act, 1961. 8. As per the Transfer pricing (TP) document furnished

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

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 to add/ or amend, alter

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

price of power units transferred from CPP to the ld. TPO. The ld. TPO vide order dt. 31/07/2021, framed u/s 92CA(3) of the Act computed the ALP of the power transfer from CPP at Rs.3.84 per unit as against transfer rate of Rs.9.08 per unit applied by the assessee and the same being reflected in the 3CEB report

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]

144C of the Act dated 30.11.2019. Aggrieved by the said draft order, the assessee preferred an appeal before the Ld. DRP which dismissed by their order dated 27.02.2020. Being aggrieved by the same, the assessee is now in appeal before us. 8. In the course of hearing, the Ld. AR Shri Akkal Dudhewala FCA, appearing on behalf of the assessee

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

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) ..

13. That on the facts and in the circumstances of the case and in law, the Ld. DRP erred in not appreciating that the TPO determined the ALP of the said transaction at Nil value by exceeding his own jurisdiction and unlawfully assuming the jurisdiction of the Ld. AO under section 37(1) of the Act. 14. That

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)

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 2011-12. 2. Though the assessee had raised several grounds of appeal before us with regard to the transfer

LANDIS + GYR LIMITED,SOUTH 24 PARGANAS vs. DCIT, CIRCLE - 1, KOLKATA, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

144C(8) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). As the issues involved in both the appeals are identical in nature, they are taken up together and disposed off by this common order for the sake of convenience. 2. Disallowance of Provision for Leave Encashment – Rs. 5,27,580/- The assessee claimed deduction towards provision

M/S LANDIS+GYR LIMITED,,KOLKATA vs. DCIT, CIRCLE -1, KOLKATA, KOLKATA

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

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

144C(8) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). As the issues involved in both the appeals are identical in nature, they are taken up together and disposed off by this common order for the sake of convenience. 2. Disallowance of Provision for Leave Encashment – Rs. 5,27,580/- The assessee claimed deduction towards provision

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

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

144C of the Income­Tax Act, 1961 (in short, the Act). 2. Since these two appeals filed by the Revenue pertain to same assessee, identical issues are involved, therefore, these have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. 3. However, in these appeals, the Revenue has raised multiple grounds

M/S. SKYLARK FISCAL SEVICES PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE-8(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

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

section 144C (13) of the Act have been quashed as void-ab-initio being barred by limitation; a. Decision of the Cochin Bench of the ITAT in the case of Envestnet Asset Management (India) (P,) Ltd. v/s. ACIT reported in [2015] 53 taxmann.com 430 (Cochin - Trib.); and b. Decision of the Delhi Bench of the ITAT in the case

M/S. SKYLARK FISCAL SEVICES PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE-8(2), KOLKATA, KOLKATA

In the result, appeals of the assessee are allowed

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

section 144C (13) of the Act have been quashed as void-ab-initio being barred by limitation; a. Decision of the Cochin Bench of the ITAT in the case of Envestnet Asset Management (India) (P,) Ltd. v/s. ACIT reported in [2015] 53 taxmann.com 430 (Cochin - Trib.); and b. Decision of the Delhi Bench of the ITAT in the case

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

144C(13) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 27.01.2016 for assessment year 2011-12. 2. The revised grounds raised by the assessee per its appeal are as under:- TRANSFER PRICING 1. That on the facts and in the circumstances of the case and in law. the Dispute Resolution Panel

MOHAN JUTE BAGS MFG.CO.,KOLKATA vs. PCIT-12, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Hon’Ble Shri A. T. Varkey, Jm & Hon’Ble Shri Manish Borad, Am]

transfer pricing issue. Pursuant to the reference made to the TPO, the TPO passed the order u/s. 92CA(3) of the Act dated 31.07.2017 determining ALP at Rs.8,92,829/-. Thereafter, the AO had issued the original assessment order u/s. 143(3) of the Act dated 25.09.2017 which according to the assessee, is non est in the eyes

M/S. LINDE INDIA LIMITED (FORMERLY BOC INDIA LIMITED),KOLKATA vs. DCIT, CIRCLE 12(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. Manish Borad & Shri Anikesh Banerjee

section 144C(13) will be 5 M/s. Linde India Limited applicable for deletion of the adjustment of the addition. The Hon’ble DRP has accepted the assessee’s aggregation method and finally against the order of ld. Assessing Officer, the assessee was in appeal before us only for the two issues, which were directed by the Hon’ble ITAT

M/S. TCG LIFESCIENCES PRIVATE LIMITED.,KOLKATA vs. ACIT, CIRCLE-11(2), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

144C(S) of the Income-Tax Act, 1961 (‘the Act') read with the order passed by the Ld. Transfer Pricing Officer ("TPO") under section 92CA(3) of the Act and the directions issued by the Hon'ble Dispute Resolution Panel CDRP') is bad in law and void ab-initio. 3 A.Y. 2013-2014 M/s. TCG Lifesciences Pvt. Limited 1.2. That

DCIT, CENTRAL CIRCLE - 4(4), KOLKATA, KOLKATA vs. M/S. ELECTROSTEEL CASTINGS LIMITED., KOLKATA

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./I.T.A Nos.138 & 139/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13 & 2013-14) M/S. Electrosteel Castings Ltd. Vs. Dcit, Central Circle-4(4), Kolkata. 19, G. K. Tower, Camac Street, Kolkata – 700 017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaace 4975 B (Assessee) .. (Revenue) & आयकरअपीलसं./I.T.A Nos.191 & 192/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13 & 2013-14) Dcit, Central Circle-4(4), Vs. M/S. Electrosteel Castings Ltd. Kolkata. 19, G. K. Tower, Camac Street, Kolkata – 700 017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaace 4975 B (Revenue) .. (Assessee)

144C of the Income Tax Act, 1961 (in short ‘the Act’). Heard both the parties. Case file perused. 2. It transpires during the course of hearing that almost all the issues raised in the instant cross-appeals filed at the both taxpayer’s and Revenue’s behest are identical and inter-connected. The assessee’s sole grievance in both