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9 results for “transfer pricing”+ Section 153Bclear

Sorted by relevance

Mumbai111Delhi108Cochin67Bangalore48Hyderabad48Chennai37Jaipur33Ahmedabad26Guwahati18Pune16Chandigarh11Kolkata9Rajkot7Nagpur6Lucknow5Karnataka4Surat4Visakhapatnam2Amritsar2Panaji1Calcutta1SC1Indore1Dehradun1

Key Topics

Section 144C24Section 143(3)20Section 144C(13)15Section 2639Section 92C8Section 1537Section 144C(5)5Addition to Income5Section 274

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

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

ITA 112/KOL/2021[2012-13]Status: DisposedITAT Kolkata25 Aug 2021AY 2012-13

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

Section 143(3)Section 144CSection 153Section 263

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: 86a[Provided that where a notice under sub-section (1) of section 142 or sub-section

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

4
Transfer Pricing4
Limitation/Time-bar4
Penalty2
ITA 2652/KOL/2019[2012-13]Status: DisposedITAT Kolkata25 Aug 2021AY 2012-13

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

Section 143(3)Section 144CSection 153Section 263

153B, whichever is later. (9) The provisions of this section as they stood immediately before the commencement of the Finance Act, 2016, shall apply to and in relation to any order of assessment, reassessment or recomputation made before the 1st day of June, 2016: 86a[Provided that where a notice under sub-section (1) of section 142 or sub-section

BOTHRA SHIPPING SERVICES(CURRENTLY KNOWN AS BOTHRA SHIPPING SERVICES (P) LTD.,KOLKATA vs. ACIT,CENTAL CIRCLE-1(1), KOLKATA, KOLKATA

In the result ground no. 11 & 12 are allowed for statistical purpose

ITA 178/KOL/2017[2010-2011]Status: DisposedITAT Kolkata31 Jul 2018AY 2010-2011

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey) Assessment Year: 2010-11 Assessment Year: 2011-12 Assessment Year: 2012-13 Bothra Shipping Services ......…..…….……………………..…………………………………..……….……..Appellant (Currently Known As Bothra Shipping Services Pvt. Ltd.) Room No. 10 2Nd Floor “Sagar Estate 2 Clive Ghat Street Kolkata – 700 107 [Pan : Aadfb 8479 P] Assistant Commissioner Of Income Tax, Central Circle-1(1), Kolkata.…….......….......Respondent Appearances By: Shri Naresh Jain & Mrs. Arati Debnath, Ar, Appeared On Behalf Of The Assessee. Shri G. Mallikarjuna, Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 26Th, 2018 Date Of Pronouncing The Order : July 31St , 2018 Order Per J. Sudhakar Reddy, Am :- All These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed U/S 144C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short The ‘Act’). As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 2. Brief Facts Of This Case Are Brought Out By The Ld. Drp At Page 1 Of His Order Which Is Extracted For Ready Reference:- Bothra India Is Engaged In The Business Of Handling Bulk Cargoes. Its Activities Include Vessel Handling, Stevedoring & Cargo Handling, Clearing & Forwarding & Other Port Related Activities. Jaldhi Overseas Pte Ltd ('Jaldhi Overseas') Engages Bothra India For Vessel Handling At The Port, To Provide Various Vessel Related Services Until The Vessel

Section 143(3)Section 144CSection 153ASection 153BSection 92CSection 92C(3)

153B and thus time barred and liable to be quashed. 5. On the facts and circumstances of the case and in law, the order of the Transfer Pricing Officer is time barred and contrary to the provisions of section

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

In the result, the appeal of assessee is allowed

ITA 278/KOL/2020[2016-17]Status: DisposedITAT Kolkata18 Dec 2020AY 2016-17

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

Section 143(3)Section 144CSection 144C(13)Section 144C(3)

153B, pass the assessment order under sub-section (3) within one month from the end of the month in which,— (a) the acceptance is received; or (b) the period of filing of objections under sub-section (2) expires. (5) The Dispute Resolution Panel shall, in a case where any objection is received under sub-section (2), issue such directions

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

In the result, the appeal of the assessee is allowed

ITA 139/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Feb 2023AY 2014-15

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

Section 143(3)Section 144CSection 153Section 156Section 271Section 271(1)(c)Section 274

Transfer Pricing Officer (TPO) to determine the arm's length price of international transactions undertaken by the assessee. The TPO vide order passed under section 92CA(3) of the Act dated 24.01.2014 applied CUP method and determined the arm's length price of international transactions of payment of service fees at Nil as against Rs.3,45,55,434/- determined

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

In the result, the appeal of assessee is allowed

ITA 416/KOL/2020[2014-15]Status: DisposedITAT Kolkata15 Sept 2021AY 2014-15

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

Section 143(3)Section 144CSection 263Section 92Section 92C

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

In the result, appeals of the assessee are allowed

ITA 240/KOL/2019[2010-11]Status: DisposedITAT Kolkata28 Feb 2024AY 2010-11

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

For Appellant: Shri Ketan K. Ved, C.AFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 144CSection 144C(1)Section 144C(13)Section 144C(5)Section 153Section 153B

Transfer pricing adjustments of Rs.3,16,02,298/- vide draft order dt. 24/10/2017. Thereafter the I.T.A. No. 240/Kol/2019 Assessment Year: 2010-11 & I.T.A. No. 241/Kol/2019 Assessment Year: 2011-12 Skylark Fiscal Services Private Limited 7 assessee filed objection before the ld. DRP against the draft order u/s 144C(1) r.w.s. 144A/147/143(3) of the Act. The ld. DRP after hearing

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

In the result, appeals of the assessee are allowed

ITA 241/KOL/2019[2011-12]Status: DisposedITAT Kolkata28 Feb 2024AY 2011-12

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

For Appellant: Shri Ketan K. Ved, C.AFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 144CSection 144C(1)Section 144C(13)Section 144C(5)Section 153Section 153B

Transfer pricing adjustments of Rs.3,16,02,298/- vide draft order dt. 24/10/2017. Thereafter the I.T.A. No. 240/Kol/2019 Assessment Year: 2010-11 & I.T.A. No. 241/Kol/2019 Assessment Year: 2011-12 Skylark Fiscal Services Private Limited 7 assessee filed objection before the ld. DRP against the draft order u/s 144C(1) r.w.s. 144A/147/143(3) of the Act. The ld. DRP after hearing

M/S. PHILIPS INDIA LIMITED,KOLKATA vs. ACIT, CIRCLE - 12(2), , KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 2308/KOL/2019[2004-05]Status: DisposedITAT Kolkata06 Feb 2023AY 2004-05

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.2308/Kol/2019 Assessment Year: 2004-05 M/S Philips India Limited.….............……….........…..........….…… Appellant 3Rd Floor, Tower A, Dlf Park, 08 Block Af, Major Arterial Road, New Town (Rajarhat), Kolkata-700156. [Pan: Aabcp9487A] Vs. Acit, Circle-12(2), Kolkata.......….....……........…...…...…..…..... Respondent Appearances By: Shri Ketan K Ved, Ca, Appeared On Behalf Of The Appellant. Shri Amal Kamat, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 17, 2022 Date Of Pronouncing The Order : February 06, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.07.2019 Of The Assessing Officer (In Short The ‘A.O’) Passed U/S 92Ca(3) & 144C Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Pursuance Of The Directions Of The Dispute Resolution Panel (Drp) Dated 14.05.2019. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Assessment Order Framed By The Assessing Officer Is Null & Void Being Framed Without Passing Of Draft Assessment Order. That The Assessing Officer Without Passing Of Draft Assessment Order & Without Giving Opportunity To The Assessee To File Objections Against The Said Draft Assessment Order As Per Provisions To Section 144C Of The

Section 143(3)Section 144CSection 144C(1)Section 144C(5)Section 274Section 92C

transfer pricing issue related to international transaction in terms of s.92C(3) of the Act, and after receipt of the TPO’s order u/s 92CA(3) of the Act, the Assessing Officer is required to pass draft assessment order incorporating the order of the TPO in terms of s.92CA(4) of the Act. 3.6 In view of the provisions under