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)

Price (CUP) method. 3) That the Ld. CIT (A) has erred on facts & law by not determining the arm's length rate of interest in accordance with Section 92C of the Income-tax Act, 1961 (the Act) read with Rule 10B & 10C of Income Tax Rules' 1962 (the Rules). 4) That the Ld. CIT (A) has erred on facts

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 :-

156 of the Act and penalty notice under section 274 read with section 271(1)(C) of the Act along with the draft assessment order section 274 read with section 271(1)(C) of the Act along with the draft assessment order section 274 read with section 271(1)(C) of the Act along with the draft assessment order dated

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

156 (Kolkata - Trib.) 2. Further the Ld. A.0 in the assessment order under section 143(3) has not made any adverse comment under section 37 in respect of the benefit / services received by the Assessee. During the course of scrutiny assessment proceedings, the assessee submítted before the Ld. A.0 on the same set of evidences of receipt of services

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

156 (Kolkata - Trib.) 2. Further the Ld. A.0 in the assessment order under section 143(3) has not made any adverse comment under section 37 in respect of the benefit / services received by the Assessee. During the course of scrutiny assessment proceedings, the assessee submítted before the Ld. A.0 on the same set of evidences of receipt of services

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 92CA (1) have been satisfied. 2. Error in upholding the adjustment with respect to payment of Cylinder Rental Charges 2.1 For that the authorities below failed to consider and appreciate that in the instant case, the transfer pricing adjustment proposed by the Ld. TPO of INR 56,00,556/- in respect of cylinder rental charges is erroneous and contrary

M/S. ITC INFOTECH INDIA LTD., ,KOLKATA vs. ACIT, CIRCLE - 2(1), , KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

ITC INFOTECH INDIA LTD.,KOLKATA vs. A.C.I.T.,CIR-2(1), KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

M/S ITC INFOTECH INDIA LTD.,KOLKATA vs. DCIT,CIR - 2(1),, KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

M/S. ITC INFOTECH INDIA LTD., ,KOLKATA vs. ACIT, CIRCLE - 2(1), , KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

ACIT, CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. ITC INFOTECH INDIA LIMITED, KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals filed by the Revenue in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

Transfer Pricing for Developing Countries. and further has taken cognizance of the Hon'ble Delhi Tribunal ruling in the case of Ranbaxy Laboratories (supra) wherein the concept of overseas tested parties and foreign companies for determination of ALP has been accepted. Consequently, the Hon'ble Tribunal held that the Ld. TPO’s action of "selecting Assessee as the tested party

M/S. LEXMARK INTERNATIONAL (INDIA) PRIVATE LIMITED, KOLKATA,KOLKATA vs. ACIT, CIRCLE 14(1), KOLKATA, KOLKATA

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godara

156 बनाम / M/s Lexmark International ACIT, Circle-14(1) V/s. (India) Pvt. Ltd., DLF IT Aayakar Bhawan, P-7, Park, Block-1, 5th Floor, 8, Chowringhee Square, Major Arterial Road, Kolkata-700 069 Kolkata-700156 .. अपीलाथ" /Appellant ""यथ" /Respondent Assessment Year:2014-15 M/s Lexmark International DCIT, Circle-14(1) बनाम / Room No. 616, 6th (India

M/S. LEXMARK INTERNATIONAL (INDIA) PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 14(1), KOLKATA , KOLKATA

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godara

156 बनाम / M/s Lexmark International ACIT, Circle-14(1) V/s. (India) Pvt. Ltd., DLF IT Aayakar Bhawan, P-7, Park, Block-1, 5th Floor, 8, Chowringhee Square, Major Arterial Road, Kolkata-700 069 Kolkata-700156 .. अपीलाथ" /Appellant ""यथ" /Respondent Assessment Year:2014-15 M/s Lexmark International DCIT, Circle-14(1) बनाम / Room No. 616, 6th (India

ACIT, CIRCLE-14(1), KOLKATA,KOLKATA vs. M/S LEXMARK INTERNATIONAL INDIA PVT. LTD., KOLKATA

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godara

156 बनाम / M/s Lexmark International ACIT, Circle-14(1) V/s. (India) Pvt. Ltd., DLF IT Aayakar Bhawan, P-7, Park, Block-1, 5th Floor, 8, Chowringhee Square, Major Arterial Road, Kolkata-700 069 Kolkata-700156 .. अपीलाथ" /Appellant ""यथ" /Respondent Assessment Year:2014-15 M/s Lexmark International DCIT, Circle-14(1) बनाम / Room No. 616, 6th (India

M/S. PHILIPS INDIA LIMITED (SUCCESSOR TO ERSTWHILE PHILIPS SOFTWARE CENTRE PVT. LTD.),KOLKATA vs. D.C.I.T./A.C.I.T. (TRANSFER PRICING) - 2, KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 32 & 33/Kol/2023 Assessment Year: 2004-05 M/S. Philips India Limited Joint Commissioner Of Income-Tax 3Rd Floor, Tower A Vs (Transfer Pricing-Ii), Bangalore [Presently Deputy Dlf Park, 08 Block Af Commissioner/Assistant Major Arterial Road Commissioner Of Income-Tax New Town Transfer Pricing 2, Kolkata Kolkata - 700156 [Pan : Aabcp9487A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, A.R. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 13/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Even Dt. 15/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2004-05. 2. The Sole Issue Raised In Both The Appeals Is Relating To The Maintainability Of The Appeals Before The Ld. Cit(A) Against The Rectification Orders Passed By The Transfer Pricing Officer (In Short “Tpo”) U/S 154 R.W. Sub-Section (5) To Section 92Ca Of The Act. The Ld. Cit(A) Vide Impugned Orders Has Dismissed The Appeals Of The Assessee Holding That As Per The Provisions Of Section 246A Of The Act, Order U/S 92Ca Or Its Rectification Order U/S 154 Of The Act Passed By The Tpo Is 2

Transfer Pricing Officer.” 5.2. A perusal of the sub-Section (5) of Section 92CA would reveal that a TPO may amend the order passed u/s 92CA(3) of the Act for the purpose of rectification of any mistake apparent from record in such order and the provisions of Section 154 will accordingly apply. Sub- Section (5), therefore, specifically provides that

M/S. PHILIPS INDIA LIMITED (SUCCESSOR TO ERSTWHILE PHILIPS SOFTWARE CENTRE PVT. LTD.),KOLKATA vs. D.C.I.T./A.C.I.T.(TRANSFER PRICING) - 2, KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 32 & 33/Kol/2023 Assessment Year: 2004-05 M/S. Philips India Limited Joint Commissioner Of Income-Tax 3Rd Floor, Tower A Vs (Transfer Pricing-Ii), Bangalore [Presently Deputy Dlf Park, 08 Block Af Commissioner/Assistant Major Arterial Road Commissioner Of Income-Tax New Town Transfer Pricing 2, Kolkata Kolkata - 700156 [Pan : Aabcp9487A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, A.R. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 13/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Even Dt. 15/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2004-05. 2. The Sole Issue Raised In Both The Appeals Is Relating To The Maintainability Of The Appeals Before The Ld. Cit(A) Against The Rectification Orders Passed By The Transfer Pricing Officer (In Short “Tpo”) U/S 154 R.W. Sub-Section (5) To Section 92Ca Of The Act. The Ld. Cit(A) Vide Impugned Orders Has Dismissed The Appeals Of The Assessee Holding That As Per The Provisions Of Section 246A Of The Act, Order U/S 92Ca Or Its Rectification Order U/S 154 Of The Act Passed By The Tpo Is 2

Transfer Pricing Officer.” 5.2. A perusal of the sub-Section (5) of Section 92CA would reveal that a TPO may amend the order passed u/s 92CA(3) of the Act for the purpose of rectification of any mistake apparent from record in such order and the provisions of Section 154 will accordingly apply. Sub- Section (5), therefore, specifically provides that

DONGFANG ELECTRIC (INDIA) PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 14(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed as indicated above

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

section 144C(5) [pages 468 to 470 of the paper book] is not disputed even by the ld. D.R. We, therefore, direct the Assessing Officer/TPO to allow the working capital adjustment while determining the Arm’s Length Price of the relevant international transactions of the 6 A.Y. 2013-2014 Dongfang Electric (India) Private Limited assessee with its AE by following

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S BIRLA CORPORATION LTD., KOLKATA

In the result, the appeal of the revenue as well as cross-objection of the assessee are partly allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1964/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata…………….......................…...……………....Appellant Vs. M/S Birla Corporation Ltd…………...........…..........................…..…..... Respondent Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] C.O. 39/Kol/2019 (A/O I.T.A. No.1964/Kol/2019) Assessment Year: 2015-16 M/S Birla Corporation Ltd…………...........….....................…..…..... Cross-Objector Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] Vs Dcit, Circle-6(1), Kolkata…………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri J. P. Khaitan, Sr. Counsel, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : January 16, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Order Dated 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Up Revenue’S Appeal Ita No.1964/Kol/2019. I.T.A. No.1964/Kol/2019 & C.O. 39/Kol/2019 M/S Birla Corporation Ltd

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed.” 4. Both the ld. representatives have submitted that the issue is squarely covered in favour of the assessee by the above decision of the Tribunal in the own case of the assessee for earlier assessment years. Therefore, respectfully following the same