ORGANON (INDIA) LIMITED,MUMBAI vs. ADDL. CIT, CIRCLE - 12, KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

2 Assessment Year: 2005-2006 Organon (India) Limited licence fees apportioned by M/s. Organon NV as a share of the assessee- company and since the same had not given rise to any income in the hands of M/s. Organon NV, the provisions of section 195 were not attracted and the assessee-company was not required to deduct tax at source

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

transfer of capital asset situated in India, shall be deemed to accrue or arise in India. The reply of the assessee is not tenable. In this context, the provisions of Section 195(1) of the Act may be referred and it reads as under: "Any person responsible for paying to a non-resident, not being a company

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

section 195 of the Act for issuing NIL tax withholding Certificate. This application was rejected by the Assessing Officer as well as by the learned CIT(A). It was in these circumstances that the learned Delhi Bench of the Tribunal upheld the claim of the Revenue that it was for the Assessing Officer to determine what portion of the payments

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

transfer of a capital asset situate in India would be deemed to accrue or arise in India, the Explanation 1 below it mentions that for the purposes of this Clause, in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase

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

transfer of a capital asset situate in India would be deemed to accrue or arise in India, the Explanation 1 below it mentions that for the purposes of this Clause, in the case of a non-resident, no income shall be deemed to accrue or arise in India to him through or from operations which are confined to the purchase

M/S. ELECTROSTEEL CASTING LIMITED.,KOLKATA vs. ITO (INTERNATIONAL TAXATION) WARD, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

2) was inserted by the Legislature which clarified that irrespective whether services are rendered in India or not, since the payment has a business connection in India; the same is taxable under the provisions of the Income-tax Act, 1961. In the facts of the present case, it is an undisputable position that the payments made to non-resident

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ]

price for the GK 3 project equal to: (i) 4.10% of the FOB Mill value in U.S. Dollar for the quantity shipped is last ITA No. 1534/Ahd/2015 M/s. Panasonic Energy Inddia Co Ltd vs. Pri. CIT Assessment year: 2009-10 (18") Shipment. (a) GLOBAL SYNERGY INTERNATIONAL LTD agrees to unconditionally to fulfill the scope set therein by the virtue

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ]

price for the GK 3 project equal to: (i) 4.10% of the FOB Mill value in U.S. Dollar for the quantity shipped is last ITA No. 1534/Ahd/2015 M/s. Panasonic Energy Inddia Co Ltd vs. Pri. CIT Assessment year: 2009-10 (18") Shipment. (a) GLOBAL SYNERGY INTERNATIONAL LTD agrees to unconditionally to fulfill the scope set therein by the virtue

ASHWINI KUMAR SINGH,KOLKATA vs. DCIT(IT), CIRCLE-1(1), KOLKATA, KOLKATA

Appeal is allowed

Bench: Hon’Ble Shri S.S. Godara, Jm ] I.T. A No. 595/Kol/2017 A.Y 2012-13 Ashwini Kumar Singh V/S. D.C.I.T (It)- 1(1), Kolkata Pan: Bcxps7564P (Appellant) (Respondent)

195 ITR 534 (Mad), The facts before the Hon'ble Madras High Court were that the assessee in that case received pension from the Malaysian Govt. and claimed it as not taxable. The AO found that the assessee received the pension in India through the Accountant General Madras directly and hence the pension received is liable to tax In India

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S AT & S PVT. LTD., KARNATAKA

In the result, all three appeals filed by the Revenue are dismissed

Bench: Sh. J.Sudhakar Reddy & Sh. A.T.Varkey

Transfer Pricing Regulation, various judicial precedents in the USA and OECD guidelines/reports/commentaries. In this connection, the appellant placed reliance on the decision of the Hon'ble Supreme Court in the matter of Hon'ble Supreme Court of India in the matter of CIT v. A. Gajapathy Naidu reported in [1964] 53 ITR 114 wherein the Court interalia held that

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. AT & S INDIA PVT. LTD., MYSORE

In the result, all three appeals filed by the Revenue are dismissed

Bench: Sh. J.Sudhakar Reddy & Sh. A.T.Varkey

Transfer Pricing Regulation, various judicial precedents in the USA and OECD guidelines/reports/commentaries. In this connection, the appellant placed reliance on the decision of the Hon'ble Supreme Court in the matter of Hon'ble Supreme Court of India in the matter of CIT v. A. Gajapathy Naidu reported in [1964] 53 ITR 114 wherein the Court interalia held that

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

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

195/- and Long Term Capital Gains of Rs. 1,14,26,980/- (after deduction of Rs. 4,50,00,000 for capital Gains Bonds purchased). Subsequently, the CIT, Kolkata-II, vide her order u/s 263 of the Act, dated 14.12.2010, set aside the said assessment. The CIT in her order u/s 263, observed that the Assessing Officer had failed

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

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

195/- and Long Term Capital Gains of Rs. 1,14,26,980/- (after deduction of Rs. 4,50,00,000 for capital Gains Bonds purchased). Subsequently, the CIT, Kolkata-II, vide her order u/s 263 of the Act, dated 14.12.2010, set aside the said assessment. The CIT in her order u/s 263, observed that the Assessing Officer had failed

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

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

195/- and Long Term Capital Gains of Rs. 1,14,26,980/- (after deduction of Rs. 4,50,00,000 for capital Gains Bonds purchased). Subsequently, the CIT, Kolkata-II, vide her order u/s 263 of the Act, dated 14.12.2010, set aside the said assessment. The CIT in her order u/s 263, observed that the Assessing Officer had failed

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

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

195/- and Long Term Capital Gains of Rs. 1,14,26,980/- (after deduction of Rs. 4,50,00,000 for capital Gains Bonds purchased). Subsequently, the CIT, Kolkata-II, vide her order u/s 263 of the Act, dated 14.12.2010, set aside the said assessment. The CIT in her order u/s 263, observed that the Assessing Officer had failed

VIKASH SOLVEXTRACTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, ground Nos

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

195/- and Long Term Capital Gains of Rs. 1,14,26,980/- (after deduction of Rs. 4,50,00,000 for capital Gains Bonds purchased). Subsequently, the CIT, Kolkata-II, vide her order u/s 263 of the Act, dated 14.12.2010, set aside the said assessment. The CIT in her order u/s 263, observed that the Assessing Officer had failed

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

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

Bench: Hon’Ble Shri A.T.Varkey, Jm & Hon’Ble Shri M.Balaganesh, Am ] I.T.A No. 2489/Kol/2017 Assessment Year : 2013-14 M/S Philips India Ltd. -Vs- Acit, Circle-12(2), Kolkata (Formerly Philips Electronics India Ltd.) [Pan: Aabcp 9487 A] (Appellant) (Respondent)

195 The assessee provided the details about the receipt of services and the benefits from them by way of mails received from KPENV and Group entities and on the basis of these mails and their description, it was of the belief that the benefit test was substantiated. The assessee submitted the entire series of emails for each division under MSSA

M. K. SHAH EXPORTS LTD.,KOLKATA vs. DCIT, CIR-4, KOLKATA, KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.506 & 507/Kol/2017 ("नधा"रणवष" / Assessment Years: 2009-10& 2010-11) M/S. M. K. Shah Exports Ltd. Vs. D.C.I.T, Circle-4, Kolkata

transfer pricing adjustment confirmed by the CIT(A) for three Months, viz: January 1, 2010 to March 31, 2010.Therefore, considering the factual position and position in law as explained above, the grounds of appeal of the Revenue ( in ITA No.1274 & 1275/Kol/2017) are dismissed and Assessee`s appeals ( in ITA No. 506 & 507/Kol/2017)are allowed. Now we adjudicate other grounds raised