DCIT CC-1(3),KOLKATA, KOLKATA vs. RUNGTA MINES LIMITED, KOLKATA

In the result, the appeal of the revenue stands dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.801&802/Kol/2023 Assessment Years: 2017-18 & 2018-19 Dcit, Cc-1(3), Kolkata …….........................................................……Appellant Vs. Rungta Mines Ltd..........................................……........……...…..…..Respondent 8A, Express Tower, 42A, Shakespeare Sarani, Kolkata- 700017. [Pan: Aabcr6463N] Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri S. Dutta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 20, 2023 Date Of Pronouncing The Order : December 15, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Both Dated 31.05.2023 Of The Commissioner Of Income Tax (Appeals) – 22, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Facts & Issues Involved In Both The Appeals Are Common & The Same Have Been Heard Together, Therefore, These Are Being Adjudicated By This Common Order. Ita No.801/Kol/2023 Is Taken As The Lead Case. 2. Ita No.801/Kol/2023 – The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

250 of the Income Tax Act (hereinafter referred to as the ‘Act’) respectively. Since, the facts and issues involved in both the appeals are common and the same have been heard together, therefore, these are being adjudicated by this common order. ITA No.801/Kol/2023 is taken as the lead case. 2. ITA No.801/Kol/2023 – The assessee in this appeal has taken

DCIT, CC-1(3), KOLKATA, KOLKATA vs. RUNGTA MINES LIMITED, KOLKATA

In the result, the appeal of the revenue stands dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.801&802/Kol/2023 Assessment Years: 2017-18 & 2018-19 Dcit, Cc-1(3), Kolkata …….........................................................……Appellant Vs. Rungta Mines Ltd..........................................……........……...…..…..Respondent 8A, Express Tower, 42A, Shakespeare Sarani, Kolkata- 700017. [Pan: Aabcr6463N] Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri S. Dutta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 20, 2023 Date Of Pronouncing The Order : December 15, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Both Dated 31.05.2023 Of The Commissioner Of Income Tax (Appeals) – 22, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Facts & Issues Involved In Both The Appeals Are Common & The Same Have Been Heard Together, Therefore, These Are Being Adjudicated By This Common Order. Ita No.801/Kol/2023 Is Taken As The Lead Case. 2. Ita No.801/Kol/2023 – The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

250 of the Income Tax Act (hereinafter referred to as the ‘Act’) respectively. Since, the facts and issues involved in both the appeals are common and the same have been heard together, therefore, these are being adjudicated by this common order. ITA No.801/Kol/2023 is taken as the lead case. 2. ITA No.801/Kol/2023 – The assessee in this appeal has taken

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

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

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

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

UNISYS SOFTWARES AND HOLDING IND. LTD.,KOLKATA vs. DCIT, CIR. 8(2), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2011-12

Section 250 (6) of the Act. In response to the notice of hearing no one has come present on behalf of the assessee. A letter is being sent dated 16.02.2024 contending therein that written submission and paperbook was already filed before the Tribunal. A paperbook running into 299 pages has been filed by the assessee which contains first 60 pages

INCOME TAX OFFICER, ESPLANADE AAYAKAR BHAVAN vs. ALERT CONSULTANTS AND CREDIT PVT LTD, R N MUKHERJEE ROAD

In the result, the appeal of the revenue stands dismissed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

6 Alert Consultants & Credit Pvt.Ltd. AY 2012-13 nor any asset base. However, the appellant has submitted that it had assets exceeding Rs. 3 crores as on 31.03.2012. However, the appellant has not said anything about its business and its turnover. The AO has held the share premium to be extraordinarily high but had not examined the valuation report

DCIT, CIRCLE-6(1), KOLKATA vs. M/S. IFB AGRO INDUSTRIES LTD., KOLKATA

In the result, both the appeals filed by the revenue in ITA No

Bench: Dr. Manish Borad&Shri Anikesh Banerjee]

250 of the Income Tax Act, 1961 (in brevity the ‘Act’) for assessment years2013-14 & 2014-15. The impugned order was 2 I.T.A. Nos.490 & 491/Kol/2019 Assessment Years: 2013-14 & 2014-15 M/s IFB Agro Industries Ltd. emanated from the order of the ld. DCIT, Circle-6(1), Kolkata (in brevity the ‘AO’) passed u/s 143(3)of the Act dated

DCIT, CIRCLE-6(1), KOLKATA vs. M/S. IFB AGRO INDUSTRIES LTD., KOLKATA

In the result, both the appeals filed by the revenue in ITA No

Bench: Dr. Manish Borad&Shri Anikesh Banerjee]

250 of the Income Tax Act, 1961 (in brevity the ‘Act’) for assessment years2013-14 & 2014-15. The impugned order was 2 I.T.A. Nos.490 & 491/Kol/2019 Assessment Years: 2013-14 & 2014-15 M/s IFB Agro Industries Ltd. emanated from the order of the ld. DCIT, Circle-6(1), Kolkata (in brevity the ‘AO’) passed u/s 143(3)of the Act dated

NORMURA RESEARCH INSTITURE FINANCIAL TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT,CIRCLE-2(2), KOL, KOLKATA

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

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2012-13

250/- computed by the Appellant as per provisions of section 115JB of the Act. 3. For that the Assessing Officer erred in allowing MAT credit of only INR 2,985,433/- in his final computation of tax as against MAT credit of INR 8,743,892/- claimed by the Appellant in its income tax return. 4. For that the Authorities

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AYs 2014-15 and 2015-16. As both the appeals involve a common issue, the same were heard together and are being disposed of vide this common order for the sake of brevity and convenience. 2. The grounds of appeal raised by the assessee

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AYs 2014-15 and 2015-16. As both the appeals involve a common issue, the same were heard together and are being disposed of vide this common order for the sake of brevity and convenience. 2. The grounds of appeal raised by the assessee

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

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 ITA No.1964/Kol/2019 : 2. The revenue in this appeal has taken the following grounds of appeal: 1. That on the facts and circumstances of the case

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-6, Kolkata [in short ld. “CIT(A)”] dated 30.07.2018 which are arising out of the assessment orders framed u/s 143(3) of the Act. 2. The Revenue is in appeal before this Tribunal raising the following grounds: ITA No. 2142/KOL/2018 Assessment Year

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-6, Kolkata [in short ld. “CIT(A)”] dated 30.07.2018 which are arising out of the assessment orders framed u/s 143(3) of the Act. 2. The Revenue is in appeal before this Tribunal raising the following grounds: ITA No. 2142/KOL/2018 Assessment Year

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT, CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-6, Kolkata [in short ld. “CIT(A)”] dated 30.07.2018 which are arising out of the assessment orders framed u/s 143(3) of the Act. 2. The Revenue is in appeal before this Tribunal raising the following grounds: ITA No. 2142/KOL/2018 Assessment Year

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

Bench: Sri Rajpal Yadav & Dr. Manish Borad

250 of the Income Tax Act, 1961 (in short the “Act”) by ld. Commissioner of Income-tax (Appeals)-6, Kolkata [in short ld. “CIT(A)”] dated 30.07.2018 which are arising out of the assessment orders framed u/s 143(3) of the Act. 2. The Revenue is in appeal before this Tribunal raising the following grounds: ITA No. 2142/KOL/2018 Assessment Year

THE INDRA COMPANY LIMITED(AS SAUMYA TRADE & FISCAL SERVICES P. LTD. MERGED INTO THE INDRA CO. LTD.),KOLKATA vs. I.T.O., WARD - 12(3),, KOLKATA

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

250 of the Income Tax Act,\n1961 (hereinafter referred to as “the Act”) for AY 2016-17 dated\n05.08.2024, which has been passed against the assessment order u/s\n143(3) of the Act, dated 19.12.2018.\n2. The assessee is in appeal before the Tribunal raising the following\ngrounds of appeal:\n\"01. Against partly sustaining the disallowance of long term

GE HEALTHCARE FINLAND OY(FORMERLY KNOWN AS INSTRUMENTARIUM CORPORATION LTD,BANGALORE vs. DY. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION -1(1), KOLKATA

In the result, all the two appeals of the assessee are allowed in part

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal]

250 of the Income Tax Act (hereinafter referred to as the ‘Act’). Since, the facts and issues involved in both the appeals are common and the same have been heard together, therefore, these are being adjudicated by this common order. 2. ITA No.310/Kol/2021, A.Y 2005-06 – The assessee in this appeal has taken the following grounds of appeal: “1. That

GE HEALTHCARE FINLAND OY(FORMERLY KNOWN AS INSTRUMENTARIUM CORPORATION LTD,BANGALORE vs. DY. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION -1(1), KOLKATA

In the result, all the two appeals of the assessee are allowed in part

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawal]

250 of the Income Tax Act (hereinafter referred to as the ‘Act’). Since, the facts and issues involved in both the appeals are common and the same have been heard together, therefore, these are being adjudicated by this common order. 2. ITA No.310/Kol/2021, A.Y 2005-06 – The assessee in this appeal has taken the following grounds of appeal: “1. That