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

Section 92C of the Income-tax Act, 1961, read with RULE 10B of the Income-Tax Rules, 1962 – Transfer pricing – Computation of arm’s length price – Assessment year 2006-07 – Where in every year, assessee was submitting TP report by using different filters for selecting or eliminating comparables in such a way that would give only uniform result

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

Section 92C of the Income-tax Act, 1961, read with RULE 10B of the Income-Tax Rules, 1962 – Transfer pricing – Computation of arm’s length price – Assessment year 2006-07 – Where in every year, assessee was submitting TP report by using different filters for selecting or eliminating comparables in such a way that would give only uniform result

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

Section 92C of the Income-tax Act, 1961, read with RULE 10B of the Income-Tax Rules, 1962 – Transfer pricing – Computation of arm’s length price – Assessment year 2006-07 – Where in every year, assessee was submitting TP report by using different filters for selecting or eliminating comparables in such a way that would give only uniform result

M/S DATA CORE (INDIA) PVT. LTD.,KOLKATA vs. ITO, WD-2(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee for the Asst Year 2010-11 is allowed, appeal of the revenue for Asst Year 2011-12 is dismissed and cross objection of the assessee for the Asst

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 387/Kol/2015 Assessment Year : 2010-11 M/S Data Core (India) Pvt. Ltd. -Vs- I.T.O., Ward-2(2), Kolkata [Pan: Aabcd 1188 Q] (Appellant) (Respondent)

transfer pricing study report before the ld TPO wherein it had described its international transactions with its AEs, undertaken functional, asset and risk analysis with respect to each international transaction and absed on the same had undertaken transactional level economic analysis to determine the Arm’s length price for the same. For the transaction pertaining to rendering of services

ITO, WD-2(2), KOLKATA, KOLKATA vs. M/S DATA CORE INDIA PVT. LTD., KOLKATA

In the result, the appeal of the assessee for the Asst Year 2010-11 is allowed, appeal of the revenue for Asst Year 2011-12 is dismissed and cross objection of the assessee for the Asst

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 387/Kol/2015 Assessment Year : 2010-11 M/S Data Core (India) Pvt. Ltd. -Vs- I.T.O., Ward-2(2), Kolkata [Pan: Aabcd 1188 Q] (Appellant) (Respondent)

transfer pricing study report before the ld TPO wherein it had described its international transactions with its AEs, undertaken functional, asset and risk analysis with respect to each international transaction and absed on the same had undertaken transactional level economic analysis to determine the Arm’s length price for the same. For the transaction pertaining to rendering of services

M/S. PHILIPS INDIA LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am M/S Philips India Limited Dcit, Circle 11(1) 3Rd Floor, Tower-A, Dlf Park, Aaykar Bhavan, P-7, 08 Block Af, Major Arterial Chowringhee Square, Road, New Town (Rajarhat), Vs. Kolkata-700069, Kolkata-700156, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcp9487A Assessee By : Shri Ketan Ved, Ar Revenue By : Shri A. Kundu, Cit Dr Date Of Hearing: 07.03.2025 Date Of Pronouncement : 11.03.2025

251,22,39,330/-, which was revised on 25.03.2022, to ₹263,59,62,360/-. The case was selected for scrutiny and statutory notices duly issued and served upon the assessee. The assessee, Philips India Limited, is a subsidiary company of the Netherlands-based Koninklijke Philips N.V. (KPNV). The company business segment comprises of (a) Personal Health (b) health care systems

DCIT, CC-3(3), KOLKATA vs. M/S ANKIT METAL & POWER LTD., KOLKATA

In the result, the appeal of Revenue is dismissed

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

transfer pricing adjustment by holding as follows: “The appellant had furnished comparative statements which showed that the weighted average price at which AE sold raw materials to unrelated parties was comparable with the price at which the raw material was sold to the appellant. The Ld. TPO did not dispute the application of internal CUP in the given facts

DCIT, CIR-10, KOLKATA, KOLKATA vs. M/S AKZO NOBEL INDIA LTD., KOLKATA

In the result appeal by the Revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

section to provide that the claim for the bad debt will be allowed in the year in which such a bad debt has been written off as irrecoverable in the accounts of the assessee. 6.4. In as much as the assessee in the annual accounts for FY 2008-09 has written off an amount of Rs.3

M/S AKZO NOBEL INDIA LTD.,KOLKATA vs. DCIT, CIR-10, KOLKATA, KOLKATA

In the result appeal by the Revenue is dismissed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am]

section to provide that the claim for the bad debt will be allowed in the year in which such a bad debt has been written off as irrecoverable in the accounts of the assessee. 6.4. In as much as the assessee in the annual accounts for FY 2008-09 has written off an amount of Rs.3

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

In the result, the appeal of the revenue is dismissed and cross objections of assessee are allowed

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

transfer pricing order passed u/s 92CA(3) of the Act dated 27.10.2016, copy of which is found placed at Pages 266 to 267 of the paper book. However, according to Ld. AR, while completing the assessments u/s 143(3) on 30.12.2016 for AYs 2013-14 & 2014-15, the AO arbitrarily held in both the assessments that the profits reported

SIKA INDIA PVT. LTD.,KOLKATA vs. DCIT, CIR-11, KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

Transfer Pricing Regulation. 24. Further, it is also a fact that the aforesaid intra-group service charge was allowed as deduction by TPO for the assessment years 2005-06, 2006-07, 2007- 08 and 2008-09. In this connection, Ld. Counsel referred to the decision of the Hon'ble Calcutta High Court in the case of CIT vs. Britannia Industries

DCIT, CIR-11, KOLKATA, KOLKATA vs. M/S SIKA INDIA PVT. LTD., KOLKATA

In the result, appeal of the assessee is allowed in part and in appeal of the revenue is dismissed

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi]

Transfer Pricing Regulation. 24. Further, it is also a fact that the aforesaid intra-group service charge was allowed as deduction by TPO for the assessment years 2005-06, 2006-07, 2007- 08 and 2008-09. In this connection, Ld. Counsel referred to the decision of the Hon'ble Calcutta High Court in the case of CIT vs. Britannia Industries

D.C.I.T CIR - 5,KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES LIMITED, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided

KESORAM INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE-5(1), KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided

KESORAM INDUSTRIES LTD.,KOLKATA vs. DCIT, CIR-5, KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided

ACIT, CIRCLE-5, KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES. LTD, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided

KESORAM INDUSTRIES LTD.,KOLKATA vs. ADD.CIT,RANGE-5,, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided

KESORAM INDUSTRIES LIMITED,KOLKATA vs. ADDL C.I.T RG - 5,KOLKATA, KOLKATA

In the result the revenue’s appeals for A

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

transfer value and deduction under section 80IA(4) of the Act. The relevant findings and direction issued by the Ld. CIT(A) in this regard were as follows: “32. The Hon’ble ITAT ‘B’ Bench, Kolkata in the case of DCIT, Cir-8, Kolkata vs M/s. ITC Ltd. Kolkata in ITA No. 18 (Kol) of 2006 decided