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

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

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

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

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

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

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

transfer pricing adjustment made for deduction u/s 80IA of the Act raised by the Revenue are dismissed. Revenue’s common Ground no. 3 for AY 2013-14 & 2014-15 relating to the claim of compensation paid for obtaining limestone connected to mining activity: 10. We have heard rival contentions and perused the records placed before us. We find that this

DCIT, KOLKATA vs. HIMADRI SPECIALITY CHEMICAL LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

Transfer Pricing Officer computed the Arm's Length Price of SBLC issued by the SBI at the rate of 1.62% which comes to ₹9,92,126/-. While, the Id. CIT (A) reduced the Arm's Length Price to 0.5% by observing and holding as under:-\n\"4.6 Furthermore, the assessee emphasized that the guarantee transaction was not specifically designed

M/S TEGA INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri George Mathan & Shri Rakesh Mishra

Pricing Adjustment 24,79,701 I.T.A. No.: 2597/KOL/2024 Assessment Year: 2021-22 M/s. Tega Industries Ltd. 7. The Ld. AR argued before us that corporate guarantee is not an international transaction. However, without prejudice he also came up with an alternate argument which is also mentioned at para 2.2.3 in ground no. 2 of the appeal that the same

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

Transfer Pricing Study Report filed by the assessee before him and such other documents as were required together with detailed submissions to justify the arm’s length price computed in respect of the international and domestic transactions. The assessee had been a guar- antor to a loan provided by RABO Bank to M/s Kahatura Holdings Ltd. as part of shareholder

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

Transfer Pricing Study Report filed by the assessee before him and such other documents as were required together with detailed submissions to justify the arm’s length price computed in respect of the international and domestic transactions. The assessee had been a guar- antor to a loan provided by RABO Bank to M/s Kahatura Holdings Ltd. as part of shareholder

JCIT (OSD), CIR-11(1), , KOLKATA vs. M/S. AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

254) Mumbai ITAT upheld the order of Reliance CIT(A) to charge guarantee Industries Limited commission at the rate of 0.38% Mumbai 5 (dated September 0.38% being the ALP for the guarantee ITAT 13, 2013) (Mumbai (ITA No. 885/Mum/2009 and Tribunal) ITA No.1725/Mum/2009) Mumbai ITAT directed the AO/TPO to adopt the 0.5% as guarantee commission charges in Manugraph India Mumbai

JCIT(OSD), CIR-II(1). , KOLKATA vs. M./S AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

254) Mumbai ITAT upheld the order of Reliance CIT(A) to charge guarantee Industries Limited commission at the rate of 0.38% Mumbai 5 (dated September 0.38% being the ALP for the guarantee ITAT 13, 2013) (Mumbai (ITA No. 885/Mum/2009 and Tribunal) ITA No.1725/Mum/2009) Mumbai ITAT directed the AO/TPO to adopt the 0.5% as guarantee commission charges in Manugraph India Mumbai

PHILIPS INDIA LIMITED (EARLIER KNOWN AS PHILIPS ELECTRONICS INDIA LIMITED),KOLKATA vs. ACIT, CIRCLE - 12(2), , KOLKATA

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11

254, 144C(5) & 92CA(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) Act dated 04.01.2021 against the direction of Dispute Resolution Panel-2, New Delhi vide Order No. F. No. DRP-2/Del/2018-19/416 dated 28.09.2018 passed u/s. 144C of the Act. 2. This is third round of litigation by the assessee and the relevant facts

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

Transfer Pricing\nOfficer, Kolkata (\"TPO\") u/s 92CA(1) of the Act. The Ld. TPO computed\nthe Arm's Length Price and passed an Order u/s 92CA(3) of the Act on\nJanuary 25, 2016. On receipt of the Ld. TPO's order, the Draft\nAssessment Order was passed on 10.03.2016 and was sent to the\nassessee. Vide letter dated 22nd

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

Transfer Pricing\nOfficer, Kolkata (\"TPO\") u/s 92CA(1) of the Act. The Ld. TPO computed\nthe Arm's Length Price and passed an Order u/s 92CA(3) of the Act on\nJanuary 25, 2016. On receipt of the Ld. TPO's order, the Draft\nAssessment Order was passed on 10.03.2016 and was sent to the\nassessee. Vide letter dated 22nd

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

Transfer Pricing\nOfficer, Kolkata (\"TPO\") u/s 92CA(1) of the Act. The Ld. TPO computed\nthe Arm's Length Price and passed an Order u/s 92CA(3) of the Act on\nJanuary 25, 2016. On receipt of the Ld. TPO's order, the Draft\nAssessment Order was passed on 10.03.2016 and was sent to the\nassessee. Vide letter dated 22nd

D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

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

Transfer Pricing\nOfficer, Kolkata (\"TPO\") u/s 92CA(1) of the Act. The Ld. TPO computed\nthe Arm's Length Price and passed an Order u/s 92CA(3) of the Act on\nJanuary 25, 2016. On receipt of the Ld. TPO's order, the Draft\nAssessment Order was passed on 10.03.2016 and was sent to the\nassessee. Vide letter dated 22nd

DCIT, CIR. 5(1), KOLKATA vs. KARAM CHAND THAPAR & BROS COAL SALES LTD., KOLKATA

In the result, appeal of the Revenue for AY 2015-16 is partly allowed and appeal for AY 2016-17 is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. Nos. 320 & 321/Kol/2021 Assessment Years: 2015-16 & 2016-17 Deputy Commissioner Of Income Tax,........Appellant Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Karam Chand Thapar & Bros. Coal Sales Limited,........................Respondent 25, Brabourne Road, Kolkata-700001 [Pan;Aabck1281H] Appearances By: Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Shri N.S. Saini, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : January 02, 2023 Date Of Pronouncing The Order : February 28, 2023 O R D E R

Transfer Pricing Adjustment on account of fees / commission for Corporate Guarantee given by the assessee on behalf of its Associated Enterprise (in short ‘AE’), and the second relating to disallowance towards deposit of employee PF & ESI contribution claimed under section 36(1)(va) of the Act since payment was made beyond the due date of filing the return

DCIT, CIR. 5(1), KOLKATA vs. KARAM CHAND THAPAR & BROS COAL SALES LTD., KOLKATA

In the result, appeal of the Revenue for AY 2015-16 is partly allowed and appeal for AY 2016-17 is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. Nos. 320 & 321/Kol/2021 Assessment Years: 2015-16 & 2016-17 Deputy Commissioner Of Income Tax,........Appellant Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Karam Chand Thapar & Bros. Coal Sales Limited,........................Respondent 25, Brabourne Road, Kolkata-700001 [Pan;Aabck1281H] Appearances By: Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Shri N.S. Saini, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : January 02, 2023 Date Of Pronouncing The Order : February 28, 2023 O R D E R

Transfer Pricing Adjustment on account of fees / commission for Corporate Guarantee given by the assessee on behalf of its Associated Enterprise (in short ‘AE’), and the second relating to disallowance towards deposit of employee PF & ESI contribution claimed under section 36(1)(va) of the Act since payment was made beyond the due date of filing the return

DCIT, CIR-5(1), , KOLKATA vs. M/S COAL INDIA LTD., KOLKATA

254 Taxman 325 (SC)/[2018] 402\nITR 640 (SC)/[2018] 301 CTR 489 (SC)[12-02-2018] in which the\nfacts were that the assessee was engaged, in the business of finance,\ninvestment and dealing in shares and securities. It held\nshares/securities in two portfolios: (a) as investment on capital account;\nPage 36\nITA Nos.: 466, 622, 467, 623/KOL/2018 &\n1406