M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional Ground for Assessment

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

Bench: Dr. Manish Borad & Sonjoy Sarma

271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional Ground for Assessment

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

transfer pricing study. 14. That on the facts and in the circumstances of the case, the Ld. AO has grossly erred and unjustified in initiating penalty proceedings u/s 271(1)(c) of the Act. 15. The Assessee craves leave to add to and/ or amend, alter, modify or rescind the grounds hereinabove before or at the time of hearing

M/S. TDK INDIA PRIVATE LIMITED (FORMERLY KNOWN AS EPCOS INDIA PRIVATE LIMITED),NADIA vs. DCIT, CIRCLE - 11(1) , KOLKATA

In the result appeal of the assessee for Assessment Year 2014-15 is partly allowed for statistical purposes and appeal of the assessee for Assessment Year 2015-16, is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

transfer pricing study. 14. That on the facts and in the circumstances of the case, the Ld. AO has grossly erred and unjustified in initiating penalty proceedings u/s 271(1)(c) of the Act. 15. The Assessee craves leave to add to and/ or amend, alter, modify or rescind the grounds hereinabove before or at the time of hearing

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

271 CTR 80 (Allahabad) (MAG.) wherein the Hon'ble High court held that where assessee objects before Assessing Officer that value adopted by stamp valuation authority under section 50C(1) exceeds fair market value of property on date of transfer, Assessing Officer may either accept valuation of property on basis of report of approved valuer filed by 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

271 CTR 80 (Allahabad) (MAG.) wherein the Hon'ble High court held that where assessee objects before Assessing Officer that value adopted by stamp valuation authority under section 50C(1) exceeds fair market value of property on date of transfer, Assessing Officer may either accept valuation of property on basis of report of approved valuer filed by assessee

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

RECKITT BENCKISER (INDIA) PVT. LTD.,GURGAON vs. D.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

RECKITT BENCKISER (INDIA) PVT LTD.,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA, KOLKATA

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaita Nos.78/Kol/2018 Assessment Year: 2013-14 &

271(1)(c) of the Act. 13. The above grounds are independent and without prejudice to each other. The appellant craves leave to add, amend, modify, alter, withdraw or vary any grounds of appeal either before or at the time of hearing of appeal proceedings.” 4. Facts of the case as stated in the order of Ld. Transfer Pricing Officer

M/S. LINDE INDIA LIMITED (FORMERLY BOC INDIA LIMITED),KOLKATA vs. JCIT, RANGE - 12, KOLKATA, KOLKATA

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

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 224/Kol/2016 Assessment Year: 2011-2012 M/S. Linde India Limited,..........................Appellant (Formerly Boc India Limited) ‘Oxygen House’, P-43, Taratala Road, Kolkata-700088 [Pan: Aaacb2528H] -Vs.- Joint Commissioner Of Income Tax,..........Respondent Range-12, Kolkata, Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri J.P. Khaitan, Sr. Counsel & Shri P. Jhunjhunwala, Advocate, Appeared On Behalf Of The Assessee Shri Rakesh Kumar Das, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : November 28, 2023 Date Of Pronouncing The Order : December 07, 2023 O R D E R Per Rajpal Yadav, Vice-(Kz):- The Assessee Is In Appeal Before The Tribunal Against The Assessment Order Dated 27.11.2015 Passed Under Section 144C(5) Read With Section 143(3) Of The Income Tax Act.

B 101,35,69,370/- difference in margins Total sale to AE (sale of 0.244%% finished goods + cylinder rental charges = 1,43,37,902 + 90,28,344 = 2,33,66,246) to total revenue 2,33,66,246 x 100 9,54,15,06,000 0.244% of the difference is 24,73,109/- the adjustment The total adjustment for purchase

RECKITT BENCKISER INDIA PRIVATE LIMITED,GURGAON, HARYANA vs. D.C.I.T., CIRCLE 11.1, KOLKATA, KOLKATA

Transfer Pricing Officer ('TPO')/ DRP/ AO erred in relying on extraneous consideration, unsubstantiated presumptions in holding that expenditure towards advertisement, marketing and promotion (‘AMP'), unilaterally incurred by the appellant, results in a separate international transaction.\n3(b) That, on the facts and in the circumstances of the case and in law, TPO/ DRP/ AO have erred in not appreciating that

RECKITT BENCKISER (INDIA) PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE-12(1), KOLKATA

Transfer Pricing\nOfficer ('TPO')/ DRP/ AO erred in relying on extraneous consideration,\nunsubstantiated presumptions in holding that expenditure towards\nadvertisement, marketing and promotion (‘AMP'), unilaterally incurred by the\nappellant, results in a separate international transaction.\n3(b) That, on the facts and in the circumstances of the case and in law, TPO/\nDRP/ AO have erred in not appreciating that

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

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.2308/Kol/2019 Assessment Year: 2004-05 M/S Philips India Limited.….............……….........…..........….…… Appellant 3Rd Floor, Tower A, Dlf Park, 08 Block Af, Major Arterial Road, New Town (Rajarhat), Kolkata-700156. [Pan: Aabcp9487A] Vs. Acit, Circle-12(2), Kolkata.......….....……........…...…...…..…..... Respondent Appearances By: Shri Ketan K Ved, Ca, Appeared On Behalf Of The Appellant. Shri Amal Kamat, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 17, 2022 Date Of Pronouncing The Order : February 06, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.07.2019 Of The Assessing Officer (In Short The ‘A.O’) Passed U/S 92Ca(3) & 144C Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Pursuance Of The Directions Of The Dispute Resolution Panel (Drp) Dated 14.05.2019. 2. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned Assessment Order Framed By The Assessing Officer Is Null & Void Being Framed Without Passing Of Draft Assessment Order. That The Assessing Officer Without Passing Of Draft Assessment Order & Without Giving Opportunity To The Assessee To File Objections Against The Said Draft Assessment Order As Per Provisions To Section 144C Of The

transfer pricing issue related to international transaction in terms of s.92C(3) of the Act, and after receipt of the TPO’s order u/s 92CA(3) of the Act, the Assessing Officer is required to pass draft assessment order incorporating the order of the TPO in terms of s.92CA(4) of the Act. 3.6 In view of the provisions under

M/S SOFTEL OVERSEAS PVT. LTD.,KOLKATA vs. A.C.I.T,CIRCLE-7(2), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2015-16 Softel Overseas Pvt. Ltd. Assistant Commissioner Of 224, Ajc Bose Road, 9Th Income Tax, Circle-7(2), Vs. Floor, Suite 912, Kolkata- Kolkata. 700017. (Pan: Aaics7132A) (Appellant) (Respondent)

Transfer Pricing Officer u/s. 92CA of the Act to determine ALP with respect to SDT u/s. 92BA(1) of the Act. 4.1. The adjustments made by the Ld. AO (TPO) while completing the assessment for the SDTs is tabulated as under: 2 Softel Overseas Pvt. ltd., AY 2015-16 3 Softel Overseas Pvt. Ltd. AY 2015-16 Name

M/S. ULTRATECH NATHDWARA CEMENT LTD.(FORMERLY KNOWN AS M/S. BINANI CEMENT LTD.,),KOLKATA vs. DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

271(1) (c) of the Act. 6. The appellant craves leave of your Honour to add to, alter, amend and/or delete all or any of the foregoing grounds of appeal on or before the date of hearing.” III. ITA No. 611/KOL/2015; ; A.Y. 2010-11: (1) That on the facts and circumstances of the case, the Ld. CIT(A) has erred

BINANI CEMENT LTD.,MUMBAI vs. D.C.I.T., CENTRAL CIRCLE-XXVIII, KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

271(1) (c) of the Act. 6. The appellant craves leave of your Honour to add to, alter, amend and/or delete all or any of the foregoing grounds of appeal on or before the date of hearing.” III. ITA No. 611/KOL/2015; ; A.Y. 2010-11: (1) That on the facts and circumstances of the case, the Ld. CIT(A) has erred

ACIT, CIR-14(1), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD.(KNOWN AS M/S BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

271(1) (c) of the Act. 6. The appellant craves leave of your Honour to add to, alter, amend and/or delete all or any of the foregoing grounds of appeal on or before the date of hearing.” III. ITA No. 611/KOL/2015; ; A.Y. 2010-11: (1) That on the facts and circumstances of the case, the Ld. CIT(A) has erred

DCIT, CENTRAL CIRCLE 2(2), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD. (KNOWN AS M/S. BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

Bench: Shri George Mathan & Shri Rakesh Mishra

271(1) (c) of the Act. 6. The appellant craves leave of your Honour to add to, alter, amend and/or delete all or any of the foregoing grounds of appeal on or before the date of hearing.” III. ITA No. 611/KOL/2015; ; A.Y. 2010-11: (1) That on the facts and circumstances of the case, the Ld. CIT(A) has erred

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

transferring, holding, disposing, and otherwise dealing and investing in shares, stocks, debentures, bonds, land, building, properties, obligation and securities. The company also carries on Software business as manufacturer, buyer, seller, trader, importer, exporter, distributor, broker, stockiest, and omission agent. The company was incorporated as a private company in 1976, promoted by Giriraj Kishor Agarwal and Tunu Agarwal. Other key persons