ZYDUS HEALTHCARE LTD,GANGTOK vs. ACIT, CIR. 3(2), GANGTOK

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 139/Kol/2021 Assessment Year: 2014-2015 Zydus Healhcare Limited,……..................Appellant (Successor To Zydus Healthcare Sikkim), 4Th Floor, ‘D’ Wing, Zudus Corporate Park, Scheme No. 63, Survey No. 536, Khoraj (Gandhinagar), Nr. Vaishnodevi Circle, Ahmedabad, Gandhinagar, Gujrat-382481 [Pan: Aaacg1895Q] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-3(2), Gangtok, Sikkim-737101 Appearances By: Shri Ajit Kumar Jain, Ca & Sonal Pandey, A.R., Appeared On Behalf Of The Assessee Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : January 18, 2023 Date Of Pronouncing The Order : February 20, 2023 O R D E R

iv)Ahemdabad Electricity Co. Ltd. v CIT |1993) 199 ITR 351 (Bom.); (v)Inaroo Ltd. v CIT [1993] 204 ITR 312 (Bom.); 2 Assessment Year: 2014-2015 Zydus Healthcare Limited (vi)Ashok Vardhan Birla v CWT [19941 208 ITR 958 (Bom.); (vii) CIT v Govindram Bros. Pvt. Ltd. [1983] 141 ITR 626 (Bom.). 4. The contention of the assessee

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

35. Ld. D.R. vehemently argued supporting the orders of ld. Transfer Pricing Officer and the ld. Assessing Officer. 36. Per contra, ld. counsel for the assessee reiterated the submissions made before the ld. CIT(Appeals), the finding of the ld. CIT(Appeals) are also referred to the following decisions of Coordinate Benches determining the arm’s length guarantee fees within

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

35. Ld. D.R. vehemently argued supporting the orders of ld. Transfer Pricing Officer and the ld. Assessing Officer. 36. Per contra, ld. counsel for the assessee reiterated the submissions made before the ld. CIT(Appeals), the finding of the ld. CIT(Appeals) are also referred to the following decisions of Coordinate Benches determining the arm’s length guarantee fees within

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

iv. the operation of accident and emergency services; disaster planning; environmental requirement; intensive care units; medical records; information system; policies and procedures development; professional relations; quality assurance; and any other aspect of the operation of the Hospital which is linked to the quality of service being offered. AY 2012-13 AY 2013-14 Apollo Gleneagles Hospital Ltd. 6 v. operating

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

iv. the operation of accident and emergency services; disaster planning; environmental requirement; intensive care units; medical records; information system; policies and procedures development; professional relations; quality assurance; and any other aspect of the operation of the Hospital which is linked to the quality of service being offered. AY 2012-13 AY 2013-14 Apollo Gleneagles Hospital Ltd. 6 v. operating

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

Section 115JB of the Act.” Respectfully following the said decision, we hold that the sum of Rs 1,42,89,924/- being the adjustment made to ALP of international transaction cannot be added back in the computation of book profits u/s 115JB of the Act. Accordingly, the Ground No. 26 raised by the assessee is allowed.” Thus respectfully following

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. GRAPHITE INDIA LTD., KOLKATA

In the result, considering the discussions made above, the appeal filed by the Revenue is partly allowed and the cross objection filed by the assessee are dismissed

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

iv) Ground no. 8 – issue of capital gain on transfer of land – consideration of cost of acquisition. v) Ground nos. 9 to 15 – transfer pricing adjustment with respect to corporate guarantee given by the appellant to its associated enterprises. Page 4 of 23 I.T.A. No.: 473/KOL/2018 C.O. No.: 65/KOL/2018 Assessment Year: 2007-08 M/s. Graphite India Ltd. 2. Before

DIC INDIA LTD.,,KOLKATA vs. DCIT, CIRCLE - 10(1), , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 2084/Kol/2018 Assessment Year: 2014-2015 Dic India Limited,..................................Appellant Transport Depot Road, Kolkata-700088 [Pan: Aabcc0703C] -Vs.- Deputy Commissioner Of Income Tax,......Respondent Circle-10(1), Aayakarbhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Akkaldudhwewala, A.R., Appeared On Behalf Of The Assessee Shri Hukumasema, Cit, Appeared On Behalf Of The Revenue

35 txmann.com 582 (Chennai - Trib), held that even if such segmental results were not shown in the audited financial 9 Assessment Year: 2014-2015 DIC India Limited accounts, they had to be accepted. The Coordinate Bench in the matter of InfotecLtd. v. ITO (supra) held that there was no legal requirement that the segment wiseworking submitted before the TPO should

MADHUBAN DEALERS PVT. LTD. PRESENTLY KNOWN AS MADHUBAN DEALERS LLP,KOLKATA vs. PCIT-13, KOLKATA

In the result, the appeal of assessee allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

35 of the paper book filed by the AO in terms of section 150(1) of the Act. It is noted that no approval was accorded nor reasons were recorded or signed by Addl./Joint CIT, Range-4, Kolkata and consequently, the notice dated 28.03.2017 issued u/s. 148 as well as the order dated 27.12.2017 passed u/s. 144/147

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- V (I), KOLKATA vs. BIRLA CORPORATION LIMITED, BIRLA BUILDING

In the result, both the appeals of the revenue is dismissed, as also the cross objection filed by the assessee for both the years

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

iv) In addition to the addition u/s 14A read with rule 8D of the Rules, the Ld. AO added the enhanced amount of Rs. 6,82,71,486/- for the purposes of computing book profit u/s 115JB of the Act. (v) The Ld. CIT(A) allowed claiming of TCS to the assessee even when the same was not claimed

PCBL LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 11(1),, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition of Rs. 2,01,35,978/- by declining the claim of deduction of education cess secondary education and higher education cess. Total income assessed

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition of Rs. 2,01,35,978/- by declining the claim of deduction of education cess secondary education and higher education cess. Total income assessed

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(1), KOLKATA, KOLKATA vs. PHILIPS CARBON BLACK LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition of Rs. 2,01,35,978/- by declining the claim of deduction of education cess secondary education and higher education cess. Total income assessed

PRAMOD LAKRA,DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD., KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition of Rs. 2,01,35,978/- by declining the claim of deduction of education cess secondary education and higher education cess. Total income assessed

PRAMOD LAKRA, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. PHILLIPS CARBON BLACK LTD, KOLKATA

In the result, all the appeals of the revenue are dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

iv) Addition of Rs. 3,24,18,037/- u/s 35(2)(ab) of the Act. v) Addition of Rs. 1,10,55,000/- deduction u/s Chapter VIA i.e. 80G vi) Addition of Rs. 2,01,35,978/- by declining the claim of deduction of education cess secondary education and higher education cess. Total income assessed

DCIT, CIRCLE-5(1), KOLKATA vs. S K SARAWAGI AND COMPANY PRIVATE LIMITED, KOLKATA

Appeals are partly allowed

Bench: The O/O Pcit-2, Kolkata 23.01.2024 Certificate Of Filing 2Nd Appeal Was Received From The O/O Pr. Cit-2, Kolkata 24.01.2024 Necessary Hardcopies Of Documents/ Paper/ Details Required For Filing 2Nd Appeal Before The Hon’Ble Itat, Kolkata Were Collected & Prepared. 25.01.2024 2Nd Appeal Was Filed

Transfer Pricing Officer's order. Its case is that a corporate guarantee amounts to an international transaction as per section 92B Explanation inserted by the Finance Act 2012 w.e.f. 01.04.02. We find no merit in Revenue's instant grievance since various judicial precedents (2016) 157 ITD 132(Ahd), Tega Industries Ltd. vs. DCIT (ITA 1912/Kol/2012 dated 21.09.16) & Bharti Airtel

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), KOLKATA vs. DHUNSERI VENTURES LIMITED, KOLKATA

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

1,65,422/- being cost of service and facility provided at the club. The AO disallowed the expenditure on the ground of being personal in nature and not related to the business of the assessee. 4. Aggrieved by the same, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been partly allowed

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

iv) Hindusthan paper Corporation No.47/Kol/2012. Ltd. in ITA\nNO.47/KOL/2012\nThe aforesaid judgements will not support the case of the assessee\nas the same are rendered in the different facts altogether. In the\naforesaid decisions, the ratio was that only those expenditures which\nhas nexus to the exempt income are to be disallowed. However in the\npresent case the nexus between

NATIONAL ENGINEERING INDUSTRIES LIMITED,KOLKATA vs. DCIT, CIRCLE 5(1), , KOLKATA

Appeal of the assessee is partly allowed

Bench: SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

transfer pricing adjustment of Rs.45,18,279/ made on account of corporate guarantee was unjustified and deserves to be deleted in full. 1.2 For that on the facts and in the circumstances of the case and in law and without prejudice to the above, the Ld. CIT(A) grossly erred on facts and in law in upholding