DONGFANG ELECTRIC CORPORATION,KOLKATA vs. ACIT (INTERNATIONAL TAXATION), CIRCLE - 1(1), KOLKATA , KOLKATA

In the result, both appeals filed by the assessee are allowed

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2563 & 2564/Kol/2017 ("नधा"रणवष" / Assessment Years: 2007-08 & 2008-09)

2) of section 92A of the Act to be considered as associated enterprises for the purpose of transfer pricing provisions

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

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

2) lays down the factors for determining comparability whereas; sub-rule (3) lays down the standard of comparability. The standard comparability not necessarily entails complete identity between the two transactions but sufficient similarity. It can be held to be sufficient similar if the differences between them is not material so as to effect price or profit in the open market

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. J. J. EXPORTERS LTD., KOLKATA

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

2) lays down the factors for determining comparability whereas; sub-rule (3) lays down the standard of comparability. The standard comparability not necessarily entails complete identity between the two transactions but sufficient similarity. It can be held to be sufficient similar if the differences between them is not material so as to effect price or profit in the open market

DCIT, KOL. , 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 No.286/Kol/2023 Assessment Year: 2019-20 Dcit, Kolkata.................................................................................Appellant Vs. Rungta Mines Ltd.................................................……...…..…..Respondent 8A, Express Tower, 42A, Shakespeare Sarani, Kolkata – 700017. [Pan: Aabcr6463N] Appearances By: Shri Raman Garg, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing :October 18, 2023 Date Of Pronouncing The Order : December 14, 2023 आदेश / Order संजय गग", "या"यकसद"य"वारा/ Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 20.01.2023 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’). 2. The Revenue In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Appreciating That Arm'S Length Price & Fair Market Value Are Two Different Concepts & The Role Of The Tpo Is Limited To Determination Of Arm'S Length Price

2), (3), and (4) of Section 42 read with Sections 39, 40, 86 and 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling them in that behalf, have passed regulations for the introduction of open access to the intra-state transmission and distribution systems and terms and conditions thereof. They have liberalised the erstwhile policies

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:

2), (3), and (4) of Section 42 read with Sections 39, 40, 86 and 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling them in that behalf, have passed regulations for the introduction of open access to the intra-state transmission and distribution systems and terms and conditions thereof. They have liberalised the erstwhile policies

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:

2), (3), and (4) of Section 42 read with Sections 39, 40, 86 and 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling them in that behalf, have passed regulations for the introduction of open access to the intra-state transmission and distribution systems and terms and conditions thereof. They have liberalised the erstwhile policies

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

sections 92 and 92A to 92F of the Act, read with Rules 10A to 10E of the Rules. In the said transfer pricing study report, the assessee has used the transactional net margin method and tested the margins of Almatis India. We note that the assessee adopted an incorrect approach of considering Almatis India as the tested party for analysis

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

sections 92 and 92A to 92F of the Act, read with Rules 10A to 10E of the Rules. In the said transfer pricing study report, the assessee has used the transactional net margin method and tested the margins of Almatis India. We note that the assessee adopted an incorrect approach of considering Almatis India as the tested party for analysis

TCG DIGITAL SOLUTIONS PRIVATE LIMITED,KOLKATA vs. ITO, WARD-2(4), KOLKATA, KOLKATA

In the result, Ground No. 5 and 6 raised by the assessee are allowed

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1571/Kol/2016 ("नधा"रणवष" / Assessment Year:2011-12)

sections 92 and 92A to 92F of the Act, read with Rules 10A to 10E of the Rules. In TCG Digital Solutions (P) Ltd Solutions (P) Ltd. Assessment Year:2011-12 the said transfer pricing study report, the assessee has used the transactional net margin method and tested the margins of Almatis India. We note that the assessee adopted

DCIT/ACIT, CIRCLE-6(2), KOLKATA, KOLKATA vs. M/S. EMAMI LIMITED, KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1065 & 1066/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13)

2) of section 92C, the arm’s length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely: (a) comparable uncontrolled price method, by which,— (i) the price charged or paid for property transferred or services provided in a comparable uncontrolled transaction

DCIT/ACIT, CIRCLE-6(2), KOLKATA, KOLKATA vs. M/S. EMAMI LIMITED, KOLKATA

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

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1065 & 1066/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13)

2) of section 92C, the arm’s length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely: (a) comparable uncontrolled price method, by which,— (i) the price charged or paid for property transferred or services provided in a comparable uncontrolled transaction

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

section 92A(2) of the Act. The assessee is engaged in 4 business segments as detailed below: 1. Consumer lifestyle 2. Healthcare 3. Lighting 4. Software Development Consumer Lifestyle consists of Domestic Appliances & Personal Care and Consumer Electronics divisions. It consists of Television, Shaving & Beauty, Audio & Video Multimedia, Domestic Appliances, Health & Wellness, and Peripherals & Accessories etc. A benchmarking study

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

section 92A(2) of the Act. The assessee is engaged in 4 business segments as detailed below: 1. Consumer lifestyle 2. Healthcare 3. Lighting 4. Software Development Consumer Lifestyle consists of Domestic Appliances & Personal Care and Consumer Electronics divisions. It consists of Television, Shaving & Beauty, Audio & Video Multimedia, Domestic Appliances, Health & Wellness, and Peripherals & Accessories etc. A benchmarking study

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. DEVELOPMENT CONSULTANTS LTD., KOLKATA

In the result, the appeal filed by the Revenue is dismissed and cross

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1591/Kol/2010 ("नधा"रण वष" / Assessment Year :2005-2006) Dy.Commissioner Of Income Vs. Development Consultants Tax, Cir-11, Kolkata, Ltd.,24B, Development House, P-7, Chowringhee Square, Park Street, Kolkata-700016 Kolkata-700069 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacd 8900 F .. (अपीलाथ" /Assessee) (""यथ" / Respondent)

section 92A of the Income-tax Act, 1961. The DClL provides engineering services to its clients who are engaged in turnkey projects at various industrial sites. It acts as a distributor undertaking marketing activities. The DCPL has TP study report, prepared by PWC ( big 4 audit firm) and analysis made by the assessee in its TP study report to justify

DEWARS GARAGE LIMITED ,ACIT vs. A CIT-5 (1) , KOLKATA

In the result, appeal of the assessee is dismissed

92a[or the Transfer Pricing Officer, as the case may be,] had been the subject matter96 of any appeal 97[filed on or before or after the 1st day of June, 198896], the powers of the*98[Principal Commissioner or] Commissioner under this sub-section shall extend 97[and shall be deemed always to have extended] to such matters

T.K.M.GLOBAL LOGISTICS LIMITED,KOLKATA vs. ACIT, WARD - 15(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2013-14 Tkm Global Logistics Limited.........………........................................................……………….…......Appellant Room No. 710 & 711 7Th Floor Diamond Heritage 16, Strand Road Kolkata – 700 001 [Pan : Aabct 2426 M] Vs. Asstt. Commissioner Of Income Tax, Ward-15(1), Kolkata………..........….………....…....Respondent Appearances By: Mr. Ajit Korde, Advocate & Ms. Rachna Agarwal, Ca, Appeared On Behalf Of The Assessee. Dr. P.K. Srihari, Cit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 26Th, 2019 Date Of Pronouncing The Order : December 11Th, 2019 Order Per J. Sudhakar Reddy, Am :-

Transfer Pricing Officer (TPO) rejected the internal comparables used by the company for benchmarking of the transaction, without internal comparables used by the company for benchmarking of the transaction, without internal comparables used by the company for benchmarking of the transaction, without giving any reason, whatsoeve giving any reason, whatsoever. Thus, he submits that the Assessing Officer/TPO violated r. Thus

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, the instant appeals filed by the assessee are partly allowed

Bench: Sri Manish Borad & Sri Sonjoy Sarma

2 that “whether the AEs of the assessee could have been accepted as a tested party for the purpose of determining the ALP”, we find that the Hon’ble Jurisdictional High Court has decided this issue confirming the view taken by this Tribunal observing as follows: “4. On the first issue, the Tribunal has discussed the same very elaborately. Perusal

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, the instant appeals filed by the assessee are partly allowed

Bench: Sri Manish Borad & Sri Sonjoy Sarma

2 that “whether the AEs of the assessee could have been accepted as a tested party for the purpose of determining the ALP”, we find that the Hon’ble Jurisdictional High Court has decided this issue confirming the view taken by this Tribunal observing as follows: “4. On the first issue, the Tribunal has discussed the same very elaborately. Perusal