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

In the result, all the captioned appeals of the Revenue stand dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.1880,1881&1882/Kol/2018 Assessment Years: 2011-12,2012-13 & 2013-14 Dcit, Circle-11(1), Kolkata.........................….................……...…..…Appellant Vs. M/S Eveready Industries India Ltd.........................................…..…..Respondent 2, Rainey Park, Kolkata-700019. [Pan: Aaace5778N] Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri P.P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : March 30, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 22.06.2018 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’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.1880/Kol/2018 For Assessment Year 2011-12 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.1880/Kol/2018 – The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

transfer pricing adjustment and application of CUP method undertaken by the assessee for benchmarking the interest rate on loan advanced to associate enterprises. Further the assessee had explained that it was not a mere loan transaction, rather, it was on pure business consideration. The loan was advanced by the assessee to its wholly owned subsidiary for strategic acquisition abroad with

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

In the result, all the captioned appeals of the Revenue stand dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.1880,1881&1882/Kol/2018 Assessment Years: 2011-12,2012-13 & 2013-14 Dcit, Circle-11(1), Kolkata.........................….................……...…..…Appellant Vs. M/S Eveready Industries India Ltd.........................................…..…..Respondent 2, Rainey Park, Kolkata-700019. [Pan: Aaace5778N] Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri P.P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : March 30, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 22.06.2018 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’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.1880/Kol/2018 For Assessment Year 2011-12 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.1880/Kol/2018 – The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

transfer pricing adjustment and application of CUP method undertaken by the assessee for benchmarking the interest rate on loan advanced to associate enterprises. Further the assessee had explained that it was not a mere loan transaction, rather, it was on pure business consideration. The loan was advanced by the assessee to its wholly owned subsidiary for strategic acquisition abroad with

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

In the result, all the captioned appeals of the Revenue stand dismissed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.1880,1881&1882/Kol/2018 Assessment Years: 2011-12,2012-13 & 2013-14 Dcit, Circle-11(1), Kolkata.........................….................……...…..…Appellant Vs. M/S Eveready Industries India Ltd.........................................…..…..Respondent 2, Rainey Park, Kolkata-700019. [Pan: Aaace5778N] Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri P.P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : March 30, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders All Dated 22.06.2018 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’). Since, Common Issues Are Involved In All The Appeals, Hence These Have Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.1880/Kol/2018 For Assessment Year 2011-12 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.1880/Kol/2018 – The Revenue In This Appeal Has Taken The Following Grounds Of Appeal:

transfer pricing adjustment and application of CUP method undertaken by the assessee for benchmarking the interest rate on loan advanced to associate enterprises. Further the assessee had explained that it was not a mere loan transaction, rather, it was on pure business consideration. The loan was advanced by the assessee to its wholly owned subsidiary for strategic acquisition abroad with

PRIMETALS TECHNOLOGIES INDIA PVT. LTD.,KOLKATA vs. ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

Pricing Officer (in short ‘ld. TPO’) u/s. 92CA(1) of the Act. The ld. TPO made certain upward and downward adjustments and further when the assessee approached the ld. DRP against the said proposed adjustment by the ld. TPO, assessee got part relief. Thereafter, the ld. Assessing Officer prepared the final assessment order making various additions/disallowance along with TP adjustments

PRIMETALS TECHNOLOGIES INDIA PRIVATE LIMITED,KOLKATA vs. ACIT, CIRCLE-1(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 371 & 372/Kol/2022 Assessment Year: 2017-18 & 2018-19 Primetals Technologies India Pvt. Ltd. Acit, Circle-1(1), Kolkata 5Th Floor, Tower-C Vs Dlf, It Park-I 08 Majore Arterial Road New Town Kolkata - 700156 [Pan : Aaecv9657M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ajoy Vora, Sr. Advocate & Pooja Saraf, Ar Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 16/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeals Are Directed At The Instance Of The Assessee Against The Final Assessment Orders Framed U/S 143(3) R.W.S. 144C & 144C(5) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) By The Deputy Commissioner Of Income Tax, Circle – 1(1), Kolkata (Hereinafter The “Ld. Ao”) Even Dt. 29/04/2022, Passed In Pursuance Of The Directions Of The Ld. Dispute Resolution Panel -2, New Delhi, Dt. 18/02/2022 For Assessment Year 2017-18 & Dt. 04/03/2022 For Assessment Year 2018-19, Passed U/S 144C(5) Of The Act. 2. The Assessee Has Raised The Following Grounds Of Appeal For Assessment Year 2017-18:- “Ground 1:

Pricing Officer (in short ‘ld. TPO’) u/s. 92CA(1) of the Act. The ld. TPO made certain upward and downward adjustments and further when the assessee approached the ld. DRP against the said proposed adjustment by the ld. TPO, assessee got part relief. Thereafter, the ld. Assessing Officer prepared the final assessment order making various additions/disallowance along with TP adjustments

MECLEOD RUSSEL INDIA LTD.,KOLKATA vs. A.C.I.T., CIRCLE - 4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

Bench: the due date of filing of return u/s 139(1) of the Act.

transfer pricing adjustment of Rs.2,98,142/- made on account of the purchase of goods by the appellant is vitiated by an error in law and fact and is therefore liable to be deleted. 4. For that the Assessing Officer erred in law and on facts in making disallowance of Rs.30,85,965/- u/s 36(1)(va) read with section

MCLEOD RUSSEL INDIA LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-4(1), KOLKATA, KOLKATA

The appeals of the assessee are partly allowed

Bench: the due date of filing of return under Section 139(1) of the Act.

transfer pricing adjustment of Rs.2,98,142/- made on account of the purchase of goods by the appellant is vitiated by an error in law and fact and is therefore liable to be deleted. 4. For that the Assessing Officer erred in law and on facts in making disallowance of Rs.30,85,965/- u/s 36(1)(va) read with section

IVL DHUNSERI PETROCHEM INDUSTRIES PRIVATE LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.1712/Kol/2024 (नििाारण वर्ा / Assessment Year : 2020-2021) Ivl Dhunseri Petrochem Vs Dcit, Circle-11(1), Kolkata Industries Pvt. Ltd. Dhunseri House, 4A Woodburn Park, L.R.Sarani, West Bengal-700020 Pan No. :Aafcd 5214 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Akkal Dudhewala, Ca & Vidhi Ladia, Ca राजस्व की ओर से /Revenue By : Pradip Kumar Mondal, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 19/03/2025 घोषणा की तारीख/Date Of Pronouncement : 23/04/2025 आदेश / O R D E R Rajesh Kumar, Am : This Is An Appeal Filed By The Assessee Against The Order Dated 26/07/2024, Passed By The Assessment Unit, National Faceless Assessment Centre U/S.143(3) R.W.S.144C(13) R.W.S.144B Of The Act, For The Assessment Year 2020-2021 On The Following Grounds :- 1.(A) For That On The Facts & In The Circumstances Of The Case & In Law, The Tpo Erred In Making A Downward Adjustment Of Rs.24,72,79,392/- In Respect Of The Transfer Value Of Power By The Captive Power Plant At Haldia, West Bengal. (B) For That On The Facts & In The Circumstances Of The Case & In Law, The Methodology Followed By The Assessee To Benchmark The Arm'S Length Value Of The Power Transferred By The Eligible Unit To The Non-Eligible Unit Fulfilled The Internal Cup Parameters & In That View Of The Matter The Transfer Pricing Adjustment Made By The Tpo Was Impermissible On The Given Facts & In Law. (C) For That On The Facts & In The Circumstances Of The Case & In Law, The Manner In Which The Drp/Tpo Has Benchmarked

transfer pricing adjustment made by the TPO was impermissible on the given facts and in law. (c) For that on the facts and in the circumstances of the case and in law, the manner in which the DRP/TPO has benchmarked 2 the arm's length value of the power generated by the eligible unit was wholly fallacious and suffered from

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. BATA INDIA LTD., KOLKATA

Appeal is partly allowed and the CO is dismissed

Bench: the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10;

TDS returns and tax audit, transfer pricing audit, R&D audit which 3 CO No. 124/Kol/2017 Bata India Limited were

TATA CONSUMER PRODUCTS LIMITED (SUCCESSOR OF TATA COFFEE LTD.),KOLKATA vs. A.C.I.T., CIRCLE - 4(1), KOLKATA

Appeal of the assessee is partly allowed

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

Transfer Pricing Officer (Ld. TPO)/ Learned Dispute Resolution Panel ('Ld. DRP") grossly erred in making an adjustment of INR 2,00,21,945 to the income of the Appellant on account of corporate guarantee fee. 3.1 That on the facts and circumstances of the case and in law, the Ld. TPO/ Ld. DRP erred in not appreciating the fact that

ORIENT PAPER & INDUSTRIES LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 5(1), KOLKATA, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey

transfer pricing provisions in section 92BA of the Act, we note that this aspect has been considered by the Coordinate bench in the case of DCIT Vs Rungta Mines Ltd. ITA No. 286/Kol/2023 and rejected the revenue’s arguments. 6. Therefore considering the above facts and circumstances and respectfully following the decision of the Hon’ble Apex Court

EIH LIMITED ,KOLKATA vs. DCIT, NFAC, DELHI

In the result, both the appeals of the assessee are partly allowed

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Transfer pricing adjustment on account of CG at Rs. 51,24,939/- (ii) Disallowance u/s 14A r.w. Rule 8D, r.w. 115JB at Rs. 35,04,883/- (iii) Disallowance on account of principal re-payment of lease rental of Rs. 3,46,68,173/-. (iv) Alleged failure to consider revised computation withdrawing the claim of education cess

EIH LIMITED,KOLKATA vs. D.C.I.T., INCOME TAX DEPARTMENT, NFAC, DELHI, KOLKATA

In the result, both the appeals of the assessee are partly allowed

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Transfer pricing adjustment on account of CG at Rs. 51,24,939/- (ii) Disallowance u/s 14A r.w. Rule 8D, r.w. 115JB at Rs. 35,04,883/- (iii) Disallowance on account of principal re-payment of lease rental of Rs. 3,46,68,173/-. (iv) Alleged failure to consider revised computation withdrawing the claim of education cess

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

TDS of Rs.57,79,428/-. vi) Levying of interest u/s. 234A of Rs.9,10,881/-. 3 Philips India Ltd. AY 2010-11 4. Brief facts are that assessee is a part of the Royal Philips organisation, headquartered in Netherlands. The ultimate parent company of the group is Koninklijke Philips NV. Royal Philips Electronics of the Netherlands is a diversified Health

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

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

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

TDS: 6.1.3 Thus, on considering the totality of facts, I am inclined to concur with the view that this cannot be a case of deliberate under reporting of income on part of the appellant. Furthermore, I also note that the appellant has been consistent in offering explanation with regard to the said claim of expenditure in the course of assessment

NATWEST MARKETS PLC - INDIA BRANCH,KOLKATA vs. CIT (IT & TP), CIR- 1(2), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Commissioner Of Income Tax Natwest Markets Plc-India (International Taxation & Branch Transfer Pricing) 907, Regus, 9Th Floor, Ps Aaykar Bhavan Poorva, Vs. Arcadia, 4A, Abanindra Nath 2Nd Floor, 110, Shanti Pally, Thakur Sarani, Kolkata-700016 Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Aacct8020E Assessee By : Shri Percy Pardiwala, Ar Revenue By : Shri Sandeep Lakra, Dr Date Of Hearing: 31.07.2025 Date Of Pronouncement: 26.08.2025

Transfer Pricing) 907, Regus, 9th Floor, PS Aaykar Bhavan Poorva, Vs. Arcadia, 4A, Abanindra Nath 2nd Floor, 110, Shanti Pally, Thakur Sarani, Kolkata-700016 Kolkata-700107, West Bengal (Appellant) (Respondent) PAN No. AACCT8020E Assessee by : Shri Percy Pardiwala, AR Revenue by : Shri Sandeep Lakra, DR Date of hearing: 31.07.2025 Date of pronouncement: 26.08.2025 O R D E R Per Rajesh

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

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

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Ble

price by the Ld. AO, Ld. TPO and Hon'ble DRP for Corporate guarantee commission received (Refer our detailed grounds of appeal on this issue) 3. Rule of consistency (Refer our detailed grounds of appeal on this issue) 4. Negative figure of Loss on investment classified at FVTPL shown under 'Other Income' considered as positive figure thereby resulting in double

M/S BOTHRA SHIPPING SERVICES PVT. LTD.,KOLKATA vs. DCIT, CIR.-9(1), KOLKATA

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Ble

TDS is Rs. 1,96,354/- instead of Rs. 24,43,834/-. Therefore, if any, disallowance is made the same should be restricted to Rs. 1,96,354/-. 12. That on the facts and circumstances of the case and in law, the Ld. DRP erred in affirming the action of the Ld. AO in disallowing interest