TATA MOTORS LTD,MUMBAI vs. ACIT 2(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.631/मुं/2013 (िन.व. 2008-09) Tata Motors Limited Bombay House, 24,Homi Mody Street, Hutama Chowk, Mumbai – 400001. Pan: Aaact-2727-Q ...... अपीलाथ"/Appellant बनाम Vs. The Addl. Commissioner Of Income Tax Circle -2(3), Mumbai. Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D.Mistry, Sr.Advocate With Shri Nikhil Tiwari,Advocate "ितवादी "ारा/Respondent By : Ms. Vatsala Jha, Cit-Dr & Shri Manoj Kumar Singh, Sr.Ar सुनवाई की ितिथ/ Date Of Hearing : 10/11/2023 घोषणा की ितिथ/ Date Of Pronouncement : 05/02/2024 आदेश/Order Per Vikas Awasthy, Jm:

92C of the Act. In view of this, the reliance on the above decision of the honourable Delhi High Court does not support the case of the assessee. Thus we hold that, the order passed by the additional Commissioner of income tax u/s 92CA (3) of the income tax act is appellate order passed by a transfer pricing officer

SPE INDIA FILMS HOLDING LLC,MUMBAI vs. ACIT (INTL TAX) -4(2) (2) , MUMBAI

In the result ground no-2 raised by the assessee- is fully allowed

Bench: Shri Amit Shukla & Shri Gagan Goyalspe India Films Holding Llc C/O, Deloitte Haskins & Sells Llp One International Centre, Tower No.3, 27Th Floor-32Nd Floor, Senapati Bapat Marg, Elphinstone Road (W), Mumbai-400013. Pan: Aaocs1827L ...... Appellant Vs. Acit (International Taxation)-4(2)(2) 16Th Floor, Air India Building, Narimaon Point, Mumbai-400021. ..... Respondent Appellant By : Sh. P.J. Pardiwala/Paras Savla Respondent By : Sh. A.K. Keshari Date Of Hearing : 27/06/2022 Date Of Pronouncement : 21/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Dispute Resolution Panel-2, Mumbai [Hereinafter Referred To As [‘Drp’] Dated 06.01.2022 For The Assessment Year (Ay) 2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “The Appellant, Objects To The Order Dated 19 January 2022 Passed Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (Act) Passed By The Learned Assistant Commissioner Of Income-Tax (International Taxation) - 4(2)(2), Mumbai

TDS is granted and the income on account of distribution of theatrical rights in India is considered as not taxable, the question of levy of additional interest under section 234B and section 234C of the Act would not arise. 4.3 The Appellant prays that the learned ACIT be directed to delete the levy of additional interest under section 234B

HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P. LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

2,58,839/- on account of non-deduction of TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A. 7. DRP vide its order under section 144C (13) sustained the draft order

DCIT 4(1), MUMBAI vs. HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P.LTD, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

2,58,839/- on account of non-deduction of TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A. 7. DRP vide its order under section 144C (13) sustained the draft order

HSBC SECURITIES AND CAPITAL MARKETS (I) P.LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

2,58,839/- on account of non-deduction of TDS under section 40a(ia) of the Act. AO further disallowed Rs. 27, 16, 560/- under section 14A. Against this draft order of AO, assessee objected the same before the DRP through Form No. 35A. 7. DRP vide its order under section 144C (13) sustained the draft order

MORGAN STANLEY INDIA COMPANY P. LTD,MUMBAI vs. ADDL CIT 4(3), MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

DCIT 4(3), MUMBAI vs. JM MORGAN STANLEY SECURITIES P. LTD, MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

ADDL CIT RG 4(3), MUMBAI vs. MORGAN STANLEY INDIA CO P. LTD, MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

ACIT 4(3), MUMBAI vs. MORGAN STANLEY INDIA CO. PVT. LTD., MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

MORGAN STANLEY INDIA COMPANY P.LTD,MUMBAI vs. ASST CIT RG 4(3), MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

DCIT CIR. 4(3)(2), MUMBAI vs. MORGAN STANLEY INDIA CO. PVT. LTD., MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

MORGAN STANLEY INDIA COMPANY P.LTD,MUMBAI vs. ADDL CIT RG 4(3), MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

MORGAN STANLEY INDIA COMPANY P.LTD,MUMBAI vs. ADDL CIT RG 4(3), MUMBAI

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

92C(2) 3 & 4 Disallowance under section 14A 5 Short grant of TDS 6 Assessment of incorrect amount of income

MONDELEZ INDIA FOODS P. LTD,MUMBAI vs. DCIT RG 5(1)(2), MUMBAI

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

92C(1) by the TPO is not tenable. We notice that the TPO has computed the TP adjustment towards global services rendered by Cadbury Holdings Limited also in the same way by 33 ITAs 1240/Mum/2016 ITA 1518/Mum/2017 Mondelez International applying adhoc estimation of salary cost and man hours. Therefore our decision with respect regional service fee paid to Cadbury Enterprises

MONDELEZ INDIA FOODS P.LTD,MUMBAI vs. ASST CIT RG 5(1)(2), MUMBAI

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

92C(1) by the TPO is not tenable. We notice that the TPO has computed the TP adjustment towards global services rendered by Cadbury Holdings Limited also in the same way by 33 ITAs 1240/Mum/2016 ITA 1518/Mum/2017 Mondelez International applying adhoc estimation of salary cost and man hours. Therefore our decision with respect regional service fee paid to Cadbury Enterprises

TATA CONSULTANCY SERVICES LTD,MUMBAI vs. ADDL CIT LTU 1, MUMBAI

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

Bench: Shri Vikas Awasthy () & Shri N.K. Pradhan () It(Tp)A No. 3262/Mum/2017 Assessment Year: 2007-08

TDS was deductible on this amount by the assessee, being remitter of the sum. 15. Before us, the Ld. counsel for the assessee submits that the payment for purchase of software being similar to the payment for purchase of any ‘product, goods’ is not exigible to income tax in India. Further, it is stated by him that the payment

ASST CIT (LTU) 1, MUMBAI vs. TATA CONSULTANCY SERVICES LTD, MUMBAI

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

Bench: Shri Vikas Awasthy () & Shri N.K. Pradhan () It(Tp)A No. 3262/Mum/2017 Assessment Year: 2007-08

TDS was deductible on this amount by the assessee, being remitter of the sum. 15. Before us, the Ld. counsel for the assessee submits that the payment for purchase of software being similar to the payment for purchase of any ‘product, goods’ is not exigible to income tax in India. Further, it is stated by him that the payment

THERMO FISHER SCIENTIFIC INDIA P. LTD,MUMBAI vs. DCIT 15(3)(1), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

TDS of Rs.33,83,093 as against Rs.43,83,437 (as per\nForm 26AS) claimed by the Appellant, thereby there is a short tax credit of\nTDS of Rs.10,00,344.\n14. Ground 14A - Penalty proceedings\nOn the facts and in the circumstances of the case and in law, the learned DCIT\nerred in initiating penalty proceedings under section

DCIT 4(1), MUMBAI vs. DEUTSCHE EQUITIES INDIA P.LTD, MUMBAI

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

2. The CIT(A) erred in upholding the action of the AO of disallowing an amount of Rs. 10,27,625 under section 40(a)(ia) being payments made to M/s Team Lease for providing secretarial and clerical staff on contractual basis. The appellants pray that the disallowance under section 40(a)(ia) of Rs. 10,27,625 should