CWT INDIA P.LTD,MUMBAI vs. DCIT (OSD) RG 8(1), MUMBAI

In the result, appeals filed by the assessee for assessment years 2009-

Bench: Shri R.C. Sharma (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-10 Assessment Year: 2010-11 Assessment Year: 2011-12 & Assessment Year: 2012-13 M/S Cwt India Private Limited, The Assistant Commissioner Of Unit No. 2, Raheja Centre, Income Tax-9(2)(2), Ground Floor, Aayakar Bhavan, Free Press Journal Marg, Vs. Mumbai - 400020 Nariman Point, Mumbai – 400021 Pan : Aaaci7084H (Appellant) (Respondent)

capital gain by the Assessment Years: 2009-10 2010-11, 2011-12 & 2012-13 authorities below is contrary to the principles of law laid down in the aforesaid cases. Hence following the ratio of law laid down by the Hon’ble High Courts in the aforesaid case, we set-aside the findings of the AO based on the directions issued

JSW ENERGY (BARMER) LIMITED,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 8(3), MUMBAI, MUMBAI

In the result, both the appeals are allowed partly for statistical

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

92C(3)(c) are invoked to determine the ALP. rmine the ALP. 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble Mumbai ITAT has accepted the assessee's without prejudice Mumbai ITAT

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

92C(3) and Section 92F(ii) of the Income tax Act, 1961. Hence, said adjustment is invalid and bad-in-law. (ii) Without prejudice to above, (i) Appellant submits that corporate guarantee given to bank for giving financial facility to AE which is (ultimate) subsidiary of the Appellant being beneficial to the Appellant (and as such

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

92C(3) and Section 92F(ii) of the Income tax Act, 1961. Hence, said adjustment is invalid and bad-in-law. (ii) Without prejudice to above, (i) Appellant submits that corporate guarantee given to bank for giving financial facility to AE which is (ultimate) subsidiary of the Appellant being beneficial to the Appellant (and as such

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

92C(3) and Section 92F(ii) of the Income tax Act, 1961. Hence, said adjustment is invalid and bad-in-law. (ii) Without prejudice to above, (i) Appellant submits that corporate guarantee given to bank for giving financial facility to AE which is (ultimate) subsidiary of the Appellant being beneficial to the Appellant (and as such

GREAVES COTTON LTD,MUMBAI vs. ASST CIT 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

92C(3) and Section 92F(ii) of the Income tax Act, 1961. Hence, said adjustment is invalid and bad-in-law. (ii) Without prejudice to above, (i) Appellant submits that corporate guarantee given to bank for giving financial facility to AE which is (ultimate) subsidiary of the Appellant being beneficial to the Appellant (and as such

ACIT-23(1), MUMBAI, PIRAMAL CHAMBER, MUMBAI vs. PARISHI DIAMONDS, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2012-13 Acit-23(1), Parishi Diamonds, 511, 5Th Floor, Piramal Chamber, Cc2091 To Cc 2093 Tower Central Vs. Lalbaug, Parel, Wings Bharat Diamond Bourse Bandra Mumbai-400012. Kurla Complex, Bandra East, Mumbai-400051. Pan No. Aajfp 2118 B Appellant Respondent

3) The Assessing Officer or the Commissioner (Appeals) may, in the course of any proceeding under this Act, require any person who has course of any proceeding under this Act, require any person who has course of any proceeding under this Act, require any person who has entered into an intern entered into an international transaction or specified domestic ational

CASTROL INDIA LTD,MUMBAI vs. ADDL CIT RG 8(1), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.195/Mum/2012 ("नधा"रण वष" / Assessment Year : 2007-08) Castrol India Limited The Deputy Commissioner बनाम/ Technopolis Knowledge Park Of Income Tax – Range V. Makali Caves Road, Chakala 8(3) Income Tax Office Andheri(East) Aayakar Bhavan, Mumbai 400093 M.K. Marg, Mumbai – 400 020. "थायी लेखा सं./Pan : Aaacc4481E (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

92C(2) of the Act. Since, the genuineness of the payments is not in doubt and the receipt of services and benefits derived by Castrol India has itself not been challenged by the TPO/AO, the ALP relating to the same cannot be determined to be Nil and some value needs to be attributed. It would be unjust to the Appellant

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

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

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

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

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

Gains. 3.1.7. On the facts and in the circumstances of the case and in law, the Hon'ble DRP erred in making wrong references to section 47(iv), (v) and (vid) without M/s HSBC Securities and Capital Markets (India) Pvt. Ltd. appreciating that these sections have no application whatsoever to the facts of the present case and further that these

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

capital gains', which is not relevant for the\npresent case. On examining the aforesaid provisions, as referred in section 80\nITA No.2458/Mum/2015 (A.Y. 2010-11)\n19\nof the Act, prima facie, these sections do not cover or deal with procedure of\nsetting off of unabsorbed depreciation and investment allowance.\n10. Section 32 of the Act deals with different types

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(3)(1), MUMBAI vs. TATA SONS LIMITED, MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

92C(3) are not satisfied before the passing of the final Assessment Order. (viii) On the facts and in the circumstances of the case, Transfer Pricing adjustments cannot be made without arriving at the finding that the intention of the assessee was to evade tax or manipulate prices or shift profits outside of India. Further, such finding of tax evasion

TATA SONS LTD.,MUMBAI vs. ACIT,CIR 2(3)(1), MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

92C(3) are not satisfied before the passing of the final Assessment Order. (viii) On the facts and in the circumstances of the case, Transfer Pricing adjustments cannot be made without arriving at the finding that the intention of the assessee was to evade tax or manipulate prices or shift profits outside of India. Further, such finding of tax evasion

ACIT CC-43, MUMBAI vs. ROHA DYECHEM P. LTD, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

92C(3) of the Act are satisfied in the facts of the Appellant's case. 2. The Appellant prays that the addition of account of non charging of interest-be deleted. VI. 1. The CIT(A) erred in confirming Assessing officer/TPO action in holding that non charging of interest is not at arm's length. 2. The appellant prays that

ROHA DYECHEM PVT.LTD.,MUMBAI vs. ACIT-CENTRAL CIRCLE 43, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

92C(3) of the Act are satisfied in the facts of the Appellant's case. 2. The Appellant prays that the addition of account of non charging of interest-be deleted. VI. 1. The CIT(A) erred in confirming Assessing officer/TPO action in holding that non charging of interest is not at arm's length. 2. The appellant prays that

ACIT CC-43, MUMBAI vs. ROHA DYECHEM P. LTD, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

92C(3) of the Act are satisfied in the facts of the Appellant's case. 2. The Appellant prays that the addition of account of non charging of interest-be deleted. VI. 1. The CIT(A) erred in confirming Assessing officer/TPO action in holding that non charging of interest is not at arm's length. 2. The appellant prays that

ACIT CEN CI-43 vs. ROHA DYECHEM P. LTD, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

92C(3) of the Act are satisfied in the facts of the Appellant's case. 2. The Appellant prays that the addition of account of non charging of interest-be deleted. VI. 1. The CIT(A) erred in confirming Assessing officer/TPO action in holding that non charging of interest is not at arm's length. 2. The appellant prays that