RANDOX LABORATORIES (INDIA) P.LTD,MUMBAI vs. ITO 7(2)(1) OR CIT(A) 7, MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

Transfer Pricing Officer to adopt the correct purchase figure as debited to the Profit & Loss account after due verification. 14. In the result, assessee’s appeal is allowed. IT(TP)A no.1568/Mum./2015 Revenue’s Appeal 15. The Registry has pointed out a delay of six days in filing the appeal. The Department has filed application seeking condonation

DCIT CIR 15(3)(1), MUMBAI vs. TRANSOCEAN DRILLING SERVICES (INDIA) PLT, MUMBAI

In the result, the cross objection of the assessee is partly allowed

delay in filing of cross objections is hereby condoned and the same is taken up for adjudication. 3. The ground Nos.1-6 raised by the assessee in cross objections are general in nature and does not require any specific adjudication as stated by the ld. AR before us. 3.1. The other grounds raised by the assessee in its cross objections would

GETINGE MEDICAL INDIA PRIVATE LIMITED ,MUMBAI vs. DCIT 2(2)(1), MUMBAI MAHARASHTRA

In the result, appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Transfer Pricing Officer to determine the arms-length price of the international transaction. The Ld. TPO after considering various 4 Getinge Medical India Private Limited submissions of the assessee in respect of the international transaction proposed an adjustment of Rs.6,85,66,040/- in respect of the AMP expenditure. Thereafter, the Ld. AO while passing the draft assessment order further

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

transfer by the appellant but solely on account of the appellant's income and share of profit generated from such JV /firm. When no funds whatsoever, borrowed or otherwise, have been invested in JVs/firms, the applicability of section 14A does not arise. When there is no expenditure incurred in relation Page No. 27 ITA NO. 2485 & 2486/MUM/2017

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

transfer by the appellant but solely on account of the appellant's income and share of profit generated from such JV /firm. When no funds whatsoever, borrowed or otherwise, have been invested in JVs/firms, the applicability of section 14A does not arise. When there is no expenditure incurred in relation Page No. 27 ITA NO. 2485 & 2486/MUM/2017

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED (SUCCESSOR TO CAPGEMINI INDIA PRIVATE LIMITED,AIROLI, NAVI MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEALS)- 55, MUMBAI

Appeal is allowed

Bench: SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

delay in filing the present appeal is condoned. Accordingly, we proceed to adjudicate the grounds pressed during the course of hearing by Learned Authorised Representative for the Appellant/Assessee. 3. When the appeal was taken up for hearing, the Learned Authorised Representative for the Appellant invited our attention to the Ground No. 16 and 17 raised as additional ground

ACIT, MUMBAI vs. DNJ CREATION LLP, MUMBAI

In the result, grounds of appeal raised by revenue are dismissed

Bench: Shri Pawan Singh& Shri Girish Agrawal(Physical Hearing)

Transfer Pricing order u/s 92CA(3) and the consequential addition in the assessment order u/s 143(3) are untenable and unsustainable in law. 2. The Hon'ble CIT(A) erred in not adjudicating on the issue where the learned AO/TPO wrongly applied the differential OP/OR margin of 8.76% (11.70% minus 2.94%) on the entire operating revenue

MOHANJI BHARAT WELFARE FOUNDATION,MUMBAI vs. CIT (EXEMPTION), MUMBAI

In the result, the appeal filed by the assessee is allowed for\nstatistical purposes in above terms

transfers the property to A for the same price at which he\noriginally purchased it, he should be liable to pay tax on the basis as if he\nhas received the market value of the property as on the date of resale, if,\nin the mean-while, the market price has shot up and exceeds the agreed\nprice by more

LODHA DEVELOPERS LTD(FORMERLY KNOWN AS LODHA DEVELOPERS PRIVATE LIMITED),MUMBAI vs. DCIT CEN CIR 7(3), MUMBAI

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

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

transferring the interest expenditure to WIP account. Therefore, assessee is justified in debiting the same to the P&L accounts of the respective assessment years. Thus, we order the Assessing Officer to accept the claim as made in the return of income. Accordingly, this part of the ground No. 1 is allowed in favour of the assessee." 14. From

DCIT CENT. CIR. -7(3), MUMBAI vs. PALAVA DWELLERS PVT. LTD. , MUMBAI

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

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledy. Commissioner Of Income-Tax V. M/S. Palava Dwellers Pvt. Ltd., Central Circle – 7(3) 412, 71-G, Vardhman Chamber Room No. 655, 6Th Floor C.P. Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent) Lodha Developers Limited Dy. Commissioner Of Income-Tax V. {Since Merged M/S. Palava Dwellers Pvt. Ltd.,} Central Circle – 7(3) 412, 4Th Floor, 17G, Vardhman Chamber Room No. 655, 6Th Floor Cawasji Patel Road, Horniman Circle Aayakar Bhavan, M.K. Road Fort, Mumbai - 400 001 Mumbai – 400 020 Pan: Aabcl1117D (Appellant) (Respondent)

transferring the interest expenditure to WIP account. Therefore, assessee is justified in debiting the same to the P&L accounts of the respective assessment years. Thus, we order the Assessing Officer to accept the claim as made in the return of income. Accordingly, this part of the ground No. 1 is allowed in favour of the assessee." 14. From

DCIT 1(1)(1), MUMBAI vs. ALSTOM INDIA LTD, MUMBAI

In the result, the assessee’s appeals are partly allowed, assessee’s cross objection is dismissed and Revenue’s appeals are dismissed

Bench: Shri Shamim Yahya & Shri Amarjit Singh: A.Y : 2010-11

delay in ITA No. 956/Mum/2018 is condoned. The various grounds arising in the assessee’s appeal and cross objection are dealt as under. One common issue raised in these appeals relate to disallowance of the claim of adjustment for extraordinary expenses relating to recovery of production overheads, selling and administrative overheads, one time technological fee for Chennai metro

SP ARMADA OIL EXPLORATION P. LTD.,MUMBAI vs. DY CIT-3(3)(3), MUMBAI

In the result, the appeal is partly allowed in the terms indicated above

Bench: Us.

Transfer Pricing Officer to give effect to these directions and the impugned rectification order passed by the Assessing Officer to give effect to the TPO‟s order, must also stand quashed. Ordered, accordingly. All other related grievances with respect to the ALP adjustment as raised in this appeal, in view of the above findings, are rendered infructuous and academic

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee

DCIT CC 11, MUMBAI vs. KETAN V. SHAH, JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee

DCIT CC 11, MUMBAI vs. KETAN V. SHAH (HUF), JALNA

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee

KETAN V. SHAH,MUMBAI vs. ASST CIT CEN CIR 11, MUMBAI

In the result appeal of the Revenue in ITA No

Bench: Shri D.T.Garasia & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2118-2121/Mum/2013, (नििाारण वर्ा / Assessment Year : 2002-03 To 2004-05 & 2006-07)

transfer, demat etc. . Thus, the AO held these transactions for sale and purchase of shares as merely sham transactions in I.T.A. No. 2118-2123/Mum/2013 & I.T.A. No. 2494-2498/Mum/2013. order to show earning of exempt long term capital gains, which was then treated as unaccounted money of the assessee brought to tax as undisclosed income of the assessee