STRIDES PHARMA SCIENCE LTD.,NAVI MUMBAI vs. THE DY CIT -5(1)(2), MUMBAI

In the result ITA number 1004/M/2021 filed by the assessee for assessment year 2016 – 17 is allowed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Strides Pharma Science Ltd. Dcit 15(1)(2) 201, Devavrata, Sector-17, Aayakar Bhavan, M K Road, Vs. Vashi, Navi Mumbai, 400703 Mumbai 400020 (Appellant) (Respondent) Pan No. Aadcs8104P

153,455,236/– is disallowable under section 37 (1) under section 36 (1) (iii) and section 38 of the act. iii. The AO found

ECL FINANCE LTD.,MUMBAI vs. A.C.I.T. - 3(1)(2), MUMBAI

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

section 153(4) i.e. 9 months in 2014 + 12 months in 2015 + 12 months of 20 16] 10 29/9/2017 DRP passed direction u/s 144C(5) of the Act 11 30/9/2017 Time limit for passing order u/s 144C(5) of the Act [i.e. nine months from the end of the month in which draft order is forwarded to assessee

JCIT CENT. CIR. - 1(4), MUMBAI vs. GRASIM INDUSTRIES LTD, MUMBAI

The appeal of the Revenue is dismissed whereas appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2010-11 Grasim Industries Limited, The Dcit Cc-1(4), Corporate Finance Division, Room No. 902, 9Th Floor, Old Vs. A-2, Aditya Birla Centre, S.K. Cgo Building, M.K. Road, Ahire Marg, Worli, Mumbai-400020. Mumbai-400030. Pan No. Aaacg 4464 B Appellant Respondent Assessment Year: 2010-11 Jcit (Osd), Central Circle- Grasim Industries Limited, 1(4), A-Wing, 2Nd Floor, Aditya Room No. 902, Pratishtha Vs. Birla Centre, S.K. Ahire Bhavan, 9Th Floor, Old Cgo Marg, Worli, Building Annexe, Mumbai-400030. Mumbai-400020. Pan No. Aaacg 4464 B Appellant Respondent Assessee By : Mr. Yogesh Thar & Mr. Chaitanya Joshi Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 03/04/2024 : Date Of Pronouncement 29/04/2024

disallowance has been made by the AO based on the seized material. based on the seized material. 16.4 The Section 153

ASST. COMMISSIONER OF INCOME TAX, MUMBAI vs. RELIANCE RETAIL LIMITED, MUMBAI

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is partly allowed

Bench: SHRI SAKTIJIT DEY (Vice President), SHRI MAKARAND VASANT MAHADEOKAR (Accountant Member)

153 of the Act. Without prejudice to the above Grounds, Grounds of appeal in respect of the additions made by the learned AO are as under: Allowability of deduction under section 80G in respect of contributions towards Corporate Social Responsibility (‘CSR’): Rs. 10,53,00,000 4. Erred in confirming disallowance

ATOS INDIA P.LTD,MUMBAI vs. DCIT RG 14(1)(1), MUMBAI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Shri G. S. Pannu & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1795/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) Dcit-14(1)1), Atos India Pvt. Ltd., Aayakar Bhavan Godrej & Boyce Complex, बनाम/ Mumbai Plant 5, Pirojshanagar, Vs. Lbs Marg, Vikhroli (West), Mumbai-400079 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaaco2461J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Dhanesh Bafna /Chandni Sha /Riddhi Maru /Kinjal Patel, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Dr. Yogesh Kamat, Ld. Dr सुनवधईकीतधरीख/ 01.06.2022 & : 25.01.2023 Date Of Hearing घोर्णधकीतधरीख / : 23.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: 1. The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) In 2

Disallowance under section 40(a) due 64,45,907 to non-deduction of TDS of Foreign Parties 4 I.T.A. No. 1795/Mum/2017 Atos India Pvt. Ltd. 8. Denial of claim of deduction in 1,74,35,513 employee's ESIC contribution & Labour welfare fund Sub-total (B) 23,12,42,582 Total (A+B) 102,00,93,469 4. Apart from

DCIT-2(2)(1), MUMBAI vs. THE INDIAN HOTELS COMPANY LTD., MUMBAI

In the result, appeal of the Assessee is partly allowed whereas the appeal of the Revenue is dismissed

disallowance of INR 4,22,19,634/- under Section 40(a)(ia) of the Act as well as deletion/reduction of the transfer pricing adjustment in appeal before the Tribunal. Since the Appellant was not satisfied by the relief granted by the DRP, the Assessee has also preferred appeal before the Tribunal challenging the Final Assessment Order, dated

THE INDIAN HOTELS COMPANY LTD.,MUMBAI vs. DCIT CIR. 2(2)(1), MUMBAI

In the result, appeal of the Assessee is partly allowed whereas the appeal of the Revenue is dismissed

disallowance of INR 4,22,19,634/- under Section 40(a)(ia) of the Act as well as deletion/reduction of the transfer pricing adjustment in appeal before the Tribunal. Since the Appellant was not satisfied by the relief granted by the DRP, the Assessee has also preferred appeal before the Tribunal challenging the Final Assessment Order, dated

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE ADDL/JT/DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT DENTRE,, DELHI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Us, First We Would Like To Address Ground No.2 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

153 of the Act would also be barred by limitation. For the sake of convenience, the original ground No.2 raised by the assessee is reproduced hereunder:- “2. Re: Validity of the Order: 2.1 On the facts and in circumstances of the case and in law, the impugned transfer pricing order under section 92CA(3) dated 1 November 2019 is barred

STATE BANK OF INDIA,MUMBAI vs. ADDL CIT CIR 2(2), MUMBAI

In the result appeal filed by the assessee for assessment

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

section 28 of the Act, Revenue ought to have taxed the broken Period interest received but at the same time ought to have allowed deduction for the broken period interest paid. 21. As already noticed above, this decision of the Bombay High Court has found favour with the Supreme Court in Citibank NA (supra) where Supreme Court agreed with

RELIANCE RETAIL LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 8(1)(1), MUMBAI

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar

153 of the Act. Without prejudice to the above Grounds, Grounds of appeal in respect of the additions made by the learned AO are as under: Allowability of deduction under section 80G in respect of contributions towards Corporate Social Responsibility (‘CSR'): Rs. 10,53,00,000 4. Erred in confirming disallowance

DCIT 2(2), MUMBAI vs. STATE BANK OF INDIA, MUMBAI

In the result appeal filed by the assessee for assessment year 2006 – 07 and 2007 – 08 is partly allowed

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal , Jm A.Y.2006-07 [ By Assessee] &

section 260A of the Act, we are not inclined to disturb such a finding of fact, that too, when the legal position is very clear." 59) The honourable High Court has categorically held in paragraph number 24 -25 that the legal position is very ` clear on this issue. In view of the decision of honourable high court we also

ACIT, (LTU)-2, MUMBAI vs. SHELL INDIA MARKETS PVT. LTD., MUMBAI

In the result, appeal by assessee is allowed

Disallowance of Repairs & Maintenance expenditure 10. The Revenue Department has also filed an appeal against the final assessment vide ITA No. 3016/Mum/2016 and the grounds of appeal are as under:- Sr. Particulars No. TRANSFER PRICING GROUNDS 1 Ground No. 1: Rejection of comparables Le, Jalan Agencies Limited. TCS e-serve International Limited and Castrol India Limited M/s. Shell India Markets

SHELL INDIA MARKETS PVT. LTD.,MUMBAI vs. ACIT (LTU) - 2, MUMBAI

In the result, appeal by assessee is allowed

Disallowance of Repairs & Maintenance expenditure 10. The Revenue Department has also filed an appeal against the final assessment vide ITA No. 3016/Mum/2016 and the grounds of appeal are as under:- Sr. Particulars No. TRANSFER PRICING GROUNDS 1 Ground No. 1: Rejection of comparables Le, Jalan Agencies Limited. TCS e-serve International Limited and Castrol India Limited M/s. Shell India Markets

THE INDIAN HOTELS COMPANY LTD,MUMBAI vs. ASST CIT CIR 2(2)(1), MUMBAI

In the result, appeal of the Assessee is partly allowed whereas the appeal of the Revenue is dismissed

disallowance of INR 3.87 Crores under Section 40(a)(ia) of the Act as well as deletion of secondary transfer pricing adjustment in appeal before the Tribunal. Since the Appellant was not satisfied by the relief granted by the DRP, the Assessee has also preferred appeal before the Tribunal challenging the Final Assessment Order, dated 26.02.2015, passed under Section

ASST CIT CIR 2(2)(1), MUMBAI vs. THE INDIAN HOTELS COMPANIES LTD, MUMBAI

In the result, appeal of the Assessee is partly allowed whereas the appeal of the Revenue is dismissed

disallowance of INR 3.87 Crores under Section 40(a)(ia) of the Act as well as deletion of secondary transfer pricing adjustment in appeal before the Tribunal. Since the Appellant was not satisfied by the relief granted by the DRP, the Assessee has also preferred appeal before the Tribunal challenging the Final Assessment Order, dated 26.02.2015, passed under Section

STRIDES ARCOLAB LTD,NAVI MUMBAI vs. DCIT CIR 10(3),

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2877/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2009-10) Strides Shasun Limited Dcit Cir. 15(3)(2) (Formerly Known As R. No. 451, 4Th Floor, Strides Arcolab Limited) बिधम/ Aayakar Bhavan, M. K. 201, Devavrata, Sector 17, Road, Mumbai-400 020 Vs. Vashi, Navi Mumbai – 400 703 स्थायीलेखासं./जीआइआरसं./ Pan No. Aadcs8104P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Percy Pardiwala/ Shri Ketan Ved /Shri Ninad Patade, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Ms. Vatsalaa Jha, Ld. Dr सुनवाईकीतारीख/ : 18.01.2023 Date Of Hearing घोषणाकीतारीख / : 28.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla : The Aforesaid Appeal Has Been Filed By Assessee Against The Order Dated 26.02.2014 Passed U/S 143(3) R.W.S. 144C(13) In 2

disallowance made u/s. 14A. 13. Levy of the interest u/s. 234B of the Act. 14. Levy of the interest u/s. 234D of the Act. 15. Credit for TDS considered short by Rs. 45,06,609/- 16. Credit for tax paid on self-assessment not granted. 3. The assessee vide letter dated 9th June 2022 has raised additional grounds that

GAMMON INDIA LTD,MUMBAI vs. DCIT, CC- 7(2)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Blem/S. Gammon India Ltd V. Dcit-Central Circle 7(2) 3Rd Floor, Plot No. 3/8 Room No. 655, 6Th Floor Hamilton House, J.N. Heredia Marg Aayakar Bhavan Ballard Estate, Mumbai- 400038 M.K. Road, Mumbai- 400020 Pan: Aaacg3821A (Appellant) (Respondent) Dcit, Central Circle 7(2) V. M/S. Gammon India Ltd Room No. 655, 6Th Floor 1, Gammon House Aayakar Bhavan, M.K. Road Veer Savarkar Marg Mumbai- 400020 Prabhadevi, Mumbai - 400025 Pan: Aaacg3821A (Appellant) (Respondent)

disallowance of Rs. 2,78,87,591/-, being 100% of the expenditure on account of Sub-Contract Expenses to M/s Sun Construction Co., Rs. 1,12,02,660/-, being 33.33% of expenditure on account of purchases from M/s. Naveen Traders, Rs. 94,21,136/-, being 33.33% of expenditure on account of purchases from M/s. Narayan Suppliers

DCIT CC 7(2), MUMBAI vs. M/S GAMMON INDIA LTD., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Blem/S. Gammon India Ltd V. Dcit-Central Circle 7(2) 3Rd Floor, Plot No. 3/8 Room No. 655, 6Th Floor Hamilton House, J.N. Heredia Marg Aayakar Bhavan Ballard Estate, Mumbai- 400038 M.K. Road, Mumbai- 400020 Pan: Aaacg3821A (Appellant) (Respondent) Dcit, Central Circle 7(2) V. M/S. Gammon India Ltd Room No. 655, 6Th Floor 1, Gammon House Aayakar Bhavan, M.K. Road Veer Savarkar Marg Mumbai- 400020 Prabhadevi, Mumbai - 400025 Pan: Aaacg3821A (Appellant) (Respondent)

disallowance of Rs. 2,78,87,591/-, being 100% of the expenditure on account of Sub-Contract Expenses to M/s Sun Construction Co., Rs. 1,12,02,660/-, being 33.33% of expenditure on account of purchases from M/s. Naveen Traders, Rs. 94,21,136/-, being 33.33% of expenditure on account of purchases from M/s. Narayan Suppliers

ACCENTURE SOLUTIONS PVT LTD. (ASOL) AS A SUCCESSOR TO ACCENTURE SERIVCES PVT LTD (ASPL),MUMBAI vs. DY CIT CIRCLE- 14 (1)(1), MUMBAI

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2015-16 M/S. Accenture Solutions The Dy. Commissioner O Pvt. Ltd. (‘Asol’), Income Tax, (As A Successor To Circle 14(1)(1), Accenture Services Pvt. 475, Aayakar Bhavan, Ltd. (‘Aspl’) Which Has M.K. Road, Merged Into Asol With An Mumbai - 400020 Effective Date Of 1 Vs. December 2016) Plant 3, Godrej & Boyce Complex, Phirojshah Nagar, Vikhroli West, Off L.B.S Marg, Mumbai – 400 079 Pan: Aacca8997K (Appellant) (Respondent)

153 of the Act i.e. o. 31.10.2018, hence barred by limitation. 18. However, by virtue of this appeal the assessee has also raised corporate grounds No.21, 22 & 23 challenging additions under section 36(1)(va) and non granting of credit of taxes deducted at source and levying of interest under section 234A and 234B of the Act, which are determined