ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-3(4), MUMBAI, MUMBAI vs. RELIANCE INDUSTRIES LIMITED, MUMBAI

Accordingly.\n7. To sum-up, these Revenue's twin appeals ITA.Nos.1875 & 1872/Mum./2024 and assessee's cross objections C.O.Nos.88 & 89/MUM./2024 are dismissed in above terms

144C(3) r.w.s. 92CA(5) r.w.s. 154 dated 28.02.2017, the income was assessed at Rs. 19223,66,55, 142/- under normal provisions of the Act and Rs.26485,46,16,823/- u/s.115JB of the Act. In the order dated 27.12.2017 giving effect to the order of the CIT(A), the total income was assessed at Rs.15779,87,79,234/- under normal

AJANTA PHARMA LTD,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeal of the assessee is allowed, as above

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2012-13

Section 271(1)(c) of the Act of 1961, the specific ground which forms the foundation therefor has to be spelt out in clear terms. Otherwise, an assessee would not have proper opportunity to put forth his defence. When the proceedings are penal in nature, resulting in imposition of penalty ranging from 100% to 300% of the tax liability

GENERAL ELECTRIC INTERNATIONAL INC.,GURGAON vs. DCIT, INTERNATIONAL TAXATION CIRCLE 2(3)(2), MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

144C(3) of Act is void ab initio, at nullity and bad in law. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Learned Assessing Officer ('Ld. AO') in levying a penalty of INR 30,57,730 under section 271

PANASONIC LIFE SOLUTIONS INDIA PVT LTD,THANE vs. ASST CIT CC 7(2), MUMBAI

In the result, Appeal of assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Panasonic Life Solutions India Asst. Commissioner Of Private Limited Income-Tax (Formerly Known As Anchor Central Circle 7(2) Electricals Private Limited) 3Rd Floor, B Wing, 655, 6Th Floor, Aaykar Bhavan Vs. I – Think Techno Campus, M.K. Road, Pokhran Road No.2, Thane Mumbai-400 020 (West) (Appellant) (Respondent) Pan No. Aaeca2190C Assessee By : Shri M.P. Lohia Shri Nikhil Tiwari, Ar Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 08-12-2023 Date Of Pronouncement : 19.12.2023

13) of the Act. He also initiated the penalty proceedings under Section 271(1)(c) of the Act and further, issued the demand notice under Section 156 of the Act. The notice of demand under Section 156 of the Income-tax Act, 1961 (the Act) dated 30th November, 2018, was issued for the impugned assessment year determined the outstanding demand

THE INDIAN HOTELS CO. LTD.,MUMBAI vs. PR. CIT-1, MUMBAI

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.950/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ The Indian Hotels Company Pcit-1 Room No.330, 3Rd Floor, Ltd. Vs. 9Th Floor, Express Towers, Aayakar Bhavan, Barrister Rajini Patel Marg, Maharishi Karve Road, Nariman Point, Mumbai- Mumbai-400020. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact3957G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri K. K. Ved Revenue By: Shri Surendra Kumar (Dr) सुनवाई की तारीख / Date Of Hearing: 17/03/2022 घोषणा की तारीख /Date Of Pronouncement: 12/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.03.2021 Passed By The Principal Commissioner Of Income Tax-01, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax-01 Has Invoked The Revisional Power U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “Re.: Validity Of Order U/S, 263; On The Facts & In The Circumstances Of The Case & In Law, The Impugned Order Dated 31 March 2021 Passed Under Section 263 Of The Act Is Without Jurisdiction & Bad In Law. Without Prejudice To The Above, On The Facts & Circumstances Of The Case & In Law, The Principal Commissioner Of Income Tax (“Pcit”) Has Erred In Passing The Order Dated 31 March 2021 U/S. 263 Of The Act.

144C (5) of the IT Act, 1961 dated 28.09.2018 sustained the additions proposed by placing reliance in assessee‟s own case for previous years. Hence, disallowance u/s 36(1)(iii) of the Act amounting to Rs.45,46,52,295/- is made and added to the total income of the assessee. Penalty proceeding u/s 271

SHELL INDIA MARKETS P.LTD,MUMBAI vs. ACIT LTU 2, MUMBAI

Bench: Shri Pramod Kumar () & Shri Ravish Sood ()

u/s 143(3) r.w.s 144C(13), dated 27.02.2015 and 26.02.2016 for the said respective years. As the issue involved in the present appeals is inextricably interlinked or in fact interwoven, Shell India Markets Private Limited Vs. CIT-LTU, Mumbai A.Y 2009-10 & A.Y 2011-12 therefore, the same are being taken up and disposed off by way of a common

GOLDMAN SACHS (INDIA) SECURITIES PVT.LTD,MUMBAI vs. ACIT CIR 7 (1) (1) , MUMBAI

u/s 144C(13) r.w.s. 143(3) of the Income Tax Act,\n1961 ('the Act'), pertaining to Assessment Year 2016-17.\n2.\nThe grievance of the assessee reads as under:-\n“Based on the facts and circumstances of the case, Goldman Sachs (India)\nSecurities Private Limited (hereinafter referred to as 'the Appellant)\nrespectfully craves leave to prefer an appeal under section

ATOS INDIA PRIVATE LTD,MUMBAI vs. ACIT 14 (1) (1) , MUMBAI

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

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleatos India Private Limited V. Acit – 14(1)(1) Unit No. 1401, 14Th Floor Rom No. 481, 4Th Floor Supremus “E" Wing Aayakar Bhavan M.K. Road, Mumbai - 400020 I Think Techno Campus Kanjurmarg (E), Mumbai - 400042 Pan: Aaaco2461J (Appellant) (Respondent) Assessee Represented By : Ms. Chandni Shah & Ms. Riddi Maru Department Represented By : Shri Vachaspati Tripathi

penalty proceedings under section 271(1)(c) of the Act without appreciating that none of the provisions of section 271(1)(c) of the Act gets attracted in the facts of the Appellant's case.” 3. Further, assessee has raised following additional grounds: - “Ground No. 11: On the facts and in the circumstances of the case

DY COMMISSIONER OF INCOME TAX (INT TAX)- 3(2)(1), MUMBAI vs. MARRIOTT INTERNATIONAL INC, MUMBAI

Appeal are dismissed

Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SHRI BIJAYANANDA PRUSETH (Accountant Member)

271(1)(c) of the Act on the ground that additions made by the Assessing Officer in respect of which penalty was levied stood deleted by the Order, dated 20/02/2023, passed by the Tribunal in the quantum proceedings. 3. On perusal of the grounds raised by the Revenue, we note that Ground No.1 raised by the Revenue reads as under

AZZ WSI B V ,MUMBAI vs. DY CIT (IT) CIRCLE- 1 (1)(2), MUMBAI

In the result, the appeal of the assessee is allowed

Penalty notice u/s 271 (l)(c) is initiated separately." 11. Income of Rs. 10,41,53,180/- is the same as computed in the draft assessment order dated 21-12-2019. Considering the aforementioned factual matrix, we are of the opinion that as per the provisions of section 144C(5) of the Act, directions given by the DRP are binding

AKER POWERGAS P.LTD,MUMBAI vs. DCIT RANGE 15(1)(1), MUMBAI

In the result we allow the additional ground raised by the assessee and quash the assessment order

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Dy. Commissioner Of Aker Powergas P. Ltd. Income–Tax, Circle–15(1)(1), Powergas House, 83 I Think Room No.470, Aayakar Techno Campus Kanjur Marg Vs. Bhavan, M.K. Rd, (E), Mumbai–400 042 Mumbai–400 020 (Appellant) (Respondent) Pan No. Aaacd1981E Assessee By : Shri Ketan Ved, Ms. Shraddha Jain, Ars Revenue By : Shri Vivek A Perampurna, Dr Date Of Hearing: 05.04.2022 Date Of Pronouncement : 23.06.0222

penalty notice dated 21 December 2016 u/s 274 read with Section 271 (1) (C) of the act along with the draft assessment order thereby Aker Powergas P. Ltd; A.Y. 2013–14 not following the procedures laid down u/s 144C of the act. iii. The appellant submits that the draft assessment order passed u/s 143 (3) read with Section 144C

LORD INDIA P.LTD,MUMBAI vs. ASST CIT 10(2)(1), MUMBAI

In the result we allow the additional ground raised by the assessee and quash the assessment order

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhaillord India Private Vs. Assistant Commissioner Limited (F Ormer Ly Know N A S L Ord Of Income-Tax, Circle- India C Hem Ica L Pr Od Uct S Pv T. Lt D. ) 10(2)(1), Room No. 509, A/401-404, 215 – Atrium Aayakar Bhavan, Chakala, Andheri – Kurla M.K. Road, Road Andheri (East) Mumbai - 400020 Mumbai - 400093 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0785H Appellant .. Respondent Appellant By : M.P. Lohia Respondent By : Dr. Samual Pitta Date Of Hearing 29.03.2023 Date Of Pronouncement 24.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Drp-1, Mumbai Dated 26.02.2015 For A.Y. 2011- 12. The Assesse Has Raised The Following Grounds Before Us: “1. Transfer Pricing - Availing Of Intra-Group Services 1.1 On The Facts & Circumstances Of The Case & In Law, The Learned Acit/ Drp Erred In Determining The Arm'S Length Price In Relation To The International Transaction Relating To The Availing Of Group Benefit Services/ Technical Service Management Services (Hereinafter Referred To As "Intra-Group Services") Of Rs.1,14,87,092 To Be Rs. 22,97,418/-, Thus Making An Adjustment Of Rs.91,89,674/- & Thereby Disregarding The Fact That The Appellant Had Received The Services For The Purposes Of Its Business. In Doing So, The Learned Acit/ Drp Grossly Erred By Not Appreciating The Commercial Wisdom/ Expediency Of The Appellant

144C (13 ) of the Act wherein the total income of the assessee was assessed at ₹ 141,421,940. 014. The learned authorised representative , in the additional ground stated that the assessment order passed on 21 December 2016 is accompanied with a notice of demand u/s 156 of the act and also a show cause notice of penalty u/s 274 read

GLOBAL HOSPITALITY LICENSING SARL,MUMBAI vs. DCIT (IT) RANGE - 2 (3)(2), MUMBAI

In the result we allow the additional ground raised by the assessee and quash the assessment order

Bench: Shri Vikas Awasthy & Shri Amarjit Singhglobal Hospitality Vs. Deputy Commissioner Of Licensing Sarl Income Tax (I.T.) C/O Marriot Hotels India Range-2(3)(2) Private Limited 303A, Room No. 1702, 17Th 304, Fulcrum, B-Wing, Floor, Air India Building, Hiranandani Business Nariman Point, Park, Sahar Road, Mumbai - 400021 Andheri (East), Mumbai – 400099 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcg5657K Appellant .. Respondent Appellant By : Paras Savla Pratik Poddar Respondent By : Soumendu Kumar Das

144C (13 ) of the Act wherein the total income of the assessee was assessed at ₹ 141,421,940. 014. The learned authorised representative , in the additional ground stated that the assessment order passed on 21 December 2016 is accompanied with a notice of demand u/s 156 of the act and also a show cause notice of penalty u/s 274 read

MARSH INDIA INSURANCE BROKERS PVT. LTD,MUMBAI vs. ADDL /JTDY/ACIT/ITO/NFAC, MUMBAI

In the result, both the appeal

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17 & Assessment Year: 2017-18 Marsh India Insurance Brokers Additional/Joint/Deputy/Assistant Private Limited, Commissioner Of Income 1201-02, Tower, One India Vs. Tax/Income-Tax Officer, National Bulls Centre, Jupiter Mills E-Assessment Centre, Delhi. Compound, Senapati Bapat Marg, Elphinstone Road (West), Mumbai-400013. Pan No. Aadcm 4220 G Appellant Respondent Assessee By : Mr. Madhur Agrawal Revenue By : Mr. Manoj Kumar, Cit-Dr

u/s 271(1)(c) of the Act has not been levied by way of this order and 271(1)(c) of the Act has not been levied by way of this order and 271(1)(c) of the Act has not been levied by way of this order and therefore, the issue being premature at this stage therefore, the issue

MARSH INDIA INSURANCE BROKERS PRIVATE LIMITED ,MUMBAI vs. ADDL/JT/DY/ASSTT/CIT/ITO/NFAC, DELHI, DELHI

In the result, both the appeal

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17 & Assessment Year: 2017-18 Marsh India Insurance Brokers Additional/Joint/Deputy/Assistant Private Limited, Commissioner Of Income 1201-02, Tower, One India Vs. Tax/Income-Tax Officer, National Bulls Centre, Jupiter Mills E-Assessment Centre, Delhi. Compound, Senapati Bapat Marg, Elphinstone Road (West), Mumbai-400013. Pan No. Aadcm 4220 G Appellant Respondent Assessee By : Mr. Madhur Agrawal Revenue By : Mr. Manoj Kumar, Cit-Dr

u/s 271(1)(c) of the Act has not been levied by way of this order and 271(1)(c) of the Act has not been levied by way of this order and 271(1)(c) of the Act has not been levied by way of this order and therefore, the issue being premature at this stage therefore, the issue

STAR INTERNAITONAL MOVIES LTD,MUMBAI vs. ASST CIT (IT) 4(2)(2), MUMBAI

In the result, the ground taken by the assessee is allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1519/Mum/2016 (नििाारण वर्ा / Assessment Year: 2011-12) बिाम/ Channel V Music Networks Deputy Commissioner Of Income-Tax(International Limited Taxation)- 2(1)(1) Partnership V. Scindia House, C/O Star India Private Ltd., Mumbai- 400038 Star House, Urmi Estate, 95, Ganpat Rao Kadam Marg, Lower Parel (W), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaefc6136H (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

penalty proceedings under Section 271(1)(c) of the Act without appreciating the fact that the Appellant has not concealed any income nor furnished any inaccurate particulars of its income. I.T.A. No.1519 & 1637/Mum/2016 The Appellant craves leave to add, alter, amend or delete one or more of the ground at any time before, or at the time of, hearing

CHANNEL MUSIC NETWORKS LTD PARTNERSHIP,MUMBAI vs. DCIT (IT) 2(1)(1), MUMBAI

In the result, the ground taken by the assessee is allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1519/Mum/2016 (नििाारण वर्ा / Assessment Year: 2011-12) बिाम/ Channel V Music Networks Deputy Commissioner Of Income-Tax(International Limited Taxation)- 2(1)(1) Partnership V. Scindia House, C/O Star India Private Ltd., Mumbai- 400038 Star House, Urmi Estate, 95, Ganpat Rao Kadam Marg, Lower Parel (W), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaefc6136H (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

penalty proceedings under Section 271(1)(c) of the Act without appreciating the fact that the Appellant has not concealed any income nor furnished any inaccurate particulars of its income. I.T.A. No.1519 & 1637/Mum/2016 The Appellant craves leave to add, alter, amend or delete one or more of the ground at any time before, or at the time of, hearing

ESSAR POWER LTD,MUMBAI vs. ADDL CIT RG 5(1), MUMBAI

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

penalty proceedings under section 271(l)(c) of the Act. 3. The ld. Counsel of the assessee has submitted an additional ground also which reads as under: 1. The order passed by the Assessing Officer u/s. 144C r.w.s 143(3) of the Act dated 16.01.2015 in conformity with the direction of the Hon’ble DRP is time barred and hence