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

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 6(3)(1), MUMBAI

271(1)(c)\nof the Act.\nThe Appellant prays that the penalty proceedings be dropped in the\nmatter.\nGround 5 - Levy of interest under section 234B of the Act\n5.1. On the facts and in the circumstances of the case, the learned AO\nhas erred in charging interest of Rs. 2,81,17,008.\nThe Appellant prays that

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

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

144C (1) of the Act, the learned Assessing Officer is required to pass draft of the assessment order in case of impugned assessee. But here draft assessment order is accompanies with Notice of demand u/s 156 of the Act and followed with a show cause notice for levy of penalty u/s 274 read with section 271

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

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

section 271(1)(c) of the Act. 5.2 The learned ACIT/DRP erred in not appreciating that there was no concealment of income or furnishing of inaccurate particulars of income by the appellant for penalty proceedings to be initiated in this regard. 6. The Appellant submits that each grounds of appeal is without prejudice to one another. 7. The Appellant craves

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

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

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

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

5. During the course of appellate proceedings before us the assesse has filed additional ground of appeal before us as under: “12. On the facts and circumstances of the case and in law, the draft assessment order dated March 23, 2015 passed by the Assessing Officer along with the notice of demand under section 156 and penalty notice under section

M/S. BRIGHTSTAR INFRASTRUCTURE PVT. LTD,MUMBAI vs. ADDL/JT/DY/CIT/ITO/NFAC, DELHI

In the result, the appeal of the assesse is allowed

penalty proceedings u/s 270A of the Act; 8. The Ld. AO erred in charging and computing interest under section 234B and 234C of the Act. The Appellant craves leave to add, alter, modify, and withdraw all or any of the above grounds of appeal at or before the time of hearing of the appeal. For the above and any other

ASSISTANT COMMISSIONER OF INCOME TAX( INTERNATIONAL TAXATION)-3(2)(2), MUMBAI, MUMBAI vs. M/S. OXFORD UNIVERSITY PRESS, DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh () Assessment Year: 2015-16 Asst. Cit (International M/S Oxford University Press, Taxation)-3(2)(2), 22 Workspace 2Nd Floor, 1/22 Asaf Vs. R. No. 615, Sixth Floor, Ali Road, Daryaganj Central, Delhi, Kautilya Bhavan, Bkc, Delhi-110002. Mumbai-400051. Pan No. Aaaco 3279 K Appellant Respondent

section 271(1)(c) 271(1)(c) 271(1)(c) does does does not not not invalidate invalidate invalidate the the the penalty penalty penalty levied levied levied u/s.271(1)(c) for furnishing of inaccurate particulars of u/s.271(1)(c) for furnishing of inaccurate particulars of u/s.271(1)(c) for furnishing of inaccurate particulars of income. The facts

SCHOTT GLASS INDIA P.LTD,MUMBAI vs. ITO 8(3)(1), MUMBAI

In the result, ITA 7356/Mum/2014 of the appeals of the assessee are allowed for statistical purpose and ITA No

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhschott Glass India Private Vs. Income Tax Officer 8(3)-1 Limited, Dynasty “A” Wing Room No. 201, Aayakar 303/304, 3Rd Floor, Bhavan, M.K. Road, Andheri Kurla Road, Mumbai – 400020 Andheri (E) Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Schott Glass India Private Vs. Deputy Commissioner Of Limited, Dynasty “A” Wing Income Tax 8(3) 303/304, 3Rd Floor, Room No. 204, Aayakar Andheri Kurla Road, Bhavan, M.K. Road, Andheri (E) Mumbai – 400020 Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Appellant By : Ketan Ved Respondent By : Mahesh Jiwade Date Of Hearing 12.12.2023 Date Of Pronouncement 24.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assessee Are Directed Agasint The Different Orders Of Ld. Cit(A)-15, Mumbai. Since Both These Appeals

section (1) of Sec. 144C of the Act, after making addition of Rs.8,59,31,291/- pertaining to upward adjustment to the arm’s length price as recommended by the TPO. The P a g e | 4 ITA No.7356/Mum/2014 & ITA No.2594/Mum/2012 Schott Glass India Private Limited Vs. ITO-8(3)-1 AO has also initiated penalty proceedings u/s 271

SCHOTT GLASS INDIA PVT. LTD.,MUMBAI vs. D.C.I.T. CIRCLE 8(3), MUMBAI

In the result, ITA 7356/Mum/2014 of the appeals of the assessee are allowed for statistical purpose and ITA No

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhschott Glass India Private Vs. Income Tax Officer 8(3)-1 Limited, Dynasty “A” Wing Room No. 201, Aayakar 303/304, 3Rd Floor, Bhavan, M.K. Road, Andheri Kurla Road, Mumbai – 400020 Andheri (E) Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Schott Glass India Private Vs. Deputy Commissioner Of Limited, Dynasty “A” Wing Income Tax 8(3) 303/304, 3Rd Floor, Room No. 204, Aayakar Andheri Kurla Road, Bhavan, M.K. Road, Andheri (E) Mumbai – 400020 Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Appellant By : Ketan Ved Respondent By : Mahesh Jiwade Date Of Hearing 12.12.2023 Date Of Pronouncement 24.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assessee Are Directed Agasint The Different Orders Of Ld. Cit(A)-15, Mumbai. Since Both These Appeals

section (1) of Sec. 144C of the Act, after making addition of Rs.8,59,31,291/- pertaining to upward adjustment to the arm’s length price as recommended by the TPO. The P a g e | 4 ITA No.7356/Mum/2014 & ITA No.2594/Mum/2012 Schott Glass India Private Limited Vs. ITO-8(3)-1 AO has also initiated penalty proceedings u/s 271

ACIT (LTI-1), MUMBAI vs. TCS LTD., MUMBAI

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

Bench: Shri B.R. Baskaran (Am) & Shri Rahul Chaudhary (Jm)

144C of the Act determining total income at Rs. 1691.48 crores under normal provisions of the Act. The Assessing Officer initiated the penalty proceedings u/s 271(1)(c) of the Act along with completion of the assessment. After receipt of the appellate order passed by Ld CIT(A), the Assessing Officer completed the penalty proceedings and levied penalty

ACCENTURE SOLUTIONS P LTD (ASOL),MUMBAI vs. ADDL/JT/ DY/CIT/ASSTT/ITO, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI & THE DY CIT,CIRCLE-14(1)(1), MUMBAI

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

Bench: Shri Amit Shukla & Shri Amarjit Singhaccenture Solutions Vs. Additional/Joint/Deputy/ Private Limited (‘Asol’) Assistant Commissioner Plant 3, Godrej & Boyce Of Income Tax/Income- Complex, Phirojshah Tax Officer, National Nagar, Vikhroli West, Facelless Assessment Off L.B.S Marg, Centre, Delhi Mumbai – 400079 The Dcit, Circle 14(1)(1) स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaach3235M Appellant .. Respondent Appellant By : Nishant Thakkar/ Hiten Chande/ Ms. Jasmin Amalsadvala Respondent By : Azhar Zain Vayal Parambath Date Of Hearing 22.05.2023 Date Of Pronouncement 13.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ao (National Assessment Centre) Mumbai- 2, Dated 18.03.2021 For A.Y. 2016-17 As Per The Direction Of The Drp Issued U/S 144C (5) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “On The Facts & Circumstances Of The Case & In Law, The Learned Ao Transfer Pricing Officer (Tpo), Based On The Directions Of The Hon'Ble Drp Has: General Ground 1. Erred In Assessing The Total Income Of The Appellant At Rs.2888,33,73,016 Against A Total Income Of Rs.2179,39,30,620 As Reported By The Appellant In Its Revised Return Of Income & Determining A Demand Of Rs.2186,98,55,847 Payable By The Appellant.

u/s 144C (5) of the Act. The assessee has raised the following grounds before us: “On the facts and circumstances of the case and in law, the Learned AO Transfer Pricing Officer (TPO), based on the directions of the Hon'ble DRP has: General Ground 1. Erred in assessing the total income of the Appellant at Rs.2888

DHL LOGISTICS P. LTD.,MUMBAI vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhdhl Logistics Private Vs. National E-Assessment Limited, 201A, Silver Centre Utopia, Cardinal Gracias Additional/Joint/Deputy/ Road, Chakala, Assistant Commissioner Andheri (East) Of Income Tax/Income Mumbai – 400099 Tax Officer, National E- Assessment Centre Delhi स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacm6824H Appellant .. Respondent Appellant By : Madhur Agrawal/Fenil Bhatt/ Darshan Dalal Respondent By : Jayant B Jhaveri Date Of Hearing 19.06.2023 Date Of Pronouncement 22.06.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Cit(Drp-1), Mumbai, Dated 15.03.2021 For A.Y. 2016-17. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & In The Circumstances Of The Case & In Law The Order Dated 1 November 2019 Passed By The Learned Asst. Commissioner Of Income-Tax (Transfer Pricing)-1(2)(2), Mumbai ('Ld. Tpo) Under Section 92Ca Of The Act Is Beyond The Time Limit Prescribed Under Section 92Ca(3A) R.W.S 153 Of The Income-Tax Act, 1961 (Act), Thus Making The Transfer Pricing Order & Resultant Final Assessment Order Dated 30 April 2021 Is Illegal, Bad In Law, Null & Void & Liable To Be Quashed. The Following Grounds Are Without Prejudice To Ground 1 Above.

5. Charge of interest under section 234A and 2348 of the Act. 5.1 On the facts and circumstances of the case and in law, the learned AO has erred in charging interest under section 234A and 2348 of the Act. It is prayed that the learned AO be directed to delete the interest under section 234A