PROCTER & GAMBLE HYGIENE AND HEALTH CARE LTD,MUMBAI vs. DCIT 8(2), MUMBAI

In the result, both the appeals of the assessee are allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.1373/Mum/2015 (A.Ys. 2006-07 & 2008-09) Procter & Gamble Hygiene Vs. Dcit, Circle 10(3)(2) & Healthcare Limited Aaykar Bhavan, P & G Plaza Cardinal Mumbai Gracias Road, Chakkala, Andheri (East) Mumbai – 400099 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

penalty u/s. 271(1)(c) of the Income-tax Act, 1961 ('the Act) of Rs 11.34,45,500 in respect of the Transfer Pricing adjustment on account of export of finished goods. 2. In doing so he failed to appreciate and ought to have held that: a) the Appellant had computed the price paid in the international transaction in accordance

PROCTER & GAMBLE HYGIENE AND HEALTHCARE LTD,MUMBAI vs. DCIT CIRCLE-8(2), MUMBAI

In the result, both the appeals of the assessee are allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.1373/Mum/2015 (A.Ys. 2006-07 & 2008-09) Procter & Gamble Hygiene Vs. Dcit, Circle 10(3)(2) & Healthcare Limited Aaykar Bhavan, P & G Plaza Cardinal Mumbai Gracias Road, Chakkala, Andheri (East) Mumbai – 400099 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

penalty u/s. 271(1)(c) of the Income-tax Act, 1961 ('the Act) of Rs 11.34,45,500 in respect of the Transfer Pricing adjustment on account of export of finished goods. 2. In doing so he failed to appreciate and ought to have held that: a) the Appellant had computed the price paid in the international transaction in accordance

KENT ENGINEERING INDIA PRIVATE LIMTED ,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEAL), MUMBAI

In the result, the appeal of the assessee bearing ITA No

Bench: Shri Amarjit Singh, Am & Shri Anikesh Banerjee, Jm Kent Engineering India Private Limited 10Th Floor, Lal Bahadur Commissioner Of Income Shastri Marg, Vikharoli, Tax (Appeal), 1(2)(1), Gagorre Nagar, S.O. Aaykar Bhavan, M.K. Road, Vs. Embassy 247, Tower C Mumbai-400 020 Vikhroli, Mumbai-400 083 (Appellant) (Respondent) Pan No. Aaacr1966M Assessee By : Shri Niraj Sheth, Ar Revenue By : Shri Dhiraj Kumar, Dr Date Of Hearing: 15.07.2024 Date Of Pronouncement: 16.07.2024

92C of the Act. Ground No. 6-On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) erred in upholding /confirming the action of the Learned AO in erred in appreciating that the additions made in the assessment order is merely difference of opinion between the Appellant and the Learned AO/TPO

THE ACIT CC-38, MUMBAI vs. M/S. UNITED PHOSPHOROUS LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

ASST CIT CC 38, MUMBAI vs. UNIPHOS ENTERPRISES LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

M/S. UNITED PHOSPHORUS LTD(NOW KNOWN AS UNIPHOS ENTERPRISES LTD),MUMBAI vs. THE DCIT CEN CIR-38, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

ADDL CIT CEN RG IX, MUMBAI vs. UNIPHOS ENTERPRISES LTD ( FORMLERY KNOWN AS UNITED PHOSPHORUS LTD), MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

UNIPHOS ENTERPRISES LTD ( FORMERLY KNOWN AS UNITED PHOSPHORUS LTD),MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

UNIPHOS ENTERPRISES LTD,MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

penalty levied u/s 271(1)(c))\nACIT, CC-38, Room no.\nVs.\nM/s. United Phosphorous Ltd.\n32(1), Ayakar Bhavan,\nUniphos House, Madhu Park,\nMaharishi Karve Rd.,\n11th Road, Khar (W), Mumbai.\nMumbai-400020.\nPAN: AAACU 3440 P\n(Appellant)\n(Respondent)\nAssessee by\nMs. Vasanti Patel Advocate\nRevenue by\nShri. Kiran Unavekar, Sr. DR\nDate of Hearing\n18/03/2025\nDate

M/S. INTERNATIONAL SPECIALTY PRODUCTS (INDIA) PRIVATE LIMITED,HYDERABAD vs. CIRCLE 15(1)(2), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2012-13

u/s 92CA(1) of the Act was made for determination of arm's length price (ALP) in respect of international transactions undertaken by the assessee. Ld. TPO made the following adjustments in the Transfer Pricing Order: 3 International Specialty Products (India) Pvt. Ltd. AY 2012-13 S. No. International Transaction Adjustment in Rs. 1 Provision of ITES

UNITED PHOSPHORUS LTD ( FORMELRY KNOWN AS SEARCH CHEM INDUSTRIES LTD),MUMBAI vs. DCIT CEN CIR 38, MUMBAI

92C(4) on the basis of the order\npassed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540\nbeing commission @ 0.6% on corporate financial guarantees amounting to\nRs1,633,500,000 provided on behalf of associated enterprises to meet with the\narm's length principle\n3 On the facts and in the circumstances

DCIT CC-38, MUMBAI vs. UNITED PHOSPHORUS LTD ( FORMERLY KNOWN AS SEARCH CHEM INDL.L TD), MUMBAI

92C(4) on the basis of the order\npassed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540\nbeing commission @ 0.6% on corporate financial guarantees amounting to\nRs1,633,500,000 provided on behalf of associated enterprises to meet with the\narm's length principle\n\n3 On the facts and in the circumstances

UNITED PHOSPHORUS LTD ( FORMERLY KNOWN AS SEARCH CHEM INDUSTRIES LTD),MUMBAI vs. DCIT CEN CIR 38, MUMBAI

92C(4) on the basis of the order\npassed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540\nbeing commission @ 0.6% on corporate financial guarantees amounting to\nRs1,633,500,000 provided on behalf of associated enterprises to meet with the\narm's length principle\n\n3 On the facts and in the circumstances

THE BOSTON CONSULTING GROUP INDIA P.LTD,MUMBAI vs. DCIT CIR 3(3)(2), MUMBAI

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

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blethe Boston Consulting Group (India) V. Dcit – 3(3)(2) Private Limited Aayakar Bhavan, M.K. Road 14Th Floor, Nariman Bhavan Mumbai - 400020 227, Nariman Point Mumbai - 400021 Pan: Aabcb3524G (Appellant) (Respondent) Assessee Represented By : Shri J.D. Mistri Department Represented By : Shri Rajesh Pardeshi

271(1)(c) of the Act. The Appellant, therefore, prays that the learned AO be directed to drop the initiation of the aforesaid penalty proceeding. The Appellant craves leave to add, alter, amend or withdraw all or any of the Grounds of Appeal herein and to submit such statements, documents and papers as may be considered necessary either

BOEHRINGER INGELHEIM INDIA P.LTD,MUMBAI vs. ITO RG 14(1)(2), MUMBAI

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

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyboehringer Ingelheim Vs. Income Tax Officer, India Private Limited Range 14(1)(2) 1102, 11Th Floor, Hall Room No. 431, Aaykar Mark Business Plaza, Bhavan, M.K. Road, Gurunanak Hospital, Mumbai – 400 020 Bandra (East), Mumbai- 400 051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccb2979C Appellant .. Respondent Appellant By : M.P. Lohia & Hemen Chandariya Respondent By : Tejinder Pal Singh Anand

92C and not allowing the Appellant the benefit of variation of +/-3% in determining the ALP. 20. erred in making adjustment on alternate basis by holding that in case the Appellate authorities uphold that the Appellant is engaged in provision of support services only. the comparable companies engaged in support services identified by the Appellant in the transfer pricing documentation

DCIT CC-38, MUMBAI vs. UNITED PHOPHOURUS LTD ( FORMERLY KNWON AS SEARCH CHEM INDL. LTD), MUMBAI

92C(4) on the basis of the order\npassed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540\nbeing commission @ 0.6% on corporate financial guarantees amounting to\nRs1,633,500,000 provided on behalf of associated enterprises to meet with the\narm's length principle\n3 On the facts and in the circumstances

UNITED PHOSPHORUS LTD,MUMBAI vs. DCIT CEN CIR 38, MUMBAI

92C(4) on the basis of the order passed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540 being commission @ 0.6% on corporate financial guarantees amounting to Rs1,633,500,000 provided on behalf of associated enterprises to meet with the arm's length principle\n3 On the facts and in the circumstances

UNITED PHOSPHORUS LTD ( FORMERLY KNOWN AS SEARCH CHEM INDUSTRIES LTD),MUMBAI vs. DCIT CEN CIR 38, MUMBAI

92C(4) on the basis of the order\npassed by the Transfer Pricing Officer under section 92CA(3) of Rs 98,13,540\nbeing commission @ 0.6% on corporate financial guarantees amounting to\nRs1,633,500,000 provided on behalf of associated enterprises to meet with the\narm's length principle\n\n3 On the facts and in the circumstances