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

3)(2) 2. The Appellant prays that the action of the CIT(A) to that extent be reversed. WITHOUT PREJUDICE TO ABOVE GROUND II: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in upholding the penalty levied by the A.O on account of disallowance made by restricting the claim u/s 801B from

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

3)(2) 2. The Appellant prays that the action of the CIT(A) to that extent be reversed. WITHOUT PREJUDICE TO ABOVE GROUND II: 1. On the facts and circumstances of the case and in law, the CIT(A) erred in upholding the penalty levied by the A.O on account of disallowance made by restricting the claim u/s 801B from

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

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

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

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

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

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

3-On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) erred in upholding Kent Engineering India Pvt. Ltd; A.Y. 12-13 /confirming the action of the Learned AO in levying penalty of Rs. 8,811,560 under section 271(1)(c) of the Act alleging that the Appellant has furnished inaccurate

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

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

u/s.\n|\n| 1.\n| 6807/MUM/2010\n| CIT(A)- 15/IT- 205/DCIT/C C-38/06-07\n| 22.07.2010\n| DCIT, CC-38,\nMumbai\n| 20.12.2006\n| 143(3)\n| 2004-2005\n| Department\n|\n| 2.\n| 6709/MUM/2010\n| CIT(A)- 15/IT- 326/DCIT/C C-38/08-09\n| 07.07.2010\n| DCIT, CC-38,\nMumbai\n| 18.12.2008\n| 143(3

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

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

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

3 month basis. 17. erred in not undertaking an objective comparative analysis and inter alia rejected following comparable companies selected by the Appellant  Cyber Media (India) Limited  EDCIL (India) limited  India Tourism Development Corporation Limited  Max Neeman International Limited  ICRA Management Consulting Services Limited 18. erred by not considering the impact of working capital adjustment while computing the operating margin

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

THOMAS COOK (INDIA) LTD.,MUMBAI vs. ADDL/ JT/ DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT CENTRE, DELHI

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

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon'Ble

section under which ESOP expenditure is allowable under the Income Tax Act 1961 ('Act). The only provision where a company can claim the expenditure is section 37 of the ActHence, it is pertinent to test the conditions mentioned in section 37 in order to conclude whether the expenditure is allowable? Section 37 of the Act Page

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

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