PROCTER AND GAMBLE HEALTH PVT LTD,MUMBAI vs. DCIT 8(2)(1), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2005-06 Procter & Gamble Heath Ltd., The Dy. Cit-8(2)(1), P& G Plaza, Cardinal Gracias Road, Room No. 624, 6Th Floor, Vs. Chakala Andheri (East), Aayakar Bhavan, Sir M.K. Mumbai-400099. Road, Mumbai-400020. Pan No. Aaace 2616 F Appellant Respondent

penalty u/s 271(1)(c) is leviable for filing inaccurate particul 271(1)(c) is leviable for filing inaccurate particulars of income. ars of income. (ii) Addition u/s 92CA on account of transfer pricing

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

pricing order passed by Additional Commissioner of\nIncome-tax (Transfer Pricing) - 1(3), Mumbai is beyond jurisdiction -\nThe ground was not pressed\n1. Reference to the Additional Commissioner of Income-Tax (Transfer\nPricing) - 1(3), Mumbai and the transfer pricing order under section\n92CA(3) of the Act passed by the Additional Commissioner of Income-Tax\n(Transfer Pricing

ACIT-3(4), MUMBAI vs. RELIANCE INDUSTRIES LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed whereas the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 Reliance Industries Ltd., Dy. Cit Circle 3(4), 3Rd Floor, Maker Chamber Iv 222 Room No. 559, Aayakar Bhavan, Nariman Point, Vs. Maharshi Karve Road, Mumbai-400021. Mumbai-400020. Pan No. Aaacr 5055 K Appellant Respondent Assessment Year: 2016-17 Acit-3(4), Reliance Industries Ltd., Room No. 481(2), 4Th Floor, 3Rd Floor, Maker Chamber Iv Aayakar Bhavan, N.M. Road, Vs. Nariman Point, New Marine Lines, Mumbai-400021. Mumbai-400020. Pan No. Aaacr 5055 K Appellant Respondent

u/s 271(1)(c) of the Act is leviable as per I.T. Act, 1961. 6. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is deleting the penalty levied on transfer pricing

CAPRICON REALTY LTD.,MUMBAI vs. ACIT CIR 2(1), MUMBAI

In the result, appeal of assessee is allowed

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 5724/Mum/2013 (नििाारण वर्ा / Assessment Year : 2005-06)

penalty levied by the AO u/s 271(1)(c) which was later confirmed by learned CIT(A) . 6. We have considered rival contentions and have perused the material on record including orders of authorities below and cited case laws. The assessee is engaged in the business of property developments. The assessee company is one of the three Special Purpose Vehicles

SANDEEP BHIMRAO LAD,MUMBAI vs. DCIT CIRCLE-3, THANE

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 1620/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2009-10)

transfer deeds duly signed, have been impounded in the course of survey proceedings under Section 133A conducted on 16.12.2003, in the case of a sister concern of the assessee. The survey was conducted more than 10 17 I.T.A. No. 1617 to 1620/Mum/2018 Sandeep Bhimrao Lad & Sunny Ashok Lad months before the assessee filed its return of income. Had it been

SWARAN NADHAN SALARIA,MUMBAI vs. DICT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

JSW ENERGY LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (TRANSFER PRICING) 2(3)(1), MUMBAI

In the result, the appeal is allowed

Bench: Us Is A Public Company Engaged In The Business Of Generation Of Power & Operation & Maintenance Of The Power Plants, As Also Other Allied Activities. During The Course Of Its Assessment Proceedings, The Assessing Officer Made A Reference Under Section 92Ca(1), For Determination Of The Arm‟S Length Price Of The International Transactions & Specified Domestic Transaction Entered Into By The Assessee With Its Associated Enterprises (Aes), To The Deputy Commissioner Of Income Tax, Assessment Year 2014-15 Page 2 Of 17

271(1) (c) would have been separately considered by the Assessing Officer, which is mutually exclusive from the levy of Penalty under Section 271G of the Act in this case. Both these penalty provisions are mutually exclusive and not overlapping. The fact that making an ALP adjustment is not a condition precedent for levy of penalty under section 271G

M/S. MERCATOR LTD,MUMBAI vs. THE DY CIT 5(2), MUMBAI

In the result, the appeal filed by the revenue and CO by the asssessee are dismissed and the asseessee appeal is allowed for statistical purposes

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No. 7278/Mum/2017 (A.Y: 2010-11) & Co No. 21/Mum/2019 (2010-11) (Arising Out Of Ita No. 29/Mum/2018) Mercator Ltd Vs. Dcit 3Rd Floor, Mittal Tower- Range 5(2) B Wing, Nariman Point Aayakar Bhavan, Mk Mumbai- 400021. Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Dy. Cit Vs. Mercator Lines Ltd Range 5(2)(2), Rno.571 3Rd Floor, Mittal Tower- Aayakar Bhavan, Mk B Wing, Nariman Point Road, Mumbai – 400 021. Mumbai - 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Assessee By : Mr.Nikhil Tiwari.Ar Revenue By : Mr.Krishnakumarmishra.Dr Date Of Hearing 30.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: 29/Mum/2018 & Co No. 21/Mum/2019 M/S. Mercator Ltd, Mumbai. The Cross Appeal Is Filed By The Assessee & The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) (Cit(A))-57, Mumbai Passed U/S 250 Of The Act & The Assessee Has Filed The Cross Objection(Co) In The Revenue Appeal.

transfer pricing issues and ground no 25 and 26 are corporate tax additions on disallowance u/s 14A of the Act and ground no 27 and 28 are in respect of levy of interest u/s 234C and 234D of the Act and ground of appeal no 29 with regard to initiating penalty u/s 274 r.w.s 271

M/S. INDIA MEDTRONICS PVT.LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(2),, BARODA

In the result, similarly the Assessee’s appeal is partly allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal

u/s. 234B and 234C of the Act. Charging of interest under the aforesaid section, is mandatory and consequential, hence, ground No. 18 is dismissed. 36 ITA No.480/Ahd/2011 & ITA No.3361/Ahd/2010 – India Medtronic Private limited. 53. In ground No. 19 of appeal, the assessee has assailed levy of penalty under section 271(1)(c) of the Act. We are of the considered

ACIT-23(1), MUMBAI, PIRAMAL CHAMBER, MUMBAI vs. PARISHI DIAMONDS, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2012-13 Acit-23(1), Parishi Diamonds, 511, 5Th Floor, Piramal Chamber, Cc2091 To Cc 2093 Tower Central Vs. Lalbaug, Parel, Wings Bharat Diamond Bourse Bandra Mumbai-400012. Kurla Complex, Bandra East, Mumbai-400051. Pan No. Aajfp 2118 B Appellant Respondent

price. The requirement to maintain having regard to arm's length price. The requirement to maintain having regard to arm's length price. The requirement to maintain documentation is mandatory as pr documentation is mandatory as provided in sec.92D) r.w. Rule 10D. ovided in sec.92D) r.w. Rule 10D. The significance of maintenance of documentation has The significance of maintenance

VAN OORD INDIA P.LTD,MUMBAI vs. DCIT RG 5(3), MUMBAI

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

Bench: Shri. A. D. Jain & Shri Rajesh Kumar

penalty proceedings under section 271(1)c) when the Appellant had made full and true disclosures both, in the return of income and during assessment proceedings. 2. The assessee has also raised the following additional ground: "The Appellant prays that the Dividend Distribution Tax (DDT) paid under section 115-0 of the Income-tax Act, 1961 ('the Act) on dividends

DCIT, CC-7(1), MUMBAI vs. M/S MANEESH PHARMACEUTICALS LTD., MUMBAI

u/s 274 r.w.s. 271(1)(c) issued before passing the impugned order levying the penalty.” 3. The relevant facts, in brief, are that assessment under Section 143(3) read with Section 153A of the Act was framed for the Assessment Year 2010-11 on the Assessee, vide order dated 31.03.2016. The Assessing Officer made the following additions/disallowance and initiated penalty

DCIT CIR 3(3), MUMBAI vs. SIRO CLINPHARM P.LTD, MUMBAI

In the result, appeal of the assessee is allowed

u/s. 80IB(8A) of the I.T. Act, 1961 without appreciating the fact that mere approval from the prescribed authority does not exempt the assessee from fulfilling the statutory conditions required under sec. 80IB(8A)-II & IV of the I.T. Act and Rule 18DA of the I.T. Rules, 1962 for claiming the said deduction? 3. The appellant prays that the order

SIRO CLINPHARM P. LTD,MUMBAI vs. DCIT CIR 3(3), MUMBAI

In the result, appeal of the assessee is allowed

u/s. 80IB(8A) of the I.T. Act, 1961 without appreciating the fact that mere approval from the prescribed authority does not exempt the assessee from fulfilling the statutory conditions required under sec. 80IB(8A)-II & IV of the I.T. Act and Rule 18DA of the I.T. Rules, 1962 for claiming the said deduction? 3. The appellant prays that the order

LANXESS INDIA P.LTD,THANE vs. DCIT CIR 1, THANE

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Kavitha Rajagopal () Assessment Year: 2011-12 Lanxess India Pvt. Ltd., Dy. Cit, Circle-1, Lanxess House, Plot No. Room No. 22, 6Th Floor, B A/162-164, Road No. 27, Vs. Wing Asher It Park, Road, Wagle Estate, Opp. Iti College, 16-Z, Wagle Industrial Midc, Thane (West)-400 604. Estate, Thane (West)-400604. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2011-12 Dy. Cit, Circle-1, Lanxess India Pvt. Ltd., Room No. 22, 6Th Floor, B Wing Lanxess House, Plot No. Asher It Park, Road, 16-Z, Vs. A/162-164, Road No. 27, Wagle Industrial Estate, Thane Wagle Estate, Opp. Iti (West)-400604. College, Midc, Thane (West)- 400 604. Pan No. Aaccb 3880 A Appellant Respondent

transfer pricing adjustment to the manufacturing segment for each plant separately using internal plant separately using internal TNMM as most appropriate method, TNMM as most appropriate method, comparing the margin of export sales to third parties with t he comparing the margin of export sales to third parties with t he comparing the margin of export sales to third parties