GAMMON INDIA LTD,MUMBAI vs. DCIT, CC- 7(2)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Blem/S. Gammon India Ltd V. Dcit-Central Circle 7(2) 3Rd Floor, Plot No. 3/8 Room No. 655, 6Th Floor Hamilton House, J.N. Heredia Marg Aayakar Bhavan Ballard Estate, Mumbai- 400038 M.K. Road, Mumbai- 400020 Pan: Aaacg3821A (Appellant) (Respondent) Dcit, Central Circle 7(2) V. M/S. Gammon India Ltd Room No. 655, 6Th Floor 1, Gammon House Aayakar Bhavan, M.K. Road Veer Savarkar Marg Mumbai- 400020 Prabhadevi, Mumbai - 400025 Pan: Aaacg3821A (Appellant) (Respondent)

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - Two years from the end of the assessment year in which the income was first assessable, or One year from the end of the financial year in which a return or a revised return relating to the assessment

DCIT CC 7(2), MUMBAI vs. M/S GAMMON INDIA LTD., MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Rahul Chaudhary, Hon'Blem/S. Gammon India Ltd V. Dcit-Central Circle 7(2) 3Rd Floor, Plot No. 3/8 Room No. 655, 6Th Floor Hamilton House, J.N. Heredia Marg Aayakar Bhavan Ballard Estate, Mumbai- 400038 M.K. Road, Mumbai- 400020 Pan: Aaacg3821A (Appellant) (Respondent) Dcit, Central Circle 7(2) V. M/S. Gammon India Ltd Room No. 655, 6Th Floor 1, Gammon House Aayakar Bhavan, M.K. Road Veer Savarkar Marg Mumbai- 400020 Prabhadevi, Mumbai - 400025 Pan: Aaacg3821A (Appellant) (Respondent)

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - Two years from the end of the assessment year in which the income was first assessable, or One year from the end of the financial year in which a return or a revised return relating to the assessment

TUBACEX PRAKASH INDIA P. LTD.,MUMBAI vs. ADDL/JT/CY/ASSTT/CIT/ ITO, NATIONAL E-ASSESSMENT CENTRE,, DELHI

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

Bench: Us, First We Would Like To Address Ground No.3 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

92B, a reference is made to the TPO under sub-section (1) of section 92CA of the Act. The TPO after considering the documents submitted by the assessee is to pass an order under section 92CA (3) of the Act. As per section 92CA(3A), the order has to be passed before the expiry of 60 days prior

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE ADDL/JT/DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT DENTRE,, DELHI

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

Bench: Us, First We Would Like To Address Ground No.2 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

92B, a reference is made to the TPO under sub-section (1) of section 92CA of the Act. The TPO after considering the documents submitted by the assessee is to pass an order under section 92CA (3) of the Act. As per section 92CA(3A), the order has to be passed before the expiry of 60 days prior

DCIT CC 3(2) CEN RG 3, MUMBAI vs. WORLD SPORTS (INDIA) P . LTD, MUMBAI

In the result, CO of the assessee is allowed and departments appeal stands dismissed

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - (a) Two years from the end of the assessment year in which the income was first assessable, or (b) One year from the end of the financial year in which a return or a revised return relating

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.

reassessment or re-computation or fresh assessment as the case may be expires. The decision of single bench of Hon’ble High Court of Madras in the case of Pfizer Healthcare Ltd Vs. JCIT as supra is reproduced as under: “30. Now, coming to the question of how the 60 day period is to be computed, the critical question would

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.

reassessment or re-computation or fresh assessment as the case may be expires. The decision of single bench of Hon’ble High Court of Madras in the case of Pfizer Healthcare Ltd Vs. JCIT as supra is reproduced as under: “30. Now, coming to the question of how the 60 day period is to be computed, the critical question would

TOWERS WATSON INDIA P.LTD,MUMBAI vs. DCIT CIR 8(3), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhwillis Towers Watson Vs. The Dcit Central India Private Limited Circle – 8(3), Room No. 204, (F Orm Erly K Nown As T Ower S Wat S On I Nd Ia Pv T.L Td. ) Aaykar Bhavan 2 Floor, Tower B, Unitech Mumbai – 400 093 Business Park, South City-1, Sector 4, Gurgaon -122001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacg2955K Appellant .. Respondent Appellant By : Nikhil Tiwari Respondent By : Manoj Kumar Date Of Hearing 02.05.2023 Date Of Pronouncement 12.05.2023 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 Ld. Cit(A)-58, Mumbai Dated 25.03.2015 For A.Y. 2009-10. The Assesse Has Raised The Following Grounds Before Us: “General Ground 1. Erred In Upholding The Action Of The Deputy Commissioner Of Income-Tax 8(3), Mumbai ('Learned Ao) In Determining The Total Taxable Income Of The Appellant For The Subject Ay At Rs.7,04,44,370 Instead Of The Amount Of Rs.1,14,98,477 As Reported Under Section 115Jb Of The Act, In The Return Of Income Filed By The Appellant. 2. Erred In Accepting The Contentions Of The Learned Ao Of Making A Reference Of The Appellant'S Case To The Deputy Commissioner Of Income-Tax Ii(8), Mumbai (Learned Tpo) Under Section 92Ca(1) Of The Act, Without Satisfying The Conditions Specified Therein

reassessment or re-computation or fresh assessment as the case may be expires. The decision of single bench of Hon’ble High Court of Madras in the case of Pfizer Healthcare Ltd Vs. JCIT as supra is reproduced as under: “30. Now, coming to the question of how the 60 day period is to be computed, the critical question would

DCIT 2(3)(1), MUMBAI vs. TATA AIA LIFE INSURANCE CO. LTD, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Amarjit Singhtata Aia Life Insurance Vs. The Assistant Company Limited Commissioner Of Income 14Th Floor, Tower A, Tax-2(3), 5Th Floor, Peninsula Business Park, Room No. 552, Aaykar Senapati Bapat Marg, Bhavan, M.K. Road, Lower Parel Mumbai – 400 020 Mumbai -400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabct3784C Appellant .. Respondent Dcit-2(3)(1) Vs. M/S Tata Aia Life R. No. 552, 5Th Floor, Insurance Co. Limited Aayakar Bhavan, ( Ea R L I E R K N O W N A S Ta T A A I G L I F E In S U R A N C E C O . L T D . ) Peninsula Business Park, M.K. Road, Senapati Bapat Marg, Mumbai – 400 020 Lower Parel, Mumbai - 400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabct3784C Appellant .. Respondent Appellant By : Percy Pardiwala & Jasmin Amalsadvala Respondent By : Biswanath Das Date Of Hearing 10.04.2023 Date Of Pronouncement 27.04.2023

reassessment or re-computation or fresh assessment as the case may be expires. The decision of single bench of Hon’ble High Court of Madras in the case of Pfizer Healthcare Ltd Vs. JCIT as supra is reproduced as under: “30. Now, coming to the question of how the 60 day period is to be computed, the critical question would

TATA AIA LIFE INSURACNE COMPANY LTD,MUMBAI vs. ASST CIT 2(3), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Amarjit Singhtata Aia Life Insurance Vs. The Assistant Company Limited Commissioner Of Income 14Th Floor, Tower A, Tax-2(3), 5Th Floor, Peninsula Business Park, Room No. 552, Aaykar Senapati Bapat Marg, Bhavan, M.K. Road, Lower Parel Mumbai – 400 020 Mumbai -400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabct3784C Appellant .. Respondent Dcit-2(3)(1) Vs. M/S Tata Aia Life R. No. 552, 5Th Floor, Insurance Co. Limited Aayakar Bhavan, ( Ea R L I E R K N O W N A S Ta T A A I G L I F E In S U R A N C E C O . L T D . ) Peninsula Business Park, M.K. Road, Senapati Bapat Marg, Mumbai – 400 020 Lower Parel, Mumbai - 400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aabct3784C Appellant .. Respondent Appellant By : Percy Pardiwala & Jasmin Amalsadvala Respondent By : Biswanath Das Date Of Hearing 10.04.2023 Date Of Pronouncement 27.04.2023

reassessment or re-computation or fresh assessment as the case may be expires. The decision of single bench of Hon’ble High Court of Madras in the case of Pfizer Healthcare Ltd Vs. JCIT as supra is reproduced as under: “30. Now, coming to the question of how the 60 day period is to be computed, the critical question would

SHELL INDIA MARKETS P. LTD,MUMBAI vs. DCIT LTU-2, MUMBAI

In the result, appeal by assessee is allowed

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.1492/मुं/2015 ("न.व. 2010-11) M/S. Mondelez India Foods Private Limited, Mondelez House, Unit No.2001, 20Th Floor, Tower -3 (Wing C), India Bulls Finance Centre, Parel, Mumbai – 400 013. Pan: Aaacc-0460-H ...... अपीलाथ" /Appellant बनाम Vs. Addl. Commissioner Of Income Tax, Range – 5 (1), Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent आअसं.1576/मुं/2015 ("न.व. 2009-10) Dy. Commissioner Of Income Tax, (Large Taxpayer Unit)-2,Mumbai, World Trade Centre -1, Cuffe Parade, ...... अपीलाथ" /Appellant Mumbai – 400 005 बनाम Vs. M/S. Shell India Markets Private Ltd. 1018, Maker Chambers –V, 10Th Floor, Nariman Point, Mumbai 400 021 Pan: Aaics-1404-P ..... ""तवाद"/Respondent

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - (a) Two years from the end of the assessment year in which the income was first assessable, or (b) One year from the end of the financial year in which a return or a revised return relating

MONDELEZ INDIA FOODS P. LTD,MUMBAI vs. ADDL CIT RG 5(1), MUMBAI

In the result, appeal by assessee is allowed

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.1492/मुं/2015 ("न.व. 2010-11) M/S. Mondelez India Foods Private Limited, Mondelez House, Unit No.2001, 20Th Floor, Tower -3 (Wing C), India Bulls Finance Centre, Parel, Mumbai – 400 013. Pan: Aaacc-0460-H ...... अपीलाथ" /Appellant बनाम Vs. Addl. Commissioner Of Income Tax, Range – 5 (1), Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent आअसं.1576/मुं/2015 ("न.व. 2009-10) Dy. Commissioner Of Income Tax, (Large Taxpayer Unit)-2,Mumbai, World Trade Centre -1, Cuffe Parade, ...... अपीलाथ" /Appellant Mumbai – 400 005 बनाम Vs. M/S. Shell India Markets Private Ltd. 1018, Maker Chambers –V, 10Th Floor, Nariman Point, Mumbai 400 021 Pan: Aaics-1404-P ..... ""तवाद"/Respondent

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - (a) Two years from the end of the assessment year in which the income was first assessable, or (b) One year from the end of the financial year in which a return or a revised return relating

DCIT, (LTU)-2, MUMBAI vs. SHELL INDIA MARKETS PVT. LTD., MUMBAI

In the result, appeal by assessee is allowed

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.1492/मुं/2015 ("न.व. 2010-11) M/S. Mondelez India Foods Private Limited, Mondelez House, Unit No.2001, 20Th Floor, Tower -3 (Wing C), India Bulls Finance Centre, Parel, Mumbai – 400 013. Pan: Aaacc-0460-H ...... अपीलाथ" /Appellant बनाम Vs. Addl. Commissioner Of Income Tax, Range – 5 (1), Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent आअसं.1576/मुं/2015 ("न.व. 2009-10) Dy. Commissioner Of Income Tax, (Large Taxpayer Unit)-2,Mumbai, World Trade Centre -1, Cuffe Parade, ...... अपीलाथ" /Appellant Mumbai – 400 005 बनाम Vs. M/S. Shell India Markets Private Ltd. 1018, Maker Chambers –V, 10Th Floor, Nariman Point, Mumbai 400 021 Pan: Aaics-1404-P ..... ""तवाद"/Respondent

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - (a) Two years from the end of the assessment year in which the income was first assessable, or (b) One year from the end of the financial year in which a return or a revised return relating

AAACORP EXIM INDIA PRIVATE LIMITED,MUMBAI vs. D.C.I.T.-CIRCLE-14(1)(1), MUMBAI

In the result the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal & Aaa Corp Exim India Pvt. Ltd. C-206, Ghatkopar Industrial Estate, Off Lbs Marg, Ghatkopar (W), Mumbai-400 086 Pan: Aacca8815C ...... Appellant Vs. Dcit-14(1)(1) Income Tax Offices, Aayakar Bhavan, M. K. Road, Mumbai-400 020 ..... Respondent

92B, 92C, 92D and 92E, unless the context otherwise requires, — (i) "accountant" shall have the same meaning as in the Explanation below sub-section (2) of section 288; (ii) "arm's length price" means a price which is applied or proposed to be applied in a transaction between persons other than associated enterprises, in uncontrolled conditions; (iii) "enterprise" means

BOMBAY RAYON HOLDINGS LIMITED,MUMBAI vs. ITO-9(2)(2), MUMBAI

In the result, appeals of the assessee are partly allowed

Bench: Shri Shamim Yahya & Shri Pawan Singh

reassessment proceedings were initiated by the assessing officer subsequent to the survey. He noted that in the course of survey proceedings the Managing Director had agreed to offer interest on loans to subsidiary at the rate of LIBOR +200 bps. In this regard the TPO further noted that courts/tribunals have held that the transaction of loan is to be benchmarked

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 35(2AB) in respect of R&D expenses incurred by the assessee amounting to Rs. 7,50,139/-, on the basis of report received from Department of Scientific and Industrial Research (DSIR). 109. The assessee has in-house Research and Development facilities at three locations, Khor (MP), Kharia Khangar (Rajashthan) and Taloja (Maharashtra) which are approved by the DSIR

JT. CIT (OSD)- CC - 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 35(2AB) in respect of R&D expenses incurred by the assessee amounting to Rs. 7,50,139/-, on the basis of report received from Department of Scientific and Industrial Research (DSIR). 109. The assessee has in-house Research and Development facilities at three locations, Khor (MP), Kharia Khangar (Rajashthan) and Taloja (Maharashtra) which are approved by the DSIR

ASSISTANT COMMISSIONER OF INCOME TAX- 4(2)(1), MUMBAI vs. GUPSHUP TECHNOLOGY INDIA PRIVATE LIMITED, MUMBAI

In the result, the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

reassessment or recomputation fresh assessment, as the case may be, expires:" Ergo, the TPO can pass an order u/s 92CA of the Act at any time before 60 days prior to the date on which period of limitation reformed to u/s 153 expires. Thus 60 days have to be counted prior to the date of last d limitation

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

reassessment or recomputation or fresh assessment, as the case may be, expires:" 24. Ergo, the TPO can pass an order u/s 92CA of the Act at any time before 60 days prior to the date on which period of limitation referred to u/s 153 expires. Thus 60 days have to be counted prior to the date of last date