DEEPAK NOVOCHEM TECHNOLOGIES LTD,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8(1), MUMBAI

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

68,51,063), AY 2014-15 (Rs. 1,09,789) and AY 15 (Rs. 1,09,789) and AY 2015-16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. Initiation of penalty proceedings

DEEPAK NOVOCHEM TECHNOLOGIES LTD,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX-CENTRAL CIRCLE-8(1), MUMBAI

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

68,51,063), AY 2014-15 (Rs. 1,09,789) and AY 15 (Rs. 1,09,789) and AY 2015-16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. Initiation of penalty proceedings

DEEPAK NOVOCHEM TECHNOLOGIES LTD,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8(1), MUMBAI

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

68,51,063), AY 2014-15 (Rs. 1,09,789) and AY 15 (Rs. 1,09,789) and AY 2015-16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. Initiation of penalty proceedings

DEEPAK NOVOCHEM TECHNOLOGIES LTD,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8(1), MUMBAI

In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are In the result, the appeals filed by the assessee are allowed partly for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Ita Nos. 2558 To 2562/Mum/2023 Assessment Years: 2014-15 To 2018-19 Deepak Novochem The Acit, Cc-8(1), Technologies Ltd., Aayakar Bhavan, Room No. Vs. 515, 5Th Floor, Citi Point, Boat 656, 6Th Floor, M.K. Road, Club Road, Pune City, Mumbai-400020. Pune-411 001. Pan No. Aaccd 5796 K Appellant Respondent Assessee By : Mr. H.P. Mahajani Revenue By : Mrs. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 16/11/2023 Date Of Pronouncement : 28/11/2023

68,51,063), AY 2014-15 (Rs. 1,09,789) and AY 15 (Rs. 1,09,789) and AY 2015-16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. 16 (Rs. 18,54,948), to the taxable income of the Appellant. Initiation of penalty proceedings

TATA EDUCATION TRUST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result, the appeal is allowed

68. In view of the above discussions, as also bearing in mind the entirety of the case, we are of the considered view that the impugned order of cancellation of registration granted to the assessee under section 12A must be held to be effective from the date on which the hearing on first show-cause notice was concluded

ATOS INDIA P.LTD,MUMBAI vs. DCIT RG 14(1)(1), MUMBAI

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

Bench: Shri G. S. Pannu & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1795/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) Dcit-14(1)1), Atos India Pvt. Ltd., Aayakar Bhavan Godrej & Boyce Complex, बनाम/ Mumbai Plant 5, Pirojshanagar, Vs. Lbs Marg, Vikhroli (West), Mumbai-400079 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaaco2461J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Dhanesh Bafna /Chandni Sha /Riddhi Maru /Kinjal Patel, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Dr. Yogesh Kamat, Ld. Dr सुनवधईकीतधरीख/ 01.06.2022 & : 25.01.2023 Date Of Hearing घोर्णधकीतधरीख / : 23.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: 1. The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) In 2

68,37,05,578 services 8 I.T.A. No. 1795/Mum/2017 Atos India Pvt. Ltd. 3 Intragroup services - non-AE segment 10,51,45,309 Total adjustment 78,88,50,887 10. After the direction of DRP vide order dated 28.12.2016, AO in his final assessment order dated 31.01.2017 computed the transfer pricing adjustment at Rs. 63,87,42,448/-. Thereafter

SHRI MOHAN THAKUR,MUMBAI vs. A.C.I.T. CENT. CIR. 8(4), MUMBAI

In the result, the appeal of the assessee is hereby ordered to be allowed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7413 /Mum/2017 (ननधधारण वर्ा / Assessment Years: 2008-09) बनधम/ Shri Mohan Thakur Acit, Central Circle-8(4) 6Th Floor Aayakar Bhavan, 4, Flora Vila, 35, St. Vs. M.K. Road, Mumbai- Andrews Road, Bandra 400020. (W), Mumbai-400050. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. :Aaapt2966N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Durga Dutt/ Akhtar H. Ansari (Dr) Assessee By: Dr. K. Shivaram सुनवाई की तारीख / Date Of Hearing: 15/11.2019 घोषणा की तारीख /Date Of Pronouncement: 09/01/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.10.2017 Passed By The Commissioner Of Income Tax (Appeals)-50, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “The Learned Cit(A) Erred In Upholding The Validity Of Notice U/S 148 Where The Proceedings U/S 153C Had Already Been Initiated Which Were Dropped & Immediately The Reassessment Proceedings Had Been Initiated Without Any Fresh Material On Record & Hence Reopening Is Void- Ab - Initio Merit : Addition Of Rs.237.00.000/- Based On Entries In Diary Of Third Person: 2. No Addition Can Be Made Based On Entries Found In The Books In Third Party'S Premises Since No Search U/S 132 Had Taken Place On The Assessee & Hence S.132(4A) Would Not Be Applicable To The Present Facts Of The Case. In View Of The Same The Entire Addition May Be Deleted.

68,079 Emirates Rupani 09 Total A 6,44,879 Funds given by Mohan Thakur to Desiree Ann Thakur 20.03.2008 43,407 Ireland Hugo Merry 2008-09 37.5367 16,29,355 Stud Farm 18.03.2008 10,713 Unknown Callbrated 2008-09 37.7547 4,04,466 colur 07.11.2007 1,30,659 Hong Kong Golden 2008-09 36.3154 47,44,933 Dragon

TATA AIG GENERAL INSURANCE COMAPANY LTD,MUMBAI vs. ASST CIT 2(3), MUMBAI

In the result, the appeal of the assessee is allowed

246A of the Act. However, a new scheme of dispute resolution was brought into the Act by insertion of Sec. 144C of the Act in the context of „eligible assessee‟ prescribed therein. Sec. 144C of the Act contains 15 subsections and provides for a mechanism for dispute resolution, powers of Dispute Resolution Panel, definition of Dispute Resolution Panel, eligible assessee

FEDEX EXPRESS TRANSPORTATION AND SUPPLY CHAIN SERVICES (INDIA)PRIVATE LIMITED ('FETSCS')[FEDERAL EXPRESS INDIA PVT. LTD. MERGED WITH FETSCS WITH EFFECT FROM OCTOBER1,2013],MUMBAI vs. DCIT ,CIR 9(3)(1), MUMBAI

In the result, Ground of appeal no

Bench: Shri G.S. Pannu & Shri Sandeep Gosain: A.Y : 2011-12

68,12,137, thereby making a transfer pricing adjustment of INR 4,24,06,322 It is prayed that the learned AO be directed to consider the international transaction of IPB services provided by the Appellant at arm's length and thereby delete the aforesaid adjustment of INR 4,24,06,322. 4. On the facts and in the circumstances

STRIDES ARCOLAB LTD,NAVI MUMBAI vs. DCIT CIR 10(3),

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2877/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2009-10) Strides Shasun Limited Dcit Cir. 15(3)(2) (Formerly Known As R. No. 451, 4Th Floor, Strides Arcolab Limited) बिधम/ Aayakar Bhavan, M. K. 201, Devavrata, Sector 17, Road, Mumbai-400 020 Vs. Vashi, Navi Mumbai – 400 703 स्थायीलेखासं./जीआइआरसं./ Pan No. Aadcs8104P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Percy Pardiwala/ Shri Ketan Ved /Shri Ninad Patade, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Ms. Vatsalaa Jha, Ld. Dr सुनवाईकीतारीख/ : 18.01.2023 Date Of Hearing घोषणाकीतारीख / : 28.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla : The Aforesaid Appeal Has Been Filed By Assessee Against The Order Dated 26.02.2014 Passed U/S 143(3) R.W.S. 144C(13) In 2

246A of the Act. However, a new scheme of dispute resolution was brought into the Act by insertion of Sec. 144C of the Act in the context of „eligible assessee‟ prescribed therein. Sec. 144C of the Act contains 15 subsections and provides for a mechanism for dispute resolution, powers of Dispute Resolution Panel, definition of Dispute Resolution Panel, eligible assessee

CABLE AND WIRELESS (INDIA) LTD,MUMBAI vs. DCIT (IT) CIR 2(1)(1), MUMBAI

In the result, appeal stands dismissed

Bench: Shri Pramod Kumar & Shri Saktijit Dey

68,24,622, under the normal provisions and computed the total income of ` 1,04,30,850. Since, the tax computed on the book profit was more than tax computed on the income assessed under the normal provisions, the Assessing Officer assessed the tax under section 115JB of the Act. Against the aforesaid order passed by the Assessing Officer

RANJANBEN CHUNILAL GADA,MUMBAI vs. TIO 34(3)(2), MUMBAI

In the result, the appeal of the assessee is allowed

246A against the Order U/S 147 r.w.s\n1448 dated 18-05-2023 making addition of Rs.69,67,752/- U/S 69A and\nRs.1,39,355/- U/S 69C in spite of the fact that-\n(i) The information received by the Assessing Officer from INSIGHT\nPORTAL is non-specific and general information lacking any specific\ninformation about the Assessee

DOW AGROSCIENCES INDIA P.LTD,MUMBAI vs. ACIT 3(1)(1), MUMBAI

The appeal of the assessee is allowed in terms of our aforesaid observations

Bench: Shri S. Rifaur Rahman & Shri Ravish Sooddow Agrosciences India Private Asst. Commissioner Of Limited, 1St Floor, Block B, Income Tax-3(1)(1) Godrej It Park, [Income-Tax Officer-14(1)(3)] Room No. 458, Vs. Pirojshanagar, Vikhroli (W) Aayakar Bhavan, M.K. Road, Mumbai – 400 079 Mumbai – 400 020

68 taxmann. Com 370)(Delhi) (iii) DCIT Vs. Air Liquide Engineering India P. Ltd. (2014) 43 taxmann.com 299 (Hyd). (iv). Daksh Business Process Services P. Ltd. Vs. DCIT (2016) 72 txamann.com 44 (Delhi) In the backdrop of our aforesaid deliberations, we are of the considered view that Dow Agrosciences India (P) Ltd. Vs. ACIT-3(1)(1), Mumbai

SANGEETA MOTILAL SHAHANI,MUMBAI vs. ITO 27(3)(1), VASHI NAVI MUMBAI

sections": [ "143(1)", "143(3)", "68", "250(4)", "250(6)", "251(1)(a)", "251(1)(h)", "251(2)", "246A

U S ROOFS LTD.,,NAVI MUMBAI vs. ADDL/JT/DY/ACIT/ITO, NFE-ASS C, DELHI DELHI, DELHI

Bench: Shri Kuldip Singh & Shri Amarjit Singh

68 of the Act be deleted. ITA Nos.2102-2105 & 2112 /Mum/2023 :: 5 :: 14.3. Without prejudice to the above, the Appellant prays that the Ld. AO, at best, could have added only Rs.3,32,369 as cash credits received from Udani Traders being net of receipts of Rs.8,60,000 as reduced by payments of Rs.5,27,631. 15.1. Without prejudice

U S ROOFS LTD.,,NAVI MUMBAI vs. ADDL/JT/DY/ACIT/ITO, NFE-ASS C, DELHI DELHI, DELHI

Bench: Shri Kuldip Singh & Shri Amarjit Singh

68 of the Act be deleted. ITA Nos.2102-2105 & 2112 /Mum/2023 :: 5 :: 14.3. Without prejudice to the above, the Appellant prays that the Ld. AO, at best, could have added only Rs.3,32,369 as cash credits received from Udani Traders being net of receipts of Rs.8,60,000 as reduced by payments of Rs.5,27,631. 15.1. Without prejudice

U S ROOFS LTD.,,NAVI MUMBAI vs. ADDL/JT/DY/ACIT/ITO, NFE-ASS C, DELHI DELHI, DELHI

Bench: Shri Kuldip Singh & Shri Amarjit Singh

68 of the Act be deleted. ITA Nos.2102-2105 & 2112 /Mum/2023 :: 5 :: 14.3. Without prejudice to the above, the Appellant prays that the Ld. AO, at best, could have added only Rs.3,32,369 as cash credits received from Udani Traders being net of receipts of Rs.8,60,000 as reduced by payments of Rs.5,27,631. 15.1. Without prejudice

U S ROOFS LTD.,,NAVI MUMBAI vs. ADDL/JT/DY/ACIT/ITO, NFE-ASS C, DELHI DELHI, DELHI

Bench: Shri Kuldip Singh & Shri Amarjit Singh

68 of the Act be deleted. ITA Nos.2102-2105 & 2112 /Mum/2023 :: 5 :: 14.3. Without prejudice to the above, the Appellant prays that the Ld. AO, at best, could have added only Rs.3,32,369 as cash credits received from Udani Traders being net of receipts of Rs.8,60,000 as reduced by payments of Rs.5,27,631. 15.1. Without prejudice