MATRIX PARTNERS INDIA INVESTMENT HOLDINGS, LLC,MAURITIUS vs. DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

In the result the appeal filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Ms. Padmavathy S ()

transfer of equity shares during the relevant previous year, and treat them separately, i.e., claiming gains as exempt under the DTAA and claiming losses to be carried forward under the provisions of the Act.” 4. On receipt of the DRP directions, the Ld.AO passed the impugned assessment order by reducing the Long-term capital loss against the long term capital

INDIUM IV (MAURITIUS) HOLDINGS LIMITED ,MUMBAI vs. DEPUTY COMM. OF INCOME TAX (INTERNATIONAL TAXATION) 2(2)(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleindium Iv (Mauritius) Holdings Limited V. Dcit (International Transaction)-2(2)(1) Office 201, 2Nd Floor, Sterling Tower Room No. 1722, 17Th Floor Air India Building, Nariman Point 14 Poudriere Street, Port Louis Mumbai – 400 021 Mauritius Pan: Aacci4907P (Appellant) (Respondent)

Transfer Pricing Officer (in short “TPO”) u/s 92CA of the Act for determination of Arm's Length Price in relation to the international transaction. 4. Assessing Officer observed from the Computation of total income, that under the head “Capital Gains”, Assessee had carried forward the long term capital loss

PUBLICIS COMMUNICATIONS P.LTD,MUMBAI vs. DCIT CIR 7(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

loss of time and capacity. Thus, idle capacity risk would include the risk that employees do not have sufficient work. Publicis India has to maintain the necessary infrastructure and manpower in anticipation of assignments. It therefore, bears the risks arising on account of idle capacity. 4.3.7 Foreign Exchange Fluctuation Risk Foreign exchange risk means the risk associated with the adverse

PUBLICS COMMUNICATIONS P.LTD,MUMBAI vs. DCIT CIR 6(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

loss of time and capacity. Thus, idle capacity risk would include the risk that employees do not have sufficient work. Publicis India has to maintain the necessary infrastructure and manpower in anticipation of assignments. It therefore, bears the risks arising on account of idle capacity. 4.3.7 Foreign Exchange Fluctuation Risk Foreign exchange risk means the risk associated with the adverse

PUBLICIS COMMUNICATIONS P. LTD,MUMBAI vs. DCIT CIR 7(3)(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

loss of time and capacity. Thus, idle capacity risk would include the risk that employees do not have sufficient work. Publicis India has to maintain the necessary infrastructure and manpower in anticipation of assignments. It therefore, bears the risks arising on account of idle capacity. 4.3.7 Foreign Exchange Fluctuation Risk Foreign exchange risk means the risk associated with the adverse

BANK OF INDIA,MUMBAI vs. THE ACIT-2(1)(1), MUMBAI

In the result, appeal of the revenue is dismissed

price goes up in order to earn profits. In the result, the\nappeals filed by the Revenue challenging the judgment of the Punjab and\nHaryana High Court in State Bank of Patiala also fail, though low in this\nrespect has been clarified hereinabove.\"\n\n7. The judgment of the Punjab and Haryana Court in the case of State Bank

M/S. ESSAR SHIPPING LTD,MUMBAI vs. DCIT, CIRCLE 5(1)(1), MUMBAI

In the result, the appeal of the assessee is In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2021-22 M/S Essar Shipping Ltd., Dy. Cit, Circle 5(1)(1), 5Th Floor, Essar House, 11, Keshav Mumbai/Assessment Unit, Vs. Rao Khadye Marg, Mahalaxmi National Faceless Assessment Mumbai-400034. Centre, Room No. 568, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aacce 3707 D Appellant Respondent

carried out by the assessee as same was not in accordance with the provisions of the Act. accordance with the provisions of the Act. The learned The learned TPO however, invoking section 133(6) of the A invoking section 133(6) of the Act gathered information ct gathered information from various banks with respect to guarantee commission charged from various

THERMO FISHER SCIENTIFIC INDIA P. LTD,MUMBAI vs. DCIT 15(3)(1), MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

carried forward and brought forward as per the original\nreturn of income of AY 2009-10 and AY 2010-11 respectively.\n8.2 On the facts and in the circumstances of the case and in law, the learned\nDCIT and Hon'ble DRP erred in not allowing brought forward and consequent\nset off of the unabsorbed depreciation

DCIT CIR 15(3)(1), MUMBAI vs. TRANSOCEAN DRILLING SERVICES (INDIA) PLT, MUMBAI

In the result, the cross objection of the assessee is partly allowed

loss. The Transfer Pricing Officer on examining the annual report for the relevant previous year, however, found that the assessee had entered into following transactions with its A.E. Sub–contracting costs paid ₹ 369,40,07,189 Recovering of expenses received ₹ 4,80,58,593 Reimbursement of expenses paid ₹ 3,69,73,756 6. The Transfer Pricing Officer noticed that, though

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

carried out for determination of ALP by applying TNMM as per the method of out for determination of ALP by applying TNMM as per the method of out for determination of ALP by applying TNMM as per the method of determination prescribed under Rule 10B(1)(e). determination prescribed under Rule 10B(1)(e). 22. Thus it can be seen

CABOT INDIA LTD,MUMBAI vs. ASST CIT 1(1), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

CABOT INDIA LTD,MUMBAI vs. DCIT 1(1), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

CABOT INDIA LTD,MUMBAI vs. DCIT 1(1), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

CABOT INDIA LTD,MUMBAI vs. DCIT 1(1), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

DCIT, 1(1)(1), MUMBAI vs. CABOT INDIA LTD., NAVI MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

ASST CIT 15(1)(2), MUMBAI vs. CABOT INDIA LTD, NAVI MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

CABOT INDIA LTD.,MUMBAI vs. DCIT 1(1), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses

CABOT INDIA LTD.,MUMBAI vs. ACIT 15 (1) (2), MUMBAI

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

transfer pricing with respect to benchmarking of international transaction of Royalty expenditure and corporate taxes issues of cenvat credit, disallowance of carry forward of losses