ACCENTURE SERVICES P.LTD,MUMBAI vs. DCIT CIR 3(1), MUMBAI

In the result, appeal is partly allowed

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

section 144C(13) of the Income Tax Act, 1961 (for short "the Act") pursuant to the directions of the Dispute Resolution Panel–I (DRP), Mumbai, pertaining to the assessment years 2009–10 and 2010–11. ITA no.1671/Mum./2014 Assessee’s Appeal – A.Y. 2009–10 2. Shri P.J. Pardiwala, learned Sr. Counsel for the assessee, at the outset, submitted that grounds

FIRMENICH AROMATICS (INDIA) P. LTD,MUMBAI vs. ACIT 9(3)(1), MUMBAI

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

Bench: Shri G Manjunatha () & Shri Ravish Sood () Firmenich Aromatics (India) Vs Acit-9(3)(1), Mumbai Pvt Ltd, 9Th Floor, Arena Space, Cts 20, New Shyam Nagar Road, Behind Majas Bus Depot, Jogeshwari (E), Mumbai. Pan : Aaacf1621M Appellant Respondednt

Transfer Pricing (*TP') adjustment in relation to export of finished goods 1.1. On the facts and circumstances of the case, and in law, the Hon'ble DRP has erred in upholding the action of the Ld. AO/TPO in determining the Arms' Length Price ('ALP') of the international transaction of export of finished goods at Rs. 10,35,77,048 instead

J.P MORGAN ADVISORS INDIA P.LTD,MUMBAI vs. DCIT RG 3(2), MUMBAI

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

6 J.P. Morgan Advisors India Pvt. Ltd. 10. In ground no.3, the assessee has challenged the addition made of ` 1,57,46,155, on account of adjustment to the arm's length price of investment advisory services. 11. Brief facts are, the assessee is a subsidiary of J.P. Morgan Securities India Pvt. Ltd. and is a part of J.P. Morgan

SABMILLER INDIA LTD,MUMBAI vs. ASST CIT CIR 11(1)(2), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

10. Based on the termination of the TTA, the assessee and SABMiller Group entered into a General Service Agreement (GSA) for obtaining various business services on a centralized basis consistent with the standard practice adopted by the group for other countries. As per the terms of the agreement, the assessee during the year under consideration paid an amount

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI vs. CIT (TRANSFER PRICING)-4, MUMBAI

In the result all the four appeals filed by the assessee are dismissed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

6,56,15,453 sales science distributors GmbH 3 export Jinan 37,73,085 sales pharmaceutical company Ltd 4 import Jinan 42,08,526 purchases pharmaceutical company Ltd 011. The learned CIT noted that the case was reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI vs. CIT (TRANSFER PRICING)-4, MUMBAI

In the result all the four appeals filed by the assessee are dismissed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

6,56,15,453 sales science distributors GmbH 3 export Jinan 37,73,085 sales pharmaceutical company Ltd 4 import Jinan 42,08,526 purchases pharmaceutical company Ltd 011. The learned CIT noted that the case was reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI CITY vs. CIT (TRANSFER PRICING)-4, MUMBAI CITY

In the result all the four appeals filed by the assessee are dismissed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

6,56,15,453 sales science distributors GmbH 3 export Jinan 37,73,085 sales pharmaceutical company Ltd 4 import Jinan 42,08,526 purchases pharmaceutical company Ltd 011. The learned CIT noted that the case was reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms

ZENZI PHARMACEUTICAL INDUSTIES PVT LTD.,MUMBAI CITY vs. CIT (TRANSFER PRICING)-4, MUMBAI CITY

In the result all the four appeals filed by the assessee are dismissed

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

6,56,15,453 sales science distributors GmbH 3 export Jinan 37,73,085 sales pharmaceutical company Ltd 4 import Jinan 42,08,526 purchases pharmaceutical company Ltd 011. The learned CIT noted that the case was reopened by issuing notice under section 148 of the act and reference was made to the learned transfer pricing officer in terms

HAPAG LLOYD INDIA P. LTD,MUMBAI vs. DCIT 7(1)(2), MUMBAI

In the result, appeals are allowed in terms indicated above

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

Transfer Pricing Officer, the Assessing Officer framed draft assessment orders which were objected to the assessee before learned DRP. On rejection of assessee’s objections by learned DRP, the Assessing Officer passed the final assessment orders which are subject matter of appeal in the present proceedings. 5 Hapag–Lloyd India P. Ltd. 5. Shri Rajan Vora, learned Counsel

UCB INDIA P. LTD,MUMBAI vs. ADDL CIT RG 7(3), MUMBAI

In the result, assessee’s appeal stands allowed

Bench: Shri Saktijit Dey & Shri Ramit Kochar

section 234A of the Act.” 3. Ground no.1 being general in nature, no specific adjudication is required. 4. At the instructions of the assessee, learned Authorised Representative did not press grounds no.14 and 15. Hence, these grounds are dismissed as “not pressed”. 5. Out of rest of the grounds, grounds no.2 to 12 are arising out of transfer pricing adjustment

JOHNSON AND JOHNSON PRIVATE LIMITED,MUMBAI vs. ADDITIONAL COMMISSIONER OF INCOME TAX-LTU-1, MUMBAI

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwaljohnson & Johnson Pvt. Ltd. 501, Arena Space, Off Jvlr Opp. Majas Bus Depot ……………. Appellant Jogeshwari (East), Mumbai 400 060 Pan – Aaacj0866E V/S Addl. Commissioner Of Income Tax ……………. Respondent Ltu–1, Mumbai Assesseeby : Shri Rajan R. Vora A/W Shri Pranay Gandhi & Shri Harshvardhan Aggarwal Revenue By : Shri Jayant Kumar

6 Johnson And Johnson Pvt. Ltd. test method, the Transfer Pricing Officer observed that the statute does not prohibit the Transfer Pricing Officer to apply routine arm's length price level determination of the AMP expenditure by applying it as a CUP. As regards the decision of the Hon'ble Delhi High Court in Maruti Suzuki India Ltd. (supra

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

In the result, appeal of the assessee is allowed

6 of 56 "Meaning of international transaction. 92B. (1) For the purposes of this section and sections 92, 92C, 92D and 92E, "international transaction" means a transaction between two or more associated enterprises, either or both of whom are non- residents., in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending

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

In the result, appeal of the assessee is allowed

6 of 56 "Meaning of international transaction. 92B. (1) For the purposes of this section and sections 92, 92C, 92D and 92E, "international transaction" means a transaction between two or more associated enterprises, either or both of whom are non- residents., in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending

WARBURG PINCUS INDIA P. LTD,MUMBAI vs. ASST CIT 3(3), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Rajendra & Shri Saktijit Deyआयकर अपीऱ सं. / Ita No. 6981/Mum./2012 (निर्धारण वषा / Assessment Year : 2008–09) Warburg Pincus India Pvt. Ltd. 7Th Floor, Express Towers ……………. Appellant Nariman Point, Mumbai 400 021 Pan – Aaacw5205E V/S Asstt. Commissioner Of Income Tax Circle–3(3), Aayakar Bhawan ……………. Respondent 101, M.K. Road, Mumbai 400 020

section 92CA. In accordance with the order passed by the Transfer Pricing Officer, the Assessing Officer passed draft assessment order proposing the addition on account of transfer pricing adjustment. Though, the assessee raised objections against the draft assessment order before the DRP, however, DRP rejected objections of the assessee and in pursuance to the direction of the DRP, the impugned

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

6,48,55,009/- under section 115JB of the Page No. 8 ITA NO. 752 & 2541/MUM/2022 (A.Y. 2017-18 & 2018-19) Thomas Cook (India) Limited Act. The case of the assessee was selected for scrutiny and notices under section 143(2) and 142(1) of Income-tax Act, 1961 (in short “Act”) were issued and served on the assessee

ROHA DYECHEM P. LTD,MUMBAI vs. ACIT CEN CIR 43, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Transfer pricing officer („TPO‟), which not in accordance with the provisions of Section 92CA(1) of the Act. 2. The Appellant prays that the proceedings initiated by the learned TPO under Section 92CA of the Act on the basis of the said reference by the AO be held as void ab initio and that the order passed by the learned

ACIT CEN CI-43 vs. ROHA DYECHEM P. LTD, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Transfer pricing officer („TPO‟), which not in accordance with the provisions of Section 92CA(1) of the Act. 2. The Appellant prays that the proceedings initiated by the learned TPO under Section 92CA of the Act on the basis of the said reference by the AO be held as void ab initio and that the order passed by the learned

ACIT CC-43, MUMBAI vs. ROHA DYECHEM P. LTD, MUMBAI

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Transfer pricing officer („TPO‟), which not in accordance with the provisions of Section 92CA(1) of the Act. 2. The Appellant prays that the proceedings initiated by the learned TPO under Section 92CA of the Act on the basis of the said reference by the AO be held as void ab initio and that the order passed by the learned