DCIT CIR 2(2)(1), MUMBAI vs. GEA PROCESSING ENGINEERING INDIA P.LTD, GUJRAT

In the result appeal of the learned assessing officer for assessment year 2010 – 11 is partly allowed and CO of the assessee allowed for statistical purposes

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm M/S. Gea Procees Engineering Acit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) Co No. 216/Mum/2017 Arising Out Of Ita No. 1213/Mum/2017 (Assessment Year 2005-06) M/S. Gea Procees Engineering Acit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) M/S. Gea Procees Engineering Dcit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) Co No. 127/Mum/2017 Arising Out Of Ita No. 6494/Mum/2016 (Assessment Year 2009-10) M/S. Gea Procees Engineering Dcit Cir 2(2)(1) (I) Pvt.Ltd. Vs. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740

127, 128/MUM/2017 M/s Gea Process Engineering (I) Pvt. Ltd.;A.Y. 2005-06, 2009-10, 2010-11 the most appropriate method. Apart from the submission, nothing was produced before the learned transfer-pricing officer. xiii. Based on the above submission, the learned transfer-pricing officer held that assessee has merely submitted raw details without any supporting evidences and therefore

DCIT 2(2)(1), MUMBAI vs. GEA PROCESSING ENGINEERING INDIA P.LTD, GUJRAT

In the result appeal of the learned assessing officer for assessment year 2010 – 11 is partly allowed and CO of the assessee allowed for statistical purposes

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm M/S. Gea Procees Engineering Acit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) Co No. 216/Mum/2017 Arising Out Of Ita No. 1213/Mum/2017 (Assessment Year 2005-06) M/S. Gea Procees Engineering Acit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) M/S. Gea Procees Engineering Dcit Cir 2(2)(1) (I) Pvt.Ltd. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad Vs. M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740 (Appellant) (Respondent) Co No. 127/Mum/2017 Arising Out Of Ita No. 6494/Mum/2016 (Assessment Year 2009-10) M/S. Gea Procees Engineering Dcit Cir 2(2)(1) (I) Pvt.Ltd. Vs. R.No. 545, Aayakar Bhavan, Savali Road, P.O. Dumad M.K.Road, Mumbai-400 020 Baroda, Gujarat-391 740

127, 128/MUM/2017 M/s Gea Process Engineering (I) Pvt. Ltd.;A.Y. 2005-06, 2009-10, 2010-11 the most appropriate method. Apart from the submission, nothing was produced before the learned transfer-pricing officer. xiii. Based on the above submission, the learned transfer-pricing officer held that assessee has merely submitted raw details without any supporting evidences and therefore

NOVATEUR ELECTRICAL AND DIGITAL SYSTEMS PRIVATE LIMITED,MUMBAI vs. ACIT - 10(3)(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalassessment Year: 2011-12

pricing order passed under section 12 January 2015 92CA(3) of the Act passed Draft Assessment Order passed on 30 March 2015 Final Assessment Order passed on 12 May 2015 10. In the given set of facts, ld. Assessing Officer has passed the impugned final assessment order on 12.05.2015 which ought to have been passed on or before

MACROTECH DEVELOPRS LTD,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 7(3), MUMBAI

The appeal is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

section 14 A of the income tax act of ₹ 54,199,690/– . The brief of the fact shows that during the year the assessee has earned exempt income of ₹ ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 8,303,761/–. Assessee disallowed the same sum under section 14 A of the act. The learned AO disbelieved

MACROTECH DEVELOPERS LTD.(SUCCESSOR TO BELLISSIMO CROWN BUILDMART PVT LTD.,,MUMBAI vs. DCIT CENTRAL CIRCLE 7(3), MUMBAI

The appeal is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

section 14 A of the income tax act of ₹ 54,199,690/– . The brief of the fact shows that during the year the assessee has earned exempt income of ₹ ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 8,303,761/–. Assessee disallowed the same sum under section 14 A of the act. The learned AO disbelieved

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA ,MUMBAI vs. DCIT CC-4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

HEMENDRA RAMJI VIRA,MUMBAI vs. DCIT CC 4(1), MUMBAI

In the result, appeals of the assessee are allowed

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer under section 127, all proceedings past, pending, and prospective, shift with it, as made abundantly clear in the Explanation to that section. The officer who has lost jurisdiction becomes a persona non grata to that file; any action initiated by such an officer thereafter is bereft of legal sanctity. Consequently, as the very substratum of the reassessment, the notice

TATA STEEL LTD,MUMBAI vs. ADDL CIT 2(3), MUMBAI

In the result, the appeal by the assessee is allowed, while the appeal by the Revenue is dismissed

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

section 120(4)(b)/section 127 of the Act. The learned DR further submitted that in NTPC Ltd. (supra), the issue was determination of tax liability and all the facts were available on record, unlike in the present case. It was submitted that the assessee participated in the assessment proceedings before the Transfer Pricing

ITO (IT) TDS-2, MUMBAI vs. TATA STEEL LTD, MUMBAI

In the result, the appeal by the assessee is allowed, while the appeal by the Revenue is dismissed

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

section 120(4)(b)/section 127 of the Act. The learned DR further submitted that in NTPC Ltd. (supra), the issue was determination of tax liability and all the facts were available on record, unlike in the present case. It was submitted that the assessee participated in the assessment proceedings before the Transfer Pricing

DY.CIT -5(2)(1) , MUMBAI vs. M/S. KEC INTERNATIONAL LTD, MUMBAI

In the result appeal filed by the assessee is partly allowed and appeal of the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Dy. Commissioner Of Income Kec International Ltd. Tax 463, Rpg House, Circle 5(2)(1) Dr. Annie Besant Road, Vs. 5Th Floor, Aaykar Bhavan, Worli, Mumbai-400 030 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aacck5599H Dy. Commissioner Of Income Kec International Ltd. Tax 463, Rpg House, Circle 5(2)(1) Dr. Annie Besant Road, Vs. 5Th Floor, Aaykar Bhavan, Worli, Mumbai-400 030 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Assessee By : Shri Vijay Mehta, Ar Revenue By : Shri Akhtar Hussain Ansari, Dr Date Of Hearing: 07.09.2023 Date Of Pronouncement : 04.12.2023

Transfer Pricing Officer determining the Arm's Length Price at the rate of 2% computing an adjustment of ₹12,74,68,445/-. ITA No. 1852 & 1883/Mum/2022 KEC International Ltd; A.Y. 2014-15 iii. With respect to ground no.3, other corporate guarantees issued by the assessee where the assessee itself has charged guarantee and commission at the rate of 0.6% based

KEC INTERNATIONAL LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result appeal filed by the assessee is partly allowed and appeal of the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Dy. Commissioner Of Income Kec International Ltd. Tax 463, Rpg House, Circle 5(2)(1) Dr. Annie Besant Road, Vs. 5Th Floor, Aaykar Bhavan, Worli, Mumbai-400 030 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aacck5599H Dy. Commissioner Of Income Kec International Ltd. Tax 463, Rpg House, Circle 5(2)(1) Dr. Annie Besant Road, Vs. 5Th Floor, Aaykar Bhavan, Worli, Mumbai-400 030 M.K. Road, Mumbai-400 020 (Appellant) (Respondent) Assessee By : Shri Vijay Mehta, Ar Revenue By : Shri Akhtar Hussain Ansari, Dr Date Of Hearing: 07.09.2023 Date Of Pronouncement : 04.12.2023

Transfer Pricing Officer determining the Arm's Length Price at the rate of 2% computing an adjustment of ₹12,74,68,445/-. ITA No. 1852 & 1883/Mum/2022 KEC International Ltd; A.Y. 2014-15 iii. With respect to ground no.3, other corporate guarantees issued by the assessee where the assessee itself has charged guarantee and commission at the rate of 0.6% based

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

section 143(2) proceeding and was treated as such by the assessee preclude it from urging lack of jurisdiction." (emphasis supplied) (3) There is no interplay of section 127 as held in para 8, in the following words- "8. As far as the section 127 goes, we are of the opinion that having regard to the findings rendered, that question

DSV AIR & SEA PVT. LTD (SUCESSSOR TO PANALPINA WORLD TRANSPORT (INDIA PVT. LTD,MUMBAI vs. ADDL /JT/ACIT/ ITO/NFAC, DELHI

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2017-18

Transfer Pricing Officer before the said date, or a reference under sub- section (1) is made on or after the 1st day of June, 2007, an order under sub-section (3) may be made at any time before sixty days prior to the date on which the period of limitation referred to in section 153, or as the case