UNILIVER INDIA EXPORTS LTD,MUMBAI vs. DCIT RG 1(3)(2), MUMBAI

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Deyand Shri M. Balaganesh

8) of the Act, the power of enhancement is only with reference to a variation made by the Transfer Pricing Officer and not challenged by the assessee before the DRP. To buttress his submission, learned Sr. Counsel drew our attention to section 251 of the Act and submitted, unlike Explanation to section 144C

GOLDMAN SACHS (INDIA) SECURITIES PVT LTD,MUMBAI vs. ADDL.C.I.T. RG.3(1), MUMBAI

In the result, appeal stands partly allowed

Bench: Shri Saktijit Dey & Shri Ashwani Taneja

144C(13) of the Income-tax Act, 1961 ('Act'), the Appellant respectfully submits that the learned A0 erred in passing the order on the following grounds: 1. In making an upward transfer pricing adjustment of Rs. 946,786,679 in determining the arms length pricing (ALP) of the international transactions pertaining to (a) investment advisory services in respect of listed

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

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

section 144C(13) of the Income Tax Act, 1961 (for short “the Act”) for the assessment year 2012–13 in pursuance to the directions of the Dispute Resolution Panel (DRP). 2. The assessee has raised five grounds. 3. At the outset, the learned Authorised Representative on the instructions of the assessee did not want to press grounds no.3

ACCENTURE SERVICES P.LTD,MUMBAI vs. ADDL CIT RG 3(1), MUMBAI

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

144C of the Income Tax Act, 1961 (for short “the Act”) for the assessment year 2008–09, in pursuance to the directions of the Dispute Resolution Panel–I (DRP), Mumbai. 2. Brief facts are, the assessee an Indian Company is a subsidiary of M/s. Beaumont Development Centre Holding Ltd. and part of the Accenture Group. The assessee is basically providing

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

In the result, the appeal of the assessee is allowed

8 Date on which Transfer Pricing Order u/s 92CA(3) is passed 30.01.2013 9 Date on which Final Assessment order was passed 26.04.2013 4. According to Sr. Counsel, as per the Section 153 of the Act (as it stood in the AY. 2009-10, the time limit for completing of assessment was two years from the end of the assessment

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

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

144C(13) in 2 I.T.A. No. 1795/Mum/2017 Atos India Pvt. Ltd. pursuance of direction given by the Ld. Dispute Resolution Panel (DRP)-1 vide order dated 28.12.2016 for the AY 2012-13. 2. The assessee has challenged Transfer Pricing (TP) adjustment in relation to provision of software development services and intra group services. Beside this, assessee has also raised various

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

144C(1) of the Income-tax Act, 1961 and it pertains to AY 2014-15. The assessee has raised the following grounds of appeal:- “Each of the grounds and/ or sub-grounds of the appeal are independent and without prejudice to the other: 1. Ground No. 1 — Transfer Pricing (*TP') adjustment in relation to export of finished goods

M/S. MERCATOR LTD,MUMBAI vs. THE DY CIT 5(2), MUMBAI

In the result, the appeal filed by the revenue and CO by the asssessee are dismissed and the asseessee appeal is allowed for statistical purposes

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No. 7278/Mum/2017 (A.Y: 2010-11) & Co No. 21/Mum/2019 (2010-11) (Arising Out Of Ita No. 29/Mum/2018) Mercator Ltd Vs. Dcit 3Rd Floor, Mittal Tower- Range 5(2) B Wing, Nariman Point Aayakar Bhavan, Mk Mumbai- 400021. Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Dy. Cit Vs. Mercator Lines Ltd Range 5(2)(2), Rno.571 3Rd Floor, Mittal Tower- Aayakar Bhavan, Mk B Wing, Nariman Point Road, Mumbai – 400 021. Mumbai - 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Assessee By : Mr.Nikhil Tiwari.Ar Revenue By : Mr.Krishnakumarmishra.Dr Date Of Hearing 30.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: 29/Mum/2018 & Co No. 21/Mum/2019 M/S. Mercator Ltd, Mumbai. The Cross Appeal Is Filed By The Assessee & The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) (Cit(A))-57, Mumbai Passed U/S 250 Of The Act & The Assessee Has Filed The Cross Objection(Co) In The Revenue Appeal.

8. We heard the rival submissions and perused the material on record. The Ld. AR has made submissions on the additional grounds of appeal raised on the validity of passing of Transfer Pricing order. The asssesssee has filed the submissions as under: A) Validity of Transfer pricing order and final assessment order: The Learned Transfer Pricing Officer (TPO) has passed

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

144C(13) in 2 I.T.A. No. 2877/Mum/2014 Strides Shasun Limited pursuance of the direction given by Ld. DRP on 30.12.2013 for AY 2009-10. 2. In various grounds of appeal, the assessee has challenged various transfer pricing adjustment as well as various corporate grounds which are as under:- Transfer Pricing Grounds 1. Imputing interest on delayed receipt from debtors

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.

Transfer Pricing. After an international transaction is noticed subject to satisfaction of section 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

IPCA LABORATORIES LTD,MUMBAI vs. ASST CIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

IPCA LABORATORIES LTD,MUMBAI vs. ACIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

ASST CIT (LTU) 1, MUMBAI vs. IPCA LABORATORIES LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

IPCA LABORATORIES LTD,MUMBAI vs. DCIT LTU, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

DCIT (LTU) 1, MUMBAI vs. IPCA LABORATORIES LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

DCIT CENT. CIR. 5(2), MUMBAI vs. IPCA LABORATORIES LTD., MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given

IPCA LABORATORIES LTD,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

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

8,15,410/- is the investment in Brazil Unit. He further referred to the annual accounts of both the Mauritius subsidiaries. In the end, he submitted the learned Transfer Pricing Officer has made an addition at the rate of 14.39% whereas the learned CIT (A) reduced it to 8.25%. He submitted that as the advances have been given