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

transfer pricing as enshrined in section 92F(ii), as no unrelated party in uncontrolled circumstances would have fore gone such huge sum of money without charging interest from AE. Therefore, the receivable representing the difference in the ALP value of the 7 years 8.5% NCCRPS to its AE and the issue price has been rightly characterised and treated as loan

ITO (TDS) 2(5), MUMBAI vs. ORIENTAL BANK OF COMMERCE, MUMBAI

The appeals of the Revenue are dismissed

Bench: Shri Joginder Singh & Shri Jason P. Boaz

194-I of the Income-tax Act, 1961 envisages such payments made under a lease only for use of land, without there being any corresponding acquisition of larger rights in the said leasehold plots. Hence the lease premium paid by us to CIDCO are clearly distinct from Rent. Further to the above explanation, Section 105 of the Transfer of Property

DCIT CIR 6(1), MUMBAI vs. AEGIS LTD, MUMBAI

In the result, whereas appeal of the assessee is partly allowed, that of the Revenue is dismissed

Bench: Shri G.S.Pannu & Shri Sandeep Gosainaegis Limited, Essar Techno Park, Old Swan Mill Compound, Lbs Marg, Kurla (W), Mumbai 400 070 Pan:Aaace 8354Q ...... Appellant

section 92B of the Act. However, the Transfer Pricing Officer disregarded the said approach and instead held that assessee ought to have charged guarantee fee from its associated enterprises as it involved providing benefit to the associated enterprises. The Transfer Pricing Officer proceeded to determine credit ratings for the assessee as well as the concerned associated enterprises and came

AEGIS LTD,MUMBAI vs. DCIT RG 5(1), MUMBAI

In the result, whereas appeal of the assessee is partly allowed, that of the Revenue is dismissed

Bench: Shri G.S.Pannu & Shri Sandeep Gosainaegis Limited, Essar Techno Park, Old Swan Mill Compound, Lbs Marg, Kurla (W), Mumbai 400 070 Pan:Aaace 8354Q ...... Appellant

section 92B of the Act. However, the Transfer Pricing Officer disregarded the said approach and instead held that assessee ought to have charged guarantee fee from its associated enterprises as it involved providing benefit to the associated enterprises. The Transfer Pricing Officer proceeded to determine credit ratings for the assessee as well as the concerned associated enterprises and came

LINTAS INDIA PRIVATE LIMITED,MUMBAI vs. NFAC, DELHI , DELHI

The appeal is allowed with the same directions

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Acit Cir 3(2)(1) Lintas India Private Limited It Office, R.No. 608, 6 Th 15Th Floor, Express Towers, Floor, Aayakar Bhavan, Nariman Point, Vs. M.K. Road, Mumbai-400021 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaacl0124F Lintas India Private Addl/Joint/Deputy/Acit/Income- Limited 15Th Floor, Express Tax Officer, National Faceless Vs. Towers, Nariman Point, Appeal Centre, Delhi Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaacl0124F Assessee By : Shri Ajit Jain & Siddhesh Chaugule Revenue By : Dr. Yogesh Kamat, Cit Dr Date Of Hearing: 13.09.2022 Date Of Pronouncement: 09/12/2022

transfer pricing ITA No.398/MUM/2019 & 595/MUM/2022 Lintas India Private Limited.;A.Y. 2014-15,2017-18 addition without undertaking any comparable analysis and applying Other Method (Need Evidence Benefit Test method) whichit not a prescribed methods a provided under section 92C (1) of the Act. 12. On fact and cons of the case and in law, the learned

LINTAS INDIA P.LTD,MUMBAI vs. ASST CIT CIR 3(2)(1), MUMBAI

The appeal is allowed with the same directions

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Acit Cir 3(2)(1) Lintas India Private Limited It Office, R.No. 608, 6 Th 15Th Floor, Express Towers, Floor, Aayakar Bhavan, Nariman Point, Vs. M.K. Road, Mumbai-400021 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaacl0124F Lintas India Private Addl/Joint/Deputy/Acit/Income- Limited 15Th Floor, Express Tax Officer, National Faceless Vs. Towers, Nariman Point, Appeal Centre, Delhi Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaacl0124F Assessee By : Shri Ajit Jain & Siddhesh Chaugule Revenue By : Dr. Yogesh Kamat, Cit Dr Date Of Hearing: 13.09.2022 Date Of Pronouncement: 09/12/2022

transfer pricing ITA No.398/MUM/2019 & 595/MUM/2022 Lintas India Private Limited.;A.Y. 2014-15,2017-18 addition without undertaking any comparable analysis and applying Other Method (Need Evidence Benefit Test method) whichit not a prescribed methods a provided under section 92C (1) of the Act. 12. On fact and cons of the case and in law, the learned

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

ROHA DYECHEM PVT.LTD.,MUMBAI vs. ACIT-CENTRAL CIRCLE 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

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 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

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

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

ROHA DYECHEM PVT.LTD.,MUMBAI vs. ACIT-CENTRAL CIRCLE 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

JSW ENERGY (BARMER) LIMITED,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 8(3), MUMBAI, MUMBAI

In the result, both the appeals are allowed partly for statistical

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

section 92C(3)(a) and 92C(3)(c) are invoked to determine the ALP. rmine the ALP. 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble Mumbai ITAT has accepted the assessee

VODAFONE INDIA LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-8(3)(2), MUMBAI

transfer pricing adjustment. In addition\nthe Assessing Officer also proposed other\nadditions/disallowances as per the provisions of the Act.\n3.2. The Assessee filed objections before the DRP against the Draft\nAssessment Order, dated 31/03/2015. On 22/12/2015, the DRP\ndisposed off the objections granting partial relief to the\nAssessee. As per the directions of the DRP, the Assessing Officer\npassed

DCIT 8(3)(2), MUMBAI vs. M/S VODAFONE IDEA LIMITED (EARLIER KNOWN AS VODAFONE INDIA LIMITED WHICH NOW STANDS MERGED WITH IDEA CELLULAR LIMITED (ICL) AND CONSEQUENTLY KNOWN AS VODAFONE IDEA LIMITED), MUMBAI

transfer pricing adjustment. In addition\nthe\nAssessing\nOfficer\nalso\nproposed\nother\nadditions/disallowances as per the provisions of the Act.\n3.2. The Assessee filed objections before the DRP against the Draft\nAssessment Order, dated 31/03/2015. On 22/12/2015, the DRP\ndisposed off the objections granting partial relief to the\nAssessee. As per the directions of the DRP, the Assessing Officer\npassed

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment years under consideration stands partly allowed and cross appeals filed by the assesse stands dismissed

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

194 (Punj & Har.) that the royalty rates represent ALP of any international permitted by RBI would not represent transactions, Ld. TPO opined that determination of ALP was to be examined from the point of view of Transfer Pricing Provisions under the Income Tax Act. 2.9.5 Proceeding further, finding defects in the assessee's methodology to benchmark the same by External