THYSSENKRUPP INDUSTRIAL SOLUTIONS AG ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX TRANSFER PRICING CIRCLE -4(2)(2), MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarthyssenkrupp Industrial V/S. Deputy Commissioner Of Solutions Ag बनाम Income Tax,Transfer Pricing C/O Mohinder Puri & Co., 1A- Circle – 4(2)(2), Air India D, Vandhna Building, 11 Building, Nariman Point, Tolstoy Marg, New Delhi – Mumbai–400021, Maharashtra 110 001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aafcp5301B Appellant/अपीलार्थी .. Respondent/प्रतिवादी

transfer pricing assessment proceedings were inaccurate or that there was any insufficient information/explanation preventing the TPO from determining the arm's length price. Further, there is no finding recorded by the TPO that the conduct of the assessee lacks bonafides or there any indifference on the part of the assessee in not producing the records called

DCIT (TDS)(OSD) - 2(3), MUMBAI vs. M/S. WOCKHARDT LTD., MUMBAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2014-15 Dcit (Tds) (Osd)-2(3), M/S Wockhardt Ltd., Room No. 310, 3Rd Floor, Mtnl Wockhardt Towers, Bandra Building, Cumballa Hill, Vs. Kurla Complex, Mumbai-400026. Mumbai-400051. Pan No. Aaacw 2472 M Appellant Respondent : Assessee By Mr. Pranay Gandhi, Ar : Revenue By Mr. Byomakesh Pradipta Kumar Panda, Cit-Dr : Date Of Hearing 20/12/2022 : Date Of Pronouncement 30/12/2022

transferred to the Stockist and that the company had to still carry liability in terms of expired company had to still carry liability in terms of expired company had to still carry liability in terms of expired goods and quality of goods etc, and therefore the goods and quality of goods etc, and therefore the goods and quality of goods

SAMIR NARAIN BHOJWANI ,MUMBAI vs. DCIT 4(2)(1), MUMBAI

Appeal of the assessee is allowed for statistical purposes and the appeal of the revenue is dismissed

Bench: Shri Anikesh Banerjee, Jm & Ms Padmavathy S, Am

transfer Rewa executed in favor of the assessee a Power of Attorney dated 1.12.2003. The assessee exercised the power vested in him under the said Power of Attorney dated 1.12.2003 and executed on behalf of Rewa, on 1st June, 2005 Developers and Properties Private Limited (a company in which assessee along with his family members are shareholders / directors) for sale

ACIT 421 MUMBAI, MUMBAI CITY vs. SAMIR NARAIN BHOJWANI, MUMBAI

Appeal of the assessee is allowed for statistical purposes and the\nappeal of the revenue is dismissed

transfer Rewa executed in favor of the assessee a\nPower of Attorney dated 1.12.2003.\nThe assessee exercised the power vested in him under the said Power of\nAttorney dated 1.12.2003 and executed on behalf of Rewa, on 1st June, 2005\n5\nITA Nos.261 & 1022/Mum/2025\nSamir Narain Bhojwani\nand 10th August, 2005, 4 Memorandum of Agreed Terms with Jivesh\nDevelopers

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1),MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price. iii. No borrower-lender relationship exists between the Transferor and Appellant and hence no liability arises to deduct the tax under Section 193 and Section 194A of the Act. iv. The amount of interest accrued till the date of transfer

DCIT (TDS)-2(3), MUMBAI vs. WOCKHARDT LIMITED, MUMBAI

Appeal is dismissed

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahmanassessment Year: 2013-14

transferred to the Stockist and that the company had to still carry liability in terms of expired goods and quality of goods etc, and therefore the Stockist were working as agents of assessee company, to promote and effect sales on behalf of assessee." 21 On the facts and circumstances of the case

JCIT (OSD) (TDS)-2(3). MUMBAI, MUMBAI vs. M/S WOCKHARDT LTD, MUMBAI

In the result, the appeal by the Revenue for the assessment year 2012–

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

transferred to the stockiest and that the company had to still carry liability in terms of expired goods and quality of goods etc, and therefore the stockiest were working as agents of assessee company, to promote and effect sales on behalf of assessee. (b) On the facts and circumstances of the case and in law, the Hon'ble ITAT

JCIT (OSD) (TDS)-2(3), MUMBAI., MUMBAI. vs. M/S WOCKHARDT LTD , MUMBAI

In the result, the appeal by the Revenue for the assessment year 2012–

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

transferred to the stockiest and that the company had to still carry liability in terms of expired goods and quality of goods etc, and therefore the stockiest were working as agents of assessee company, to promote and effect sales on behalf of assessee. (b) On the facts and circumstances of the case and in law, the Hon'ble ITAT

TWENTIETH CENTURY FOX TELECOMMUNICATIONS INTERNATIONAL, INC,MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-4(1)(2), MUMBAI

transfer pricing.", "held": "The Tribunal held that there was no finding that the information provided by the assessee was inaccurate or insufficient, nor was there any finding of lack of bonafides or indifference. The assessee had complied with a significant portion of the requests, and the TPO's adjustments were deleted by the DRP, which the revenue accepted.", "result": "Allowed

TWENTIETH CENTURY FOX INTERNATIONAL TELEVISION, INC, MUMBAI vs. DCIT (INTERNATIONAL TAXATION)-4(1)(2) , MUMBAI

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sunil Kumar Singh, Hon’Ble

Transfer Pricing Officer has acknowledged that the assessee has furnished the details and information. 11. Further, there is no finding recorded by the TPO that the conduct of the assessee lacks bonafides or there any indifference on the part of the assessee in not producing the records called for by the TPO leading to inability on the part

DCIT(OSD)(TDS)-2(3), MUMBAI, MUMBAI vs. WOCKHARDT LTD., MUMBAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

transferred to the ITA. No. 2633/MUM/2024 Wockhardt Ltd, Mumbai. stockiest and that the company had to still carry liability in terms of expired goods and quality of goods etc. and therefore the stockiest were working as agents of assessee company, to promote and effect sales on behalf of assessee." (b) "On the facts and circumstances of the case

DCIT (TDS)-2(3), MUMBAI vs. WOCKHARDT LIMITED, MUMBAI

Accordingly, the grounds (c) raised by the revenue are dismissed

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 6803/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) Dcit (Tds)-2(3), M/S Wockhardt Ltd. 6Th Floor, Wockhardt Smt. K. G. Mittal बिधम/ Ayurvedic Hospital Bldg. Tower, G Block, Bandra Vs. Room No. 718, 7Th Floor, Kurla Complex, Bandra, Charni Road (W), Mumbai-400 051 Mumbai-400 002 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacw2472M (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & C.O. No. 51/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Wockhardt Ltd. Dcit (Tds)-2(3), 6Th Floor, Wockhardt Smt. K. G. Mittal बिधम/ Tower, G Block, Bandra Ayurvedic Hospital Bldg. Vs. Room No. 718, 7Th Floor, Kurla Complex, Bandra, Charni Road (W), Mumbai-400 051 Mumbai-400 002 (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Anand Mohan, Dr प्रत्यथीकीओरसे/Respondentby : Shri Kirit Kamdar, Ar सुनवाईकीतारीख/ : 02.11.2020 Date Of Hearing घोषणाकीतारीख / : 11.12.2020 Date Of Pronouncement

transferred to the stockist. The stockist can return the expired goods. He further brought to our notice page 30 of the order of Ld. CIT(A) and objected the findings of Ld. CIT(A) that there exist principal to 6 I.T.A. No. 6803/Mum/2018 & CO 51/Mum/2020 M/s Wockhardt Ltd. principal basis. He referred to the above said Clause

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(1), MUMBAI. , MUMBAI vs. EKJYOT PROPERTIES , MUMBAI

In the result, the appeal of the Revenue is dismissed

price. For this proposal, he was expecting a brokerage by 5% on the sale value of the flat, however, the proposal given by Mr. Amit Wadhavani was never materialized and they have not paid any brokerage to him for sale of above flat. It is further explained that in fact neither Flat No. 1001 nor any other flat was sold

DCIT (TDS) - 1(1), MUMBAI, CUMBALLA HILLS vs. ANAND RATHI COMMODITIES LIMITED, A WING, TH FLOOR,

In the result, appeals filed by the Revenue as well as cross objections raised by the assessee are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 194A of the Act cannot be invoked in the case of the assessee. For the sake of ready reference the relevant observation of the Ld. CIT(A) holding that assessee was not liable to deduct TDS and there was no liability u/s.44A which is reproduced hereunder:- 16.2. Thus, in my view, the contracts/transactions do attract provisions of sec. 194A

DCIT (TDS) - 1(1), MUMBAI, CUMBALLA HILLS vs. ANANAD RATHI COMMODITIES LIMITED, A WING , TH FLOOR,

In the result, appeals filed by the Revenue as well as cross objections raised by the assessee are dismissed

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 194A of the Act cannot be invoked in the case of the assessee. For the sake of ready reference the relevant observation of the Ld. CIT(A) holding that assessee was not liable to deduct TDS and there was no liability u/s.44A which is reproduced hereunder:- 16.2. Thus, in my view, the contracts/transactions do attract provisions of sec. 194A