FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 3(1), MUMBAI

In the result, appeals filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

transfer pricing matters made by the learned AO/TPO and upheld by the Hon'ble DRP in respect of data processing and software services be deleted. Ground 2 - Disallowance of repairs and maintenance expenses amounting to Rs. 29,47,184 2.1. On the facts and in the circumstances of the case, the learned AO while giving effect to the directions

TOPSGRUP ELECTRONICS SYSTEMS LTD,MUMBAI vs. ITO WD 8(3)(3), MUMBAI

In the result, the assessee’s appeal for assessment year 2009-10 is allowed as indicated above

Bench: Shri Jason P. Boaz & Shri Amit Shuklam/S. Topsgrup Electronic Systems Income Tax Officer-8(3)(3) Ltd. (Previsously Tops Sequipment Ltd.) Àayakar Bhavan, M.K. Road 5, Royal Palms Golf & Country Club Vs. Mumbai 400020 Aarey Milk Colony, Goregaon (E) Mumbai 400065 Pan - Aaact3291K Appellant Respondent

section 321 ITR 178 /186 outside India as 263 of the Act and Taxman 197 (AAR-New there is no income did not deal with Delhi), which state that arising from the the proposition that without the presence of said transaction. in the absence of income, the provisions of income, transfer transfer pricing

INFINITY RETAIL LTD,MUMBAI vs. DCIT RG 10(1)(1), MUMBAI

The appeals are partly allowed

transfer pricing adjustment of Rs.59.90,822 pertaining to reimbursement of expenses paid/ received by the appellant to/from its Associated Enterprise (AE) alleging the same is not at arm's length in terms of the provisions of Sections 92C(1) and 92C(2) of the Act read with Rule 10D of the Income-tax Rules, 1962 ("the Rules"). 2. Based

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

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

section 80IB of the Act has been adjudicated by us. We have, following the decision of ITA No. 10,4293, 4294, 4295,2859, 2860, 2861, 2862,2863/MUM/2009, 6015, 5969/MUM/2014,6401/MUM/2008 A.Y. 2002-03, 2004-05, 2005-06, 2006-07, 2007-08, 2009-10 53 the ITAT in the case of the assessee for assessment year

M/S. NATUREX INDIA PVT. LTD,MUMBAI vs. NFAC, DELHI DCIT-CIR 2(3) (1), MUMBAI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Vikas Awasthy & Shri Gagan Goyalm/S. Naturex India Pvt. Ltd. 502, 5Th Floor, Akruti Centre Point, Midc Central Road, Andheri (East), Chakala Midc S.O. Mumbai-400093 Pan: Aabcv0883A ..... Appellant Vs. Nfac, Delhi/Dcit Cir. 2(3) (1) Aayakar Bhavan, M. K. Road, Mumbai- 400 020 ..... Respondent

transfer price of the Appellant in respect of the payment of management service fee of INR 3, 01, 42,197/- to Associated Enterprises ('AEs'), holding that this international transaction does not satisfy the arm's length principle envisaged under the Act and in specific in doing so grossly erred in: 2.1 Disregarding the evidence placed on record by labelling them

SITEL INDIA LTD,MUMBAI vs. DCIT RG 8(3), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

section 40 (a)(i) of the Act. 4. Being aggrieved by the impugned order passed by the learned CIT(A), assessee is in appeal before us. Each of the issue in respect of which levy of penalty has been upheld by the learned CIT(A) are dealt, hereunder, in detail. 5. The issue arising in grounds

ASST CIT (LTU) 2, MUMBAI vs. ASIAN PAINTS LTD, MUMBAI

In the result, appeal filed by the assessee is partly allowed as directed above

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Asst. Commissioner Income Asian Paints Ltd. Tax, (Large Taxpayer Unit)-2, 6A Shanti Nagar, Cuffe Parade,, 29 Th Floor, Santacruz (East), World Trade Centre, Cuffee Mumbai-400 055 Vs. Parade, Mumbai-400 005 (Respondent) (Appellant) Pan No. Aaaca3622K Asian Paints Ltd. Vs. Addl. Commissioner Of 6A Shanti Nagar, Income Tax-Ltu Cuffe Parade,, 29 Th Floor, Santacruz (East), Mumbai-400 055 World Trade Centre, Cuffee Parade, Mumbai-400 005 (Appellant) (Respondent) Appellant By : Shri Milind Chavan, Sr Dr Respondent By : Shri Madhur Agrawal, Advocate Date Of Hearing: 09.12.2021 Date Of Pronouncement : 23.02 .2022 O R D E R Per Prashant Maharishi, Am: 01. These Are Cross Appeals Filed By Asian Paints Ltd [Appellant/Assessee] & The Additional Commissioner Of Income Tax – Large Taxpayers Unit

197,208,228 by passing an order u/s 143 (3) read with Section 144C (3) of the act on 7 March 2014. 06. Aggrieved, assessee preferred an appeal before the learned CIT – A. The learned CIT – A confirmed the adjustment on account of the arm‘s-length price of ₹ 0.90 lakhs for non-recovery of charges for providing letter

DCIT,CIR-6(2)(2), MUMBAI vs. DIAGEO INDIA PVT.LTD., MUMBAI

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

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Diageo India P. Ltd. Dcit 4Th Floor, Nicholas Piramal Tower Rg 6(2)(2) Peninsula Corporate Park, Aayakar Bhavan, Vs. Ganpatrao Kadam Marg, Mk Road, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Appellant) (Respondent) Pan No. Aaaci 3378 L Diageo India P. Ltd. Dcit 4Th Floor, Nicholas Piramal Tower Rg 6(2)(2) Peninsula Corporate Park, Aayakar Bhavan, Vs. Ganpatrao Kadam Marg, Mk Road, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Appellant) (Respondent)

Transfer Pricing Study report that the assessee received reimbursement of certain marketing and promotion expenses incurred by BMW India on behalf of BMW Group. A further detail of such reimbursements has been given in the Tax Audit Report of the assessee, whose relevant part is as under:- Reimbursement of marketing / business promotion / other expenses Ultimate Holding Company

DIAGEO INDIA P.LTD,MUMBAI vs. DCIT RG 6(2)(2), MUMBAI

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

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Diageo India P. Ltd. Dcit 4Th Floor, Nicholas Piramal Tower Rg 6(2)(2) Peninsula Corporate Park, Aayakar Bhavan, Vs. Ganpatrao Kadam Marg, Mk Road, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Appellant) (Respondent) Pan No. Aaaci 3378 L Diageo India P. Ltd. Dcit 4Th Floor, Nicholas Piramal Tower Rg 6(2)(2) Peninsula Corporate Park, Aayakar Bhavan, Vs. Ganpatrao Kadam Marg, Mk Road, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Appellant) (Respondent)

Transfer Pricing Study report that the assessee received reimbursement of certain marketing and promotion expenses incurred by BMW India on behalf of BMW Group. A further detail of such reimbursements has been given in the Tax Audit Report of the assessee, whose relevant part is as under:- Reimbursement of marketing / business promotion / other expenses Ultimate Holding Company

DCIT 4(1), MUMBAI vs. DEUTSCHE EQUITIES INDIA P.LTD, MUMBAI

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

transfer pricing adjustment and declined to grant any relief in relation to disallowances made in Section 40(a)(i) of the Act in respect of Global Overhead Charges of INR.1,31,15,947/- and payments of INR.10,27,625/- to Team Lease. Further, the CIT(A) also enhance the disallowance under Section

DCIT 5(3)(2), MUMBAI vs. THE GREAT EASTERN SHIPPING CO.LTD, MUMBAI

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

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Great Eastern Shipping Co. The Dy. Commissioner Of Ltd. Income-Tax, Kalyaniwalla & Mistry Llp Range-5(3), Esplanade House, 2 Nd Floor, Vs. Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Fort, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaact1565C The Dy. Commissioner Of The Great Eastern Shipping Income-Tax, Co. Ltd. Range-5(3), Kalyaniwalla & Mistry Llp Vs. Esplanade House, 2 Nd Floor, Room No.525B, 5Th Floor, M.K. Marg, 29, Hazarimal Somani Marg, Mumbai-400 020 Fort, Mumbai-400 001 (Appellant) (Respondent)

transfer pricing officer has made an adjustment of ₹ 197,951,187 and the assessee has not shown the same as international transaction, the learned dispute resolution panel held that the arm‟s-length price of the performance guarantee should be taken at 1% of the amount of guarantee. Accordingly, the objections of the assessee were disposed of. 018. Based