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

Transfer Pricing Officer has classified the income received under IPSA agreement to be of the nature of ITES and has also benchmarked it as such, the Assessing Officer cannot take a contrary view by stating that it is not in the nature of ITES only for disallowing assessee’s claim of deduction under section 10A of the Act. The Department

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 6(3)(1), MUMBAI

2,01,958 under section 234D of the\nAct.\nThe Appellant prays that the AO be directed to grant relief in\nrespect of levy of interest under section 234D of the Act, in\nconsequence to relief granted in respect of the abovementioned\ngrounds of appeal.\nGround 5 - Consequential reliefs\n5.1. The Appellant prays that the AO be directed to grant

RAMESH JAISINGHANI,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -5(2), MUMBAI

In the result, appeal of the assessee is allowed

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

price on a recognised stock exchange as on 31 January 2018. 37. The relevant proviso of Section 55 of the Act as were applicable on the date when OFS transaction was undertaken is as under:- (2) For the purposes of sections 48 and 49, "cost of acquisition"ー 24 Ramesh Jaisinghani ………………………………………………………………………… (aa) in a case where, by virtue of holding

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

2 and 3 of the appeal as well as raised of the appeal as well as raised by the assessee in ground No. see in ground No. 1 of its appeal. Pankaj Enterprises ITA NO. 3773, 4875 & 12. The assessee in its computation of long The assessee in its computation of long-term capital gain has term capital gain

ASSISTANT COMMISSIONER OF INCOME TAX 25(3), MUMBAI vs. PANKAJ ENTERPRISES, MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

2 and 3 of the appeal as well as raised of the appeal as well as raised by the assessee in ground No. see in ground No. 1 of its appeal. Pankaj Enterprises ITA NO. 3773, 4875 & 12. The assessee in its computation of long The assessee in its computation of long-term capital gain has term capital gain

PANKAJ ENTERPRISES,MUMBAI vs. JT CIT RG 25(3), MUMBAI

In the result, both the appeals of the Revenue for AY 2012

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2012-13 Pankaj Enterprises, Jt. Cit Range-25(3), C/O Shankarlal Jain & Assoicates Pritashkar Bhavan, Bkc, 12, Engineer Building, 265, Vs. Bandra (E), Princess Street, Mumbai-400051. Mumbai-400 002. Pan No. Aacfp 3044 K Appellant Respondent Assessment Year: 2009-10 & Assessment Year: 2012-13 Asst. Commissioner Of Income Tax- M/S Pankaj Enterprises, 25(3), Plot No. 1, Behind Ice Factory, Room No. 601, C-10, 6Th Floor, Vs. Saki Vihar Road, Chandivali, Pratyakshakar Bhavan, Bandra Mumbai-400072. Kurla Complex, Bandra (East), Mumbai-400051. Pan No. Aacfp 3044 K Appellant Respondent Co No. 313/Mum/2018 (Ita No. 4875/Mum/2017) Assessment Year: 2009-10 & Co No. 312/Mum/2018 (Ita No. 4876/Mum/2017) Assessment Year: 2012-13

2 and 3 of the appeal as well as raised of the appeal as well as raised by the assessee in ground No. see in ground No. 1 of its appeal. Pankaj Enterprises ITA NO. 3773, 4875 & 12. The assessee in its computation of long The assessee in its computation of long-term capital gain has term capital gain

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

2,01,19,124 as against the amount of ` 18,10,72,120 actually paid by the assessee. Thus, it is evident that the Transfer Pricing Officer has determined the arm's length price of royalty payment by making an ad–hoc adjustment purely on estimate basis without following any approved method for determination of arm's length price

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

2, 5 and 11 are general in nature, hence, do not require adjudication. Considering the above, these grounds are dismissed. 3. Further, on the instructions of the assessee he submitted that grounds no.3, 4, 7, 8, 9, 12, 13, 14, 16, 17, 18, 20 and 21 are not to be pressed. Considering the aforesaid submissions of the learned Sr. Counsel

ACIT CEN CIR 13, 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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income

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

2 of section 115JB of the Act and therefore, same was added. 010. Accordingly, total income as per normal computation was determined at ₹71,38,54,894/- and book profit was computed at ₹177,24,08,742/- by order dated 2nd February 2012. 011. Assessee being aggrieved with the same preferred the appeal before the learned Commissioner of Income