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1,446 results for “transfer pricing”+ Section 2(24)(vi)clear

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Key Topics

Section 143(3)63Addition to Income63Section 14A51Disallowance49Section 115J43Section 153A24Deduction23Transfer Pricing23Section 6820

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

In the result, assessee’s appeal is partly allowed

ITA 2590/MUM/2017[2012-13]Status: DisposedITAT Mumbai23 Jul 2018AY 2012-13

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

For Appellant: Shri Dhanesh Bafnaa/wFor Respondent: Shri Jayant Kumar
Section 143(3)Section 144C(13)

vi) Merck Ltd. v/s DCIT, [2014] 148 ITD 513 (Mum.); and vii) DCIT v/s M/s. Diebold Software Services Pvt. Ltd., ITA no. 4347/Mum./2012, dated 02.04.2014. 20. The learned Departmental Representative relying upon the observations of the DRP and the Transfer Pricing Officer submitted that the assessee did not file proper documentary evidences before the Transfer Pricing Officer to prove

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

In the result, appeal stands partly allowed

Showing 1–20 of 1,446 · Page 1 of 73

...
Section 143(2)20
Section 92C20
Section 10A19
ITA 6912/MUM/2012[2008-09]Status: DisposedITAT Mumbai22 Jul 2016AY 2008-09

Bench: Shri Saktijit Dey & Shri Ashwani Taneja

For Appellant: Shri P.J. Pardiwala, Sr. CounselFor Respondent: Shri N.K. Chand
Section 143(3)Section 144C(13)Section 92C(2)

2. 66.00% Edelweiss Capital Ltd. 3. 13.88% IDC India Ltd. 4. 184.91% L&T Capital Co. Ltd. 5. 6.51% SERI Capital Markets Ltd. 6. Sumedha Fiscal Service Ltd. 48.84% 7. (segmental) Keynote Corporate Services Ltd. 209.19% 8. (segmental) 105.10% Arithmetic mean 8. Applying the arithmetic mean of 105.10%, the Transfer Pricing Officer worked out the arm's length price

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

In the result, assessee’s appeal is partly allowed

ITA 7686/MUM/2012[2008-09]Status: DisposedITAT Mumbai20 Jul 2018AY 2008-09

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

For Appellant: Shri P.J. Pardiwallaa/wFor Respondent: Shri Saurabh Deshpande
Section 10ASection 143(3)Section 154Section 92C

vi) Aegis Ltd. v/s ACIT, ITA no.1213/Mum./2014; vii) Willis Processing Services India Ltd. v/s DCIT, ITA no.2152/ Mum./2014; viii) Ventura India v/s ACIT, ITA no.1788/Pn./2014; 31. The learned Departmental Representative relied upon the observations of the DRP and the Transfer Pricing Officer. 32. We have considered rival submissions and perused materials on record. A reference

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

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

ITA 3773/MUM/2017[2012-13]Status: DisposedITAT Mumbai06 Jul 2022AY 2012-13

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

For Appellant: Mr. Shankarlal L. Jain, ARFor Respondent: Mr. Jasdeep Singh, CIT-DR

vi) of the Act. The Hon’ble High Court held that . The Hon’ble High Court held that tax ability of the capital gain will be examine tax ability of the capital gain will be examined the year in which the the year in which the transfer of the land as a stock in trade has taken place. transfer

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

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

ITA 4875/MUM/2017[2009-10]Status: DisposedITAT Mumbai06 Jul 2022AY 2009-10

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

For Appellant: Mr. Shankarlal L. Jain, ARFor Respondent: Mr. Jasdeep Singh, CIT-DR

vi) of the Act. The Hon’ble High Court held that . The Hon’ble High Court held that tax ability of the capital gain will be examine tax ability of the capital gain will be examined the year in which the the year in which the transfer of the land as a stock in trade has taken place. transfer

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

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

ITA 4876/MUM/2017[2012-13]Status: DisposedITAT Mumbai06 Jul 2022AY 2012-13

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

For Appellant: Mr. Shankarlal L. Jain, ARFor Respondent: Mr. Jasdeep Singh, CIT-DR

vi) of the Act. The Hon’ble High Court held that . The Hon’ble High Court held that tax ability of the capital gain will be examine tax ability of the capital gain will be examined the year in which the the year in which the transfer of the land as a stock in trade has taken place. transfer

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

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

ITA 6081/MUM/2018[2014-15]Status: DisposedITAT Mumbai07 Jun 2019AY 2014-15

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

Section 143(3)Section 144C(5)

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

ITA 1671/MUM/2014[2009-10]Status: DisposedITAT Mumbai28 Jun 2019AY 2009-10

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

For Appellant: Shri P.J. Pardiwalaa/w Shri Hiten ChandeFor Respondent: Shri Anand Mohan
Section 143(3)Section 144C(13)

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

MSC CREWING SERVICES P.LTD,MUMBAI vs. DCIT CIR 8(2), MUMBAI

The appeal of the assessee is allowed and that of the Revenue is dismissed

ITA 7110/MUM/2014[2010-11]Status: DisposedITAT Mumbai11 Jan 2017AY 2010-11

Bench: Shri G.S.Pannu & Shri Ravish Soodmsc Crewing Services Private Limited, Msc House, 2Nd-3Rd Floor, Andheri Kurla Road, Andheri East, Mumbai 400 059. Pan: Aaecm 1876B ...... Appellant Vs. Dy.Commissioner Income-Tax , Circle 8(2), Aaykar Bhavan,M.K.Road, Mumbai 400 006 .... Respondent Dy.Commissioner Income-Tax , Circle 10(2)(2) R.No.209,Aaykar Bhavan,M.K.Road, Mumbai 400 006 Vs. Msc Crewing Services Private Limited, Msc House, 2Nd-3Rd Floor, Andheri Kurla Road, Andheri East, Mumbai 400 059. Pan: Aaecm 1876B Assessee By : Shri Niraj Sheth Revenue By : Shri N.K.Chand Date Of Hearing : 10/08/2016 Date Of Pronouncement : 11/01/2017 (Assessment Year 2010-11 Order

For Appellant: Shri Niraj ShethFor Respondent: Shri N.K.Chand
Section 143(3)Section 2(47)(i)Section 2(47)(ii)Section 47Section 56Section 68Section 92

vi) and Section 47 (vid) of the Act without explaining how these provisions are applicable; c) drawing erroneous analogy from the provision of Section 56 (viia) and 56(viib) of the Act without considering the applicability of the provisions of these Section in case of Appellant; d) considering share premium as a income taxable under the Act by drawing erroneous

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

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

ITA 2815/MUM/2015[2010-11]Status: DisposedITAT Mumbai29 Aug 2022AY 2010-11

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 8084/MUM/2010[2006-07]Status: DisposedITAT Mumbai29 Aug 2022AY 2006-07

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 2493/MUM/2015[2008-09]Status: DisposedITAT Mumbai29 Aug 2022AY 2008-09

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 3267/MUM/2012[2007-08]Status: DisposedITAT Mumbai29 Aug 2022AY 2007-08

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 3691/MUM/2016[2009-10]Status: DisposedITAT Mumbai29 Aug 2022AY 2009-10

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 5227/MUM/2016[2010-11]Status: DisposedITAT Mumbai29 Aug 2022AY 2010-11

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 3597/MUM/2016[2009-10]Status: DisposedITAT Mumbai29 Aug 2022AY 2009-10

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

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

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

ITA 8120/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Aug 2022AY 2005-06

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

IPCA LABORATORIES LTD,MUMBAI vs. DCIT LTU, MUMBAI

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

ITA 3811/MUM/2016[2010-11]Status: DisposedITAT Mumbai29 Aug 2022AY 2010-11

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

ACIT CEN CIR 13, MUMBAI vs. IPCA LABORATORIES LTD, MUMBAI

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

ITA 7511/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Aug 2022AY 2005-06

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

For Appellant: Shri F.V. Irani, ARFor Respondent: Shri Sumit Kumar, DR
Section 801BSection 801CSection 80ISection 92C

vi. Further, an addition of ₹11,207/- was disallowed being amount debited on account of diminution in the value of investments. vii. While working out the booking profit, it was found that provision for doubtful debts of ₹68,05,647/- is not allowable as per clause (i) to explanation 1 to sub section 2 of section 115JB

J.P MORGAN ADVISORS INDIA P.LTD,MUMBAI vs. DCIT RG 3(2), MUMBAI

In the result, appeal is partly allowed

ITA 990/MUM/2014[2009-10]Status: DisposedITAT Mumbai19 Jun 2019AY 2009-10

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

For Appellant: Shri Madhur AgrawalFor Respondent: Shri Anand Mohan
Section 143(3)Section 144C(13)

24 J.P. Morgan Advisors India Pvt. Ltd. company before the Transfer Pricing Officer nor before the DRP. Thus, he submitted, at this stage the assessee cannot challenge the selection of this company through additional ground. In support of such contention he relied upon certain case laws as submitted in Legal Paper Book–II. 41. In rejoinder, the learned Authorised Representative