HSBC SECURITIES AND CAPITAL MARKETS (I) P.LTD,MUMBAI vs. DCIT RG 4(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

35A. 7. DRP vide its order under section 144C (13) sustained the draft order of AO as far as addition on account of TP Adjustment and disallowance under section 40a (ia) is concerned. As far as disallowance under section 14A is concerned, DRP reduced the amount from Rs. 27,16,560/- to Rs. 10,00,000/-. Being aggrieved with this

DCIT 4(1), MUMBAI vs. HSBC SECURITIES AND CAPITAL MARKETS (INDIA) P.LTD, MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyal

35A. 7. DRP vide its order under section 144C (13) sustained the draft order of AO as far as addition on account of TP Adjustment and disallowance under section 40a (ia) is concerned. As far as disallowance under section 14A is concerned, DRP reduced the amount from Rs. 27,16,560/- to Rs. 10,00,000/-. Being aggrieved with this

ECL FINANCE LTD.,MUMBAI vs. A.C.I.T. - 3(1)(2), MUMBAI

In the result, this appeal by the assessee stands partly allowed

Transfer Pricing adjustment of Rs. 62,07,55,982/-.Thereafter, the AO incorporated the TPO's order and issued the draft order u/s. 143(3) r.w.s. 13 M/s. ECL Finance Limited 144C (1) of the Act on 30.12.2016 which was duly served on 01.01.2017. The assessee filed its objections in Form No. 35A on 30th January, 2017. 10. Upon assessee

DIAMOND DYE-CHEM LTD,MUMBAI vs. ASST CIT CIR 6(2)(2), MUMBAI

In the result, appeals filed by the assessee are allowed as indicated above

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalediamond Dye-Chem Ltd Vs. Acit, Circle – 6(2)(2) (Now Merged With Basf 5Th Floor, Aayakar India Ltd) Bhavan, Plot No. 37, Chandivali Mumbai – 400 001. Farm Road, Chandivali, Andheri (East), Mumbai – 400 072. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacd3478N Appellant .. Respondent Appellant By : Mr.Nitesh Joshi.Ar Respondent By : Dr.Yogesh Kamat, Cit Dr & Sri.Satya Pinisetty.Dr Date Of Hearing 27.01.2022 Date Of Pronouncement 03.03.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

transfer pricing adjustments and disallowances vide order u/sec143(3) Diamomnd Dye Chem Ltd, Mumbai r.w.s 144C(1) of the Act dated 27-01-2014. Further on filling of objections in Form no 35A against the Draft Asst Order. The DRP has passed the order u/sec144C(5) of the Act with the directions dated 30/12/2014.Subsequently the learned assessing officer, has passed

DCIT 7(3)(2), MUMBAI vs. PIRAMAL ENTERRISES LTD, MUMBAI

In the result, the appeal is dismissed

Bench: Sri Saktijit Dey, Jm & Sri S Rifaur Rahman, Am आयकर अपील सुं./ Ita No. 1799/Mum/2016 (यनर्ाािण वर्ा / Assessment Year 2011-12) The Dy. Commissioner Of Piramal Enterprises Limited Income-Tax, Range-7(3)(2), (Formerly Known As Piramal Room No. 669A, 6 Th Floor, Healthcare Limited) बनाम/ Aayakar Bhavan, Piramal Tower, Ganpatrao Vs. Mumbai-400 020 Kadam Marg, Lower Parel, Mumbai-400 013 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaacn4538P आयकर अपील सुं./ Ita No. 850/Mum/2015 (यनर्ाािण वर्ा / Assessment Year 2011-12) Piramal Enterprises Limited The Dy. Commissioner Of (Formerly Known As Piramal Income-Tax, Range-7(3)(2), Healthcare Limited) Room No. 669A, 6 Th Floor, बनाम/ Piramal Tower, Ganpatrao Aayakar Bhavan, Vs. Kadam Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) अपीलार्थी की ओि से / Appellant By : Shri A Mohan, Cit Dr प्रत्यर्थी की ओि से / Respondent By : Shri Jehangir D. Mistri, Madhur Agrawal, Ronak Doshi, Ars’ सुनवाई की िािीख / Date Of Hearing: 16.03.2020 घोर्णा की िािीख / Date Of Pronouncement: 27.05.2020

Pricing Officer and Dispute Resolution Panel. 41. We have considered rival submissions and perused the materials on record. As noted above, similar nature of dispute arose in assessee’s own case in Assessment Year 2008-09 (supra). In the decision referred to above, the Tribunal has accepted assessee’s claim that guarantee commission for corporate guarantee provided should be charged

ABBOTT INDIA LTD,MUMBAI vs. ADDL CIT RG 7(2), MUMBAI

In the result appeal filed by the assessee for both the assessment years are allowed

Bench: Shri Prashant Maharishi, Am & Shri Narender Kumar Chaudhary, Jm Ita No. 2032/Mum/2014 (Assessment Year2009-10)

section 142 (1) for assessment year 2008 – 09. (Page number 40 of the paper book). v Vide letter dated 17 October 2011 filed before the learned transfer pricing officer placed at page number 45 – 52 of the paper book was furnished by Abbott India Ltd. vi Subsequently all the correspondences were made by Abbott India Ltd before the learned assessing

ABBOTT INDIA LTD.(SOLVAY PHARMA INDIA LTD),MUMBAI vs. ADDL.C.I.T. RG.7(2), MUMBAI

In the result appeal filed by the assessee for both the assessment years are allowed

Bench: Shri Prashant Maharishi, Am & Shri Narender Kumar Chaudhary, Jm Ita No. 2032/Mum/2014 (Assessment Year2009-10)

section 142 (1) for assessment year 2008 – 09. (Page number 40 of the paper book). v Vide letter dated 17 October 2011 filed before the learned transfer pricing officer placed at page number 45 – 52 of the paper book was furnished by Abbott India Ltd. vi Subsequently all the correspondences were made by Abbott India Ltd before the learned assessing

GODREJ CONSUMER PRODUCTS LTD,MUMBAI vs. DCIT CIR 14(1)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalegodrej Consumer Vs. Dcit, Cc-14(1)(1) Products Ltd., Aayakar Bhavan, Kalyaniwalla & Mistry 4Th Floor, Mk Road, Llp, Esplanade House, Mumbai-400020. 2Nd Floor, 29, Hazarimal Somani Marg, Fort, Mumbai – 400 001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aabcg3365J Appellant .. Respondent Appellant By : Mr.Farrokh.V. Irani.Ar Respondent By : Dr.Yogesh Kamat. Cit Dr & Mr.Satya Pinisetty.Dr Date Of Hearing 27.01.2022 Date Of Pronouncement 05.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order U/S 143(3) R.W.S 144(C)(13) Of The Income Tax Act, 1961 Passed In Pursuance To Directions Of The Drp.The Assessee Has Raised The Following Grounds Of Appeal.

35A before the DRP. Whereas the DRP has dealt on the objections and issued specific directions and passed the order u/s 144C(5) of the Act on 31.10.2016.The AO has passed the order considering the transfer pricing adjustment, the DRP directions, M/s Godrej Consumer Products Ltd, Mumbai. reallocation of expenses and CBDT Circular and disallowance

IPSOS RESEARCH P. LTD,MUMBAI vs. DCIT CIT CIR 10(1)(1), MUMBAI

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am

Transfer Pricing Officer-II(4) [TPO] u/s 92CA(1) on 27/07/2012. The Ld.TPO, vide order u/s 92CA(3) dated 21/01/2014, suggested upward adjustment of Rs.5.80 Crores against shares resources fees with respect to international transactions carried out by assessee and the same has been incorporated in the draft assessment order [draft order] dated 26/03/2014 passed by Ld. Additional Commissioner

IPSOS RESEARCH P.LTD,MUMBAI vs. ADDL CIT CIR 11(2), MUMBAI

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am

Transfer Pricing Officer-II(4) [TPO] u/s 92CA(1) on 27/07/2012. The Ld.TPO, vide order u/s 92CA(3) dated 21/01/2014, suggested upward adjustment of Rs.5.80 Crores against shares resources fees with respect to international transactions carried out by assessee and the same has been incorporated in the draft assessment order [draft order] dated 26/03/2014 passed by Ld. Additional Commissioner

DCIT -CC-1(4), MUMBAI vs. ULTRATECH CEMENT LTD. , MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

DCIT- CC- 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CEN CIR 1(4), MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

DCIT - CC - 1(4), MUMBAI vs. ULTRATECH CEMENT LTD., MUMBAI

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Pricing order passed by the TPO. Ground nos. 6 and 7 of the assessee’s cross objection is connected with this claim 20. Since the assessee has also raised an additional ground on this issue, all the grounds are taken up together subsequently for adjudication when we deal with the additional ground. 21. Ground no.4 of the assessee’s cross

ULTRATECH CEMENT LTD,MUMBAI vs. DCIT CC 1(4), MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

35A, 35AB, 35ABB, 35D, 35E of the IT Act. 54. The amendment was subsequently explained in more detail by the CBDT in Circular No. 779 dated 14-09-1999 under the head Business re- organization – Extensive amendments in relation to amalgamation Page No. | 15 ITA NO. 465 & 931/MUM/2020 (A.Y: 2015-16) UltraTech Cement Limited demerger and slump sale. Relevant portion

DY CIT CC 1(4), MUMBAI vs. M/S ULTRATECH CEMENT LTD , MUMBAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

35A, 35AB, 35ABB, 35D, 35E of the IT Act. 54. The amendment was subsequently explained in more detail by the CBDT in Circular No. 779 dated 14-09-1999 under the head Business re- organization – Extensive amendments in relation to amalgamation Page No. | 15 ITA NO. 465 & 931/MUM/2020 (A.Y: 2015-16) UltraTech Cement Limited demerger and slump sale. Relevant portion