RELIANCE INDUSTRIES LTD.,MUMBAI vs. ASSTT. CIT-CC-3(4), MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar, Vice Preside & Shri Sandeep Singh Karhail

transfer pricing principles to such domestic transactions also, which led to the amendment in Explanation to Section 80IA(8) and insertion of Section 92BA? (Included in 7) 13.10 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is correct in not appreciating the fact and position of law that as per Section

ACIT -3(4) , MUMBAI vs. RELIANCE INDUSTRIES LTD, MUMBAI

In the result, appeal by the Revenue is dismissed

Bench: Shri Pramod Kumar, Vice Preside & Shri Sandeep Singh Karhail

transfer pricing principles to such domestic transactions also, which led to the amendment in Explanation to Section 80IA(8) and insertion of Section 92BA? (Included in 7) 13.10 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) is correct in not appreciating the fact and position of law that as per Section

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal of the Revenue is dismissed and the cross objection of the Assessee is allowed in part in terms indicated herein above

Bench: Shri C.N. Prasad & Shri Ashwani Taneja

transfer' also falls within the eligible activities for deduction u/s 801A of the Act. The Mumbai Bench of the Tribunal has made the aforesaid observations in the context of objection raised before it regarding the claim u/s 801A of the Act on the ground that assessee was paid by the Government for the development work. The aforesaid objection was negated

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment years under consideration stands partly allowed and cross appeals filed by the assesse stands dismissed

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

Section 92BA w.e.f. 01/04/2013, then statute would have provided that for the purpose of Sub-section (8) to Section 80IA, “market value” in relation to goods or services means the arm’s length price as defined in clause (ii) of Section 92F. If both the clauses exist then one has to see if the market value is discernible from

VODAFONE DIGILINK LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee Ground Nos 9 & 10 is allowed

Bench: Shri Anikesh Banerjeeand\Nshri Prabhash Shankar\Nita No.1169/Mum/2014\N(Assessment Year: 2009-10)\Nm/S Vodafone Digilink Vs Deputy Commissioner Of Income\Nlimited,\Ntax, Cir.17(1), New Delhi\Nc-48, Okhla Industrial Area,\Nphase-Ii, New Delhi-110 020\Npan: Aaaca3202D\Nappellant\Nrespondent\Nassessee By\N:\Nshri Percy J. Pardiwalla/Wshri\Nketan Ved\Nrespondent By\N:\Nms. Vatsala Jha (Pcit)\Ndate Of Hearing\N:\N23/12/2024\Ndate Of Pronouncement\N:\N12/02/2025\Norder\Nper Anikesh Banerjee:\Ninstant Appeal Of The Assessee Was Filed Against The Order Of The Learned\Ndispute Resolution Panel-Ii, New Delhi-02 [For Brevity, ‘Ld.Drp') Passed Under\Nsection 144C(5) Of The Income-Tax Act, 1961 (For Brevity, ‘The Act'),\Ndated21/11/2013 For A.Y. 2009-10. The Impugned Order Was Emanated From The\Ndraft Assessment Order U/S 144C(1) R.W.S.143(3) Of The Actdated 28/03/2013 Of\Nthe Ld.Dcit, Circle-17(1), New Delhi (For Brevity The Ld. Ao).\N2\Nita No.1169/Mum/2014\Nvodafone Digilink Limited\N2. The Assessee Has Raised The Following Grounds Of Appeal: -\N“The Appellant Respectfully Submits That:\Non The Facts & Circumstances Of The Case & In Law, The Learned Dispute\Nresolution Panel -11. New Delhi (Drp\") Has Erred In Passing The Order Under\Nsection 144C(5) Of The Income Tax Act, 1961 (Act\"), Partly Confirming The\Nadjustments Proposed By The Deputy Commissioner Of Income Tax, Circle 17(1)\Nnew Delhi ("Ao') In The Draft Assessment Order & The Learned Ao Has\Naccordingly Erred In Passing The Assessment Order Under Section 143(3) Read With\Nsection 144C Of The Act.\Neach Of The Ground Is Referred To Separately, Which May Kindly Be Considered\Nindependent Of Each Other.\N1. On Amortization Of Revenue Based License Fee U/S 35Abb Of The Act\N1.

801A of the Act.\n8. Disallowance of unsecured loans/security deposits\n8. 1. On the facts and in the circumstances of the case and in law, the learned\nAO/DRP has erred in disallowing unsecured loans/security deposit amounting to\nRs 2,00,75,850 obtained by Appellant during the subject year under Section 68 of\nthe Act.\n9. Transfer Pricing adjustment - Disallowance

WEST COAST PAPER MILLS LTD,MUMBAI vs. DCIT 1(3)(2), MUMBAI

In the result, the appeal preferred by the Assessee [ITA No

Section 80IA(3)(ii) since the consolidated power manufacturing undertaking has been constituted out of plant and machinery previously in use making all six units ineligible for deduction u/s 80IA of the Act.?" 2. Whether on facts and circumstances of the case and in Law, without prejudice to (1) above, the Ld. CITA(A) is justified in granting deduction

GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD),MUMBAI vs. ADDL CIT LTU, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

Transfer Pricing Officer (TPO) to determine the Arms Length Price (ALP) of the International Transaction the assessee is having with its Associated Enterprises (AE). The TPO passed an under section 92CA of the Act dated 09.01.2015 computing a TP Adjustment towards performance guarantee at Rs. 5,26,17,801/-. The AO passed an assessment order under section 143(3) r.w.s

ASST CIT (LTU) 1, MUMBAI vs. GRASIM INDUSTRIES LIMITED (AS A SUCCESSOR TO ADITYA BIRLA NUVO LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

Transfer Pricing Officer (TPO) to determine the Arms Length Price (ALP) of the International Transaction the assessee is having with its Associated Enterprises (AE). The TPO passed an under section 92CA of the Act dated 09.01.2015 computing a TP Adjustment towards performance guarantee at Rs. 5,26,17,801/-. The AO passed an assessment order under section 143(3) r.w.s

JSW STEELS LTD,MUMBAI vs. DCIT CC 8(3), MUMBAI

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

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

transfer pricing adjustment of Rs.45,48,80,196 vide order dated 29/01/2016 passed under section 92CA(3) of the Act. In conformity, the AO passed the draft assessment order dated 31/03/2016 under section 143(3) r/w section 144C(1) of the Act after making various additions/disallowances. While deciding assessee‟s objections against the addition/disallowances made by the TPO/AO, the learned

DCIT(CC)-8(3) , MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment\nyears under consideration stands partly allowed and cross\nappeals filed by the assessee stands dismissed

Price.\n6.3.7 With reference to above, judicial precedents rendered by various\nTribunals while examining 'market price' in the context of power supplied\nby power plants to manufacturing units has held that the rate at which\nthe State Electricity Board supplies power to its consumers is to be\nconsidered to be the market value:\n• M/s Hero Motocorp Limited

DCIT CEN CIR 8(3), MUMBAI vs. JSW ENERGY LTD, MUMBAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Pawan Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Transfer Pricing Provisions under the Income Tax Act. 2.9.5 Proceeding further, finding defects in the assessee’s methodology to benchmark the same by External CUP in view of the fact that comparable entities were based in USA whereas the loans was advanced to Mauritius entity and further, the credit rating of Mauritius AE would be much lower than

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

transfer by the appellant but solely on account of the appellant's income and share of profit generated from such JV /firm. When no funds whatsoever, borrowed or otherwise, have been invested in JVs/firms, the applicability of section 14A does not arise. When there is no expenditure incurred in relation Page No. 27 ITA NO. 2485 & 2486/MUM/2017

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

transfer by the appellant but solely on account of the appellant's income and share of profit generated from such JV /firm. When no funds whatsoever, borrowed or otherwise, have been invested in JVs/firms, the applicability of section 14A does not arise. When there is no expenditure incurred in relation Page No. 27 ITA NO. 2485 & 2486/MUM/2017

ACIT (CIR.) - 6(1)(2), MUMBAI vs. BHANDAR POWER LTD., MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2013-14 Assistant Commissioner Of Bhandar Power Ltd. Income Tax, 14Th Floor, Essar House, Circle 6(1)(2), 11, K. K. Marg, Mahalaxmi, Vs. Mumbai Mumbai - 400034 (Pan: Aaacb6693B) (Appellant) (Respondent) Present For: Assessee : Shri Vijay Mehta, Fca & Shri Tarang Mehta, Advocate Revenue : Shri Satyaprakash R. Singh, Cit Dr Date Of Hearing : 29.07.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), Delhi, Vide Order Dated 25.01.2018 Passed Against The Assessment Order By Ito 6(1)(4), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 20.12.2016, For Assessment Year 2013-14. 2. Grounds Taken By The Revenue Are Reproduced As Under: 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Is Not Justified In Deleting The Disallowance Of Deduction U/S 80Ia Of The Income Tax Act Of Rs. 203,13,43,740/-Without Considering The Fact That The Provisions Of Section 801A(10) Is Clearly Attracted In This Case Hence The Assessee Is Not Eligible For Claiming Deduction U/S 801A Of The Income Tax Act.

price for supply of electricity by assessee to the group companies comprises of two components viz Annual fixed charges and Variable charges. The Annual fixed charges consist of the interest on debt, return on equity, depreciation on the assets and operation and maintenance cost which are apportioned among the customers in proportion to the power generation capacity allocated to them

TATA CHEMICALS LTD,MUMBAI vs. DCIT - 2 (3)(1), MUMBAI

3. Brief facts pertaining to the issue under consideration. During the Financial Year relevant to AY 2019-20 the assessee has transferred 6,06,46,000 kwh units of electricity from Power Plant –TT-12 which is eligible for deduction under section 80IA to the manufacturing unit at Mithapur at a cost

M/S. GRASIM INDUSTRIES LTD.,MUMBAI vs. DCIT CIT CIR. 6(3), MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

prices of sugar, sugar industries were in difficulty. The Government decided to give financial assistance to certain industries in respect of sugar manufactured by them from home-grown beet during the relevant period. Lord Macmillan held that— "What to my mind is decisive is that these payments were made to the company in order that the money might be used

DCIT CIR. 6 (3), MUMBAI vs. M/S. GRASIM INDUSTRIES LTD., MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

prices of sugar, sugar industries were in difficulty. The Government decided to give financial assistance to certain industries in respect of sugar manufactured by them from home-grown beet during the relevant period. Lord Macmillan held that— "What to my mind is decisive is that these payments were made to the company in order that the money might be used

JT. COMM OF INCOME TAX (OSD) , CC - 7(2), MUMBAI vs. M/S. RAJAMUNDRY EXPRESSWAY PVT. LTD, MUMBAI

In the result, the appeal of the revenue is dismissed

Bench: Us :-

801A is available only for development of the new infrastructure facility. 4. On the facts and the circumstances of the case and in law, the Ld.CIT(A) was correct in allowing the appeal of the assessee by ignoring the fact that the assessee company was a mere paper company and not a developer. 5. On the facts and the circumstances