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

81,17,008.\nThe Appellant prays that the AO be directed to grant relief in\nrespect of levy of interest under section 234B of the Act, in\nconsequence to relief granted in respect of the aforesaid grounds\nof appeal.\nGround 6- Levy of interest under section 234D of the Act\n6.1. On the facts and in the circumstances

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

81. The learned Departmental Representative relied upon the observations of the Transfer Pricing Officer and learned DRP. 82. We have considered rival submissions and perused material on record. On a perusal of the annual report placed in the paper book it is noticed that the company has different segments, whereas, the segmental information relating to all the segments

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

Transfer Pricing (*TP') adjustment in relation to export of finished goods 1.1. On the facts and circumstances of the case, and in law, the Hon'ble DRP has erred in upholding the action of the Ld. AO/TPO in determining the Arms' Length Price ('ALP') of the international transaction of export of finished goods at Rs. 10,35,77,048 instead

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

Section 43A of the Act do not apply. vi. With respect to the claim of additional depreciation of ₹1,23,37,420/- on account of assets put to use in second half of A.Y. 2007-08, relying on the decision of the co-ordinate bench in Cosmo Films Ltd. vs. DCIT in Ipca Laboratories

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

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

section 234B and 234D of the Act. 70. Levy of interest being consequential is not required to be adjudicated at this stage. 71. In the result, appeal is partly allowed. ITA no.1754/Mum./2014 Revenue’s Appeal – A.Y. 2009–10 72. The grounds raised by the Revenue are corresponding to grounds no.1 and 2 of ITA no.990/Mum./2014. In view

VAN OORD INDIA P.LTD,MUMBAI vs. DCIT RG 5(3), MUMBAI

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

Bench: Shri. A. D. Jain & Shri Rajesh Kumar

transfer pricing regulations do not apply to the assessee, to the extent of operations carried out through operating qualifying ships, since the assessee is a company registered under the Tonnage Tax Scheme ('TTS') provided under the Act. The facts in the year under consideration are not different from those in assessment years 2007-08 and 2011-12, where the very

VIACOM 18 MEDIA P.LTD,MUMBAI vs. ADDL CIT 11(1), MUMBAI

In the result, assessee‟s appeal for A

Bench: Shri C.N. Prasad & Shri S. Rifaur Rahman

81,739 vis-à-vis the interest cost for the time lag in receipt of the reimbursement by adopting the PLR rate of the banks to the total income of the assessee. 115. The DRP confirmed the action of Assessing Officer / Transfer Pricing Officer. 116. Before us, the learned A.R. for the assessee submitted that the Tribunal in its order

SABMILLER INDIA LTD,MUMBAI vs. ASST CIT CIR 11(1)(2), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

Transfer Pricing Officer accepts that some services have been rendered, however, he has made a general observation that such services do not have any value and has proceeded to determine the arm's length price on a purely on ad–hoc basis. Whereas, the reading of the AAR ruling, referred to above, clearly demonstrate that highly specialized services, in fact

M/S. INDIA MEDTRONICS PVT.LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(2),, BARODA

In the result, similarly the Assessee’s appeal is partly allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal

Transfer Pricing Officer to delete the addition on account of excessive purchase price as it is already benchmarked once under TNMM/RPM, as under 69. However, learned Commissioner (Appeals), inadvertently dismissed the ground, whereas it was to be allowed following DRP direction. Hence, the based on the above order, adjustment on account of excessive purchase price amounting