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

9. We have considered rival submissions and perused materials on record. As could be seen from Page–18 of the Transfer Pricing Officer’s order, he has applied certain filters for selecting comparables from the data bases. One of the filter applied by the Transfer Pricing Officer is companies whose on–site revenue is more than 60% of the export

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

2,81,17,008.\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

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 31 January 2018 or at least on the date of transfer was a necessary condition. The provision did not contemplate, and indeed could not accommodate, a situation where the shares were unlisted on the date of transfer and listed only subsequently. The mechanism was designed for already listed securities, not for those which acquired that status later

ILJIN ELECTRIC CO. LTD,MUMBAI vs. DCIT (IT) CIR 2(2)(1), MUMBAI

In the result, appeal for A

Bench: Shri Jason P. Boaz, Accoutant Member & Shri Saktijit Dey

2) r/w section 9 of the Act, source rule applies as per which if there is an economic or territorial nexus with the income received by non–resident outside India, it is deemed to accrue or arise in India as per the provisions of section 9 as well as DTAA. In this context, learned Departmental Representative has relied upon certain

JSW ENERGY LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (TRANSFER PRICING) 2(3)(1), MUMBAI

In the result, the appeal is allowed

Bench: Us Is A Public Company Engaged In The Business Of Generation Of Power & Operation & Maintenance Of The Power Plants, As Also Other Allied Activities. During The Course Of Its Assessment Proceedings, The Assessing Officer Made A Reference Under Section 92Ca(1), For Determination Of The Arm‟S Length Price Of The International Transactions & Specified Domestic Transaction Entered Into By The Assessee With Its Associated Enterprises (Aes), To The Deputy Commissioner Of Income Tax, Assessment Year 2014-15 Page 2 Of 17

9. The objections before me is similar to what is stated before Transfer Pricing Officer. The view of Transfer Pricing Officer on the specific reason attributed for the default is reproduced below: (b) Further the assessee has not given any concrete evidence for its contention that the person concerned looking into matter was on leave. Also the assessee stated that

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

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

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

section 92C 8 ITA 6081/Mum/2018 r.w.r.10B, the arms length price in relation to an international transaction shall be determined by adopting any one method thereunder and not by adopting two methods as the most appropriate method. The assessee has also argued for not adopting as most appropriate method, as per which, the price at which finished goods are exported

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

section 144C(13) of the Income Tax Act, 1961 (for short "the Act") pursuant to the directions of the Dispute Resolution Panel–I (DRP), Mumbai, pertaining to the assessment years 2009–10 and 2010–11. ITA no.1671/Mum./2014 Assessee’s Appeal – A.Y. 2009–10 2. Shri P.J. Pardiwala, learned Sr. Counsel for the assessee, at the outset, submitted that grounds

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner

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 the appeal of the AO is dismissed. 0104. Accordingly, for assessment year 2009–10, appeal of the assessee is partly allowed and appeal of the Assessing Officer is dismissed. For A.Y. 2010–11 0105. ITA Nos. 3811 & 5227/Mum/2016 0106. Assessee has preferred ITA number 3811/M/2016 for assessment year 2000 – 11 against the order passed by the Commissioner