PUBLICIS COMMUNICATIONS P.LTD,MUMBAI vs. DCIT CIR 7(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

transfer pricing adjustment of ₹3,15,47,177/- and disallowance of deprecation of goodwill of ₹11,73,198/- was made. Publics Communication Ltd,:A.Y.09-10, 10-11, 11-12, 12-13 ITA No.1994/M/2014, 7523/M/2016, 462/M/2018, 588/M/2017, CO 180/M/2019 012. The assessee is aggrieved with the above two disallowances/ additions. Further, the assessee was concerned with the short credit of TDS

PUBLICIS COMMUNICATIONS P. LTD,MUMBAI vs. DCIT CIR 7(3)(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

transfer pricing adjustment of ₹3,15,47,177/- and disallowance of deprecation of goodwill of ₹11,73,198/- was made. Publics Communication Ltd,:A.Y.09-10, 10-11, 11-12, 12-13 ITA No.1994/M/2014, 7523/M/2016, 462/M/2018, 588/M/2017, CO 180/M/2019 012. The assessee is aggrieved with the above two disallowances/ additions. Further, the assessee was concerned with the short credit of TDS

TATA CONSULTANCY SERVICES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX 3(4), MUMBAI

transfer pricing adjustments, tax credit claims, provision of guarantees, brand royalty, state taxes paid overseas, TDS on software, brand building

M/S. ESSAR SHIPPING LTD,MUMBAI vs. DCIT, CIRCLE 5(1)(1), MUMBAI

In the result, the appeal of the assessee is In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2021-22 M/S Essar Shipping Ltd., Dy. Cit, Circle 5(1)(1), 5Th Floor, Essar House, 11, Keshav Mumbai/Assessment Unit, Vs. Rao Khadye Marg, Mahalaxmi National Faceless Assessment Mumbai-400034. Centre, Room No. 568, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aacce 3707 D Appellant Respondent

transfer pricing adjustment proposed by the TPO, , issued a draft assessment order on 27.12.2023 assessment order on 27.12.2023, wherein he also proposed other wherein he also proposed other additions related to the corporate issues. The assessee filed related to the corporate issues. The assessee filed related to the corporate issues. The assessee filed objection before the said draft assessment order

DCIT CIR 1, THANE vs. LAXCESS INDIA P.LTD, THANE

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Kavitha Rajagopal () Assessment Year: 2011-12 Lanxess India Pvt. Ltd., Dy. Cit, Circle-1, Lanxess House, Plot No. Room No. 22, 6Th Floor, B A/162-164, Road No. 27, Vs. Wing Asher It Park, Road, Wagle Estate, Opp. Iti College, 16-Z, Wagle Industrial Midc, Thane (West)-400 604. Estate, Thane (West)-400604. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2011-12 Dy. Cit, Circle-1, Lanxess India Pvt. Ltd., Room No. 22, 6Th Floor, B Wing Lanxess House, Plot No. Asher It Park, Road, 16-Z, Vs. A/162-164, Road No. 27, Wagle Industrial Estate, Thane Wagle Estate, Opp. Iti (West)-400604. College, Midc, Thane (West)- 400 604. Pan No. Aaccb 3880 A Appellant Respondent

transfer pricing pricing pricing adjustment adjustment adjustment of of of Rs.292,07.863/ Rs.292,07.863/- should be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. 2. On the facts and circumstances of the case and in la 2. On the facts

LANXESS INDIA P.LTD,THANE vs. DCIT CIR 1, THANE

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Kavitha Rajagopal () Assessment Year: 2011-12 Lanxess India Pvt. Ltd., Dy. Cit, Circle-1, Lanxess House, Plot No. Room No. 22, 6Th Floor, B A/162-164, Road No. 27, Vs. Wing Asher It Park, Road, Wagle Estate, Opp. Iti College, 16-Z, Wagle Industrial Midc, Thane (West)-400 604. Estate, Thane (West)-400604. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2011-12 Dy. Cit, Circle-1, Lanxess India Pvt. Ltd., Room No. 22, 6Th Floor, B Wing Lanxess House, Plot No. Asher It Park, Road, 16-Z, Vs. A/162-164, Road No. 27, Wagle Industrial Estate, Thane Wagle Estate, Opp. Iti (West)-400604. College, Midc, Thane (West)- 400 604. Pan No. Aaccb 3880 A Appellant Respondent

transfer pricing pricing pricing adjustment adjustment adjustment of of of Rs.292,07.863/ Rs.292,07.863/- should be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. 2. On the facts and circumstances of the case and in la 2. On the facts

VODAFONE INDIA LTD,MUMBAI vs. ASST CIT 8(3)(2), MUMBAI

price at which these are transferred to the pre-paid distributors. No payment or credit was made by the Assessee to its pre-paid distributors. In fact, it was the pre-paid distributors who make a payment to the Assessee for transferring pre-paid talk time and connections and accordingly the discount extended was not income earned by the distributors

TATA CONSULTANCY SERVICES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX 3(4), MUMBAI

In the result, appeals of both, revenue and assessee are partly allowed for all the three assessment years

Bench: Shri Pawan Singh & Shri Girish Agrawal

pricing angle. (iii) The brand royalty charged Rs.1779.24 crores is for the exclusive use and exploitation of the brand 'TCS' and 'TATA CONSULTANCY SERVICES' (for which assessee is undoubtedly the economic owner) by the AEs of the assessee for augmenting their business revenues and for the brand "TATA" of which the Tata Sons Ltd is the legal owner for which

THOMAS COOK (INDIA) LTD.,MUMBAI vs. ADDL/ JT/ DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT CENTRE, DELHI

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

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon'Ble

price at which the shares are issued to the employees in order to compensate the payout obligation which might arise on ESOP shares either at buyback or at liquidation. 9.10 Allowability of ESOP expense in the income Tax Act- There is no specific section under which ESOP expenditure is allowable under the Income Tax Act 1961 ('Act). The only provision

STRIDES ARCOLAB LTD,NAVI MUMBAI vs. DCIT CIR 10(3),

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2877/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2009-10) Strides Shasun Limited Dcit Cir. 15(3)(2) (Formerly Known As R. No. 451, 4Th Floor, Strides Arcolab Limited) बिधम/ Aayakar Bhavan, M. K. 201, Devavrata, Sector 17, Road, Mumbai-400 020 Vs. Vashi, Navi Mumbai – 400 703 स्थायीलेखासं./जीआइआरसं./ Pan No. Aadcs8104P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Percy Pardiwala/ Shri Ketan Ved /Shri Ninad Patade, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Ms. Vatsalaa Jha, Ld. Dr सुनवाईकीतारीख/ : 18.01.2023 Date Of Hearing घोषणाकीतारीख / : 28.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla : The Aforesaid Appeal Has Been Filed By Assessee Against The Order Dated 26.02.2014 Passed U/S 143(3) R.W.S. 144C(13) In 2

TDS considered short by Rs. 45,06,609/- 16. Credit for tax paid on self-assessment not granted. 3. The assessee vide letter dated 9th June 2022 has raised additional grounds that the impugned transfer pricing

ATOS INDIA P.LTD,MUMBAI vs. DCIT RG 14(1)(1), MUMBAI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Shri G. S. Pannu & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1795/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) Dcit-14(1)1), Atos India Pvt. Ltd., Aayakar Bhavan Godrej & Boyce Complex, बनाम/ Mumbai Plant 5, Pirojshanagar, Vs. Lbs Marg, Vikhroli (West), Mumbai-400079 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaaco2461J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Dhanesh Bafna /Chandni Sha /Riddhi Maru /Kinjal Patel, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Dr. Yogesh Kamat, Ld. Dr सुनवधईकीतधरीख/ 01.06.2022 & : 25.01.2023 Date Of Hearing घोर्णधकीतधरीख / : 23.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: 1. The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) In 2

Transfer Pricing Adjustment 63,87,42,448 Disallowance of 2,92,19,122 depreciation of Goodwill Disallowance u/s 40(a)(ia) 16,65,932 Disallowance due to non 64,45,907 deduction of TDS

SAS INSTITUTE (INDIA) P. LTD,MUMBAI vs. DCIT CIR 3(3), MUMBAI

In the result, the appeal of the assessee is allowed for statistical purposes with above directions

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Dy. Commissioner Of Income- M/S Sas Institute (India) Private Tax, Circle 3(3) Limited Apeejay House, 3 Rd Floor, Aaykar Bhavan, Vs. 3, Dinshaw Wachha Road, Maharshi Karve Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaecs3149K Assessee By : Shri M.P. Lohia, Ar Revenue By : Ms. Vranda U.Matkari, Dr Date Of Hearing: 28.04.2023 Date Of Pronouncement : 26.07.2023

TDS at Rs 4,14,68,631 instead of Rs 5,19,22,837 and consequentially erroneously levying interest under section 234B of the Act. 11. Erroneous levy of interest under section 234B of the Act Without prejudice to the above grounds of appeal, even if the transfer pricing

TATA CONSULTANCY SERVICES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX 3(4), MUMBAI

In the result, appeals of both, revenue and assessee are partly\nallowed for all the three

Pricing Officer were not on the basis of any detailed search process.\nAt least, no such analysis is either forthcoming from the order of the Transfer\nPricing Officer or could be brought to our notice by learned Departmental\nRepresentative. On the contrary, on a thorough and careful reading of the\nimpugned order of learned Commissioner (Appeals

TH BOSTON CONSULTING GROUP (INDIA) P. LTD,MUMBAI vs. DCIT CIR 3(3)(2), MUMBAI

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

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sunil Kumar Singh, Hon'Blethe Boston Consulting Group (India) V. Dcit – Circle - 3(3)(2) Private Limited Aayakar Bhavan, M.K. Road 14Th Floor, Nariman Bhavan Mumbai - 400020 227, Nariman Point Mumbai - 400021 Pan: Aabcb3524G (Appellant) (Respondent) Assessee Represented By : Shri J.D. Mistri, Shri Pratik Shah & Ms. Riddhi Maru Department Represented By : Shri Udoal Raj Singh

Transfer Pricing 4(2) ('the learned TPO'), under the directions of the Hon'ble Dispute Resolution Panel - 2 ('the Hon'ble DRP'), erred in determining the arm's length price of the Appellant's international transaction of provision of management consultancy services at Rs. 30,91,74,079 instead of Rs. 23,79,44,777 as determined by the Appellant

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

In the result, appeals filed by the assessee stands partly allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

transfer pricing matters made by the learned AO/TPO and upheld by the Hon'ble DRP in respect of data processing and software services be deleted. Ground 2 - Disallowance of repairs and maintenance expenses amounting to Rs. 29,47,184 2.1. On the facts and in the circumstances of the case, the learned AO while giving effect to the directions

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE ADDL/JT/DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT DENTRE,, DELHI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Us, First We Would Like To Address Ground No.2 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

transfer pricing order under section 92CA(3) dated 1 November 2019 is barred by limitation and hence invalid in law.‖ 3.1. The additional grounds raised by the assessee are as under:- 1:0 Re: Eloal Assessment Order barred by limitation: 1:1 The Appellant submits that considering the facts and circumstances of its case and the law prevailing

VODAFONE INDIA LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-8(3)(2), MUMBAI

Transfer Pricing Adjustment of INR\n93,12,637/- pertaining to Reimbursement of Expenses\nof salary and related cost on deputation of personnel\nin India.\n(1)\nGround No. 8: Levy of interest under Section 234D\nand 244A of the Act\n(m) Ground No. 9: Incorrect computation of Book Profits\nunder Section 115JB of the Act\n(n)\nGround

DCIT 8(3)(2), MUMBAI vs. M/S VODAFONE IDEA LIMITED (EARLIER KNOWN AS VODAFONE INDIA LIMITED WHICH NOW STANDS MERGED WITH IDEA CELLULAR LIMITED (ICL) AND CONSEQUENTLY KNOWN AS VODAFONE IDEA LIMITED), MUMBAI

Transfer Pricing Adjustment of INR\n93,12,637/- pertaining to Reimbursement of Expenses\nof salary and related cost on deputation of personnel\nin India.\n(1)\nGround No. 8: Levy of interest under Section 234D\nand 244A of the Act\n(m) Ground No. 9: Incorrect computation of Book Profits\nunder Section 115JB of the Act\n(n)\nGround