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48 results for “depreciation”+ Section 92C(2)clear

Sorted by relevance

Mumbai361Delhi349Bangalore219Kolkata74Ahmedabad70Pune48Chennai38Hyderabad27Jaipur8Indore6Cochin6Surat5Guwahati3Jodhpur2Visakhapatnam1Calcutta1Chandigarh1Jabalpur1Karnataka1Orissa1

Key Topics

Section 143(3)47Transfer Pricing41Comparables/TP37Addition to Income34Section 92C28Depreciation19TP Method14Section 92C(2)13Disallowance11Section 10A

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

ITA 1736/PUN/2018[2014-15]Status: DisposedITAT Pune21 Oct 2020AY 2014-15

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

Section 143(3)

section 92C which provides that: “The arm’s length price in relation to an international transaction or … shall be determined by one of the following methods, being the most appropriate method…’. The mechanism for determining the ALP under these methods has been given in Rule 10B. Insofar as the intra-group services under consideration are concerned, the determination

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURNAGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

ITA 1763/PUN/2019[2015-16]Status: DisposedITAT Pune21 Oct 2020

Showing 1–20 of 48 · Page 1 of 3

7
Section 1446
Survey u/s 133A6
AY 2015-16

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

Section 143(3)

section 92C which provides that: “The arm’s length price in relation to an international transaction or … shall be determined by one of the following methods, being the most appropriate method…’. The mechanism for determining the ALP under these methods has been given in Rule 10B. Insofar as the intra-group services under consideration are concerned, the determination

DY. CIT, CIRCLE-9, PUNE vs. MERCEDES BENZ I PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER I PVT. LTD), PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1110/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

92C(2) of the Income-tax Act, 1961 be allowed to the Appellant while carrying out transfer pricing adjustments in AY 2005-06. 9. In computing the book profits under section 115JB of the Act, the learned CIT(A) erred in considering the provision for compensation payable to module suppliers of Rs 2.53,03,903 as not an ascertained liability

MERCEDES-BENZ INDIA PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER INDIA PVT. LTD),PUNE vs. ASST. CIT, CIRCLE-8, PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1083/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

92C(2) of the Income-tax Act, 1961 be allowed to the Appellant while carrying out transfer pricing adjustments in AY 2005-06. 9. In computing the book profits under section 115JB of the Act, the learned CIT(A) erred in considering the provision for compensation payable to module suppliers of Rs 2.53,03,903 as not an ascertained liability

NALCO WATER INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, , PUNE

Appeal is allowed for statistical purposes

ITA 1892/PUN/2018[2014-15]Status: DisposedITAT Pune02 Mar 2022AY 2014-15

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year:2014-15

For Appellant: Shri Ketan VedFor Respondent: Shri Shivaji B. More
Section 143(3)Section 144C(5)Section 92C(3)

Section 92C(3) of the Act are satisfied for rejecting/ disregarding the transfer pricing study prepared by the Appellant. Corporate Taxation 2. Erroneous disallowance of depreciation

SANDVIK ASIA PVT. LTD.,,PUNE vs. DCIT CIR.- 10,, PUNE

In the result, appeal of assessee is partly allowed

ITA 1459/PUN/2010[2006-07]Status: DisposedITAT Pune05 Jun 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1459/Pun/2010 यििाारण वषा / Assessment Year: 2006-07

For Appellant: Shri Nikhil PathakFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 14ASection 220(2)Section 244ASection 32

2) against interest received under Section 244A of the Act 3.1 The learned AO has erred in making an addition of Rs.23,43,436 by not accepting the netting off of interest payable. 3.2 The learned AO failed to appreciate that this very issue was concluded in its favour by decisions of the Tribunal in its own case which were

M/S. CARRARO INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 1260/PUN/2018[2009-10]Status: DisposedITAT Pune26 Feb 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Vikas Awasthy

Section 143(3)

2% both for use of technical knowhow and brand name ; and Rs.75,41,558/- pursuant to the agreement dated 01-07-2008 for use of name and logo of its foreign/associated enterprise @ 0.5%. On a reference made by the AO, the TPO determined Nil ALP in respect of Royalty payment of Rs.75.41 lakh pursuant to agreement dated

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. CARRARO INDIA PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 1308/PUN/2018[2009-10]Status: DisposedITAT Pune26 Feb 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Vikas Awasthy

Section 143(3)

2% both for use of technical knowhow and brand name ; and Rs.75,41,558/- pursuant to the agreement dated 01-07-2008 for use of name and logo of its foreign/associated enterprise @ 0.5%. On a reference made by the AO, the TPO determined Nil ALP in respect of Royalty payment of Rs.75.41 lakh pursuant to agreement dated

RIETER INDIA PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed

ITA 1551/PUN/2014[2008-09]Status: DisposedITAT Pune17 Oct 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1551/Pun/2014 यििाारण वषा / Assessment Year : 2008-09

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Rajeev Kumar, CIT
Section 133(6)Section 143(3)Section 92C(2)

92C(2) of the Act. Grounds pertaining to corporate tax issues: 9. Incorrect computation of book profits under section 115JB of the Act Erred in not reducing the book profits by the lower of unabsorbed deprecation or brought forward losses, i.e. Rs.25,78,04,000, as required by clause (iii) of Explanation 1 to sub - section 2 of section 115JB

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD., (NOW MERGED WITH KPIT CUMMINS INFOSYSTEMS LTD),PUNE vs. ACIT, CIRCLE 11(1), PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

ITA 246/PUN/2013[2008-09]Status: DisposedITAT Pune09 Apr 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Shri Rajeev Kumar, CIT
Section 10ASection 143(3)Section 37(1)Section 92CSection 92C(2)

section 92C(2) of the ITA, 1961 though specifically requested during the course of hearing. 8. The appellant craves leaves to add, modify, alter, amend, or withdraw all or any of the Ground of appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing. 4. Further, the assessee

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. KPIT TECHNOLOGIES LTD.,, PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

ITA 459/PUN/2014[2009-10]Status: DisposedITAT Pune09 Apr 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Shri Rajeev Kumar, CIT
Section 10ASection 143(3)Section 37(1)Section 92CSection 92C(2)

section 92C(2) of the ITA, 1961 though specifically requested during the course of hearing. 8. The appellant craves leaves to add, modify, alter, amend, or withdraw all or any of the Ground of appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing. 4. Further, the assessee

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

ITA 525/PUN/2014[2009-10]Status: DisposedITAT Pune09 Apr 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Shri Rajeev Kumar, CIT
Section 10ASection 143(3)Section 37(1)Section 92CSection 92C(2)

section 92C(2) of the ITA, 1961 though specifically requested during the course of hearing. 8. The appellant craves leaves to add, modify, alter, amend, or withdraw all or any of the Ground of appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing. 4. Further, the assessee

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 781/PUN/2015[2010-11]Status: DisposedITAT Pune23 May 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Rajeev Kumar, CIT-DR
Section 10ASection 92C(2)

92C(2) of the Act and the levy of interest u/s.234B of the Act. In this regard, Ld. Counsel for the assessee submitted that no separate adjudication is required on these grounds at this stage. Accordingly, they are also dismissed as consequential or premature. Thus, out of the grounds No.1 to 13 relating to Transfer Pricing issues, only grounds

SKODA AUTO INDIA PVT. LTD.,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, appeal of the assessee in ITA No

ITA 546/PUN/2014[2009-10]Status: DisposedITAT Pune02 Jul 2019AY 2009-10

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.714/Pun/2011 नििाारण वषा / Assessment Year : 2005-06 The Assistant Commissioner Of Income Tax, Circle-1, Aurangabad. .......अऩीऱाथी / Appellant बिाम / V/S. Skoda Auto India Pvt. Ltd. Plot No.A1/1, Shendra Five Star Industrial Area, Midc, Aurangabad-431 201 Pan :Aaecs3749M ……प्रत्यथी / Respondent

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Avadhesh Kumar, CIT

Depreciation cannot be computed as per American rules applicable to the parent company. Therefore, Mr. Ostwal was correct in adjusting margin of profit of the taxpayer.” Thus, the Hon‟ble ITAT, Pune has also allowed adjustments made by the appellant to its profitability to account for difference and ensure comparability of the entities being compared. 10.6 The appellant has contended

ACIT,CIR.-1,, AURANGABAD vs. SKODA AUTO INDIA PVT. LTD.,, AURANGABAD

In the result, appeal of the assessee in ITA No

ITA 714/PUN/2011[2005-06]Status: DisposedITAT Pune02 Jul 2019AY 2005-06

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.714/Pun/2011 नििाारण वषा / Assessment Year : 2005-06 The Assistant Commissioner Of Income Tax, Circle-1, Aurangabad. .......अऩीऱाथी / Appellant बिाम / V/S. Skoda Auto India Pvt. Ltd. Plot No.A1/1, Shendra Five Star Industrial Area, Midc, Aurangabad-431 201 Pan :Aaecs3749M ……प्रत्यथी / Respondent

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Avadhesh Kumar, CIT

Depreciation cannot be computed as per American rules applicable to the parent company. Therefore, Mr. Ostwal was correct in adjusting margin of profit of the taxpayer.” Thus, the Hon‟ble ITAT, Pune has also allowed adjustments made by the appellant to its profitability to account for difference and ensure comparability of the entities being compared. 10.6 The appellant has contended

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. INA BEARINGS INDIA PRIVATE LIMITED,, PUNE

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

ITA 281/PUN/2017[2009-10]Status: DisposedITAT Pune07 Jun 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.148/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10

2) of the Income Tax Rules, 1962, the Tribunal was correct in law, in directing the inclusion of DEPB in turnover and depreciation in net profit for the purpose of profit margin of comparables and assessee?” The Tribunal in that case held that depreciation was includible in arriving at the total operating costs. Affirming the view of the Tribunal

INA BEARINGS INDIA PVT. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

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

ITA 148/PUN/2017[2009-10]Status: DisposedITAT Pune07 Jun 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.148/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10

2) of the Income Tax Rules, 1962, the Tribunal was correct in law, in directing the inclusion of DEPB in turnover and depreciation in net profit for the purpose of profit margin of comparables and assessee?” The Tribunal in that case held that depreciation was includible in arriving at the total operating costs. Affirming the view of the Tribunal

CARRARO INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal of the assessee is partly allowed

ITA 15/PUN/2018[2006-07]Status: DisposedITAT Pune16 Jul 2019AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.15/Pun/2018 िनधा"रण वष" / Assessment Year : 2006-07 Carraro India Pvt. Ltd., B-2/2, Midc, Ranjangaon, Pune-412210. अपीलाथ"/Appellant Pan : Aaacc5292M …. Vs. Dcit, Circle-1(1), …. ""थ" / Respondent Pune. Assessee By : Shri Rajendra Agiwal Revenue By : Shri Amol Kamal सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 19.06.2019 Date Of Pronouncement: 17.07.2019 आदेश / Order Per D. Karunakara Rao, Am : This Appeal Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2006-07. 2. The Assessee Raised 16 Grounds In Its Appeal. Grounds No.2 To 11 Relate To The Tp Adjustments. Grounds No.1 & 12 To 16 Relate To Other Non-Tp/General/Consequential Issues. 3. Referring To Various Tp Related Grounds In This Appeal, Ld. Counsel For The Assessee Submitted That The Apparent Typographical Mistakes In The Pli-Related Calculations Are Corrected & The Benefits Of +/-5% Available U/S 92C(2) Of The Act Are Granted, The Assessee Is At Home & No Addition

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Amol Kamal
Section 143(3)Section 144C(5)Section 92C(2)

section 92C(2) of the Act and thereby erroneously concluding that the international transaction of the Appellant is not at arm’s length.” 4. Briefly stated the relevant facts include that this is the second round of proceedings before the Tribunal. The assessee filed the return of income declaring total income of Rs.Nil. The assessee reported certain international transactions with

DCIT, BANGALORE vs. M/S SUNGARD SOLUTIONS INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 519/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation. Thus, the ground of the assessee is allowed. 6. Ground No.2 is with respect to denial of deduction u/s 10A with respect to Unit No.I, Bangalore. 6.1 AO has noted that assessee has not claimed deduction u/s 10A of the Act for the Unit I, Bangalore in the return of income but subsequently, during the assessment proceedings

M/S SUNGARD SOLUTIONS (INDIA) PRIVATE LIMITED,PUNE vs. DCIT, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 540/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation. Thus, the ground of the assessee is allowed. 6. Ground No.2 is with respect to denial of deduction u/s 10A with respect to Unit No.I, Bangalore. 6.1 AO has noted that assessee has not claimed deduction u/s 10A of the Act for the Unit I, Bangalore in the return of income but subsequently, during the assessment proceedings