LEAR AUTOMOTIVE INDIA P. LTD. ,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

271(1)(c) of\nthe Act.\nPrayer\nThe Appellant prays that the initiation of penalty proceedings u/ 274 r.w.s.\n271(1)(c) of the Act by the Ld. AO is not warranted and hence the Ld. AO\nshould be directed to drop the penalty proceedings.\nThe above grounds are independent of and without prejudice to each other.\nThe Appellant craves

INCOME TAX OFFICER , JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED , JALNA

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

u/s 92CA of the Act. We appropriate method and proposed an upward adjustment of Rs.4,73,46,877/-. We find the Ld. CIT(A) deleted the addition made by the Assessing Officer on the ground that clause (i) of section 92BA of the Act has been omitted by the Finance Act, 2017 w.e.f. 01.04.2017. The reasons given

INCOME TAX OFFICER WARD 1 JALNA, JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED, JALNA

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

u/s 92CA of the Act. We appropriate method and proposed an upward adjustment of Rs.4,73,46,877/-. We find the Ld. CIT(A) deleted the addition made by the Assessing Officer on the ground that clause (i) of section 92BA of the Act has been omitted by the Finance Act, 2017 w.e.f. 01.04.2017. The reasons given

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. HONEYWELL AUTOMATION INDIA LTD.,, PUNE

In the result, the appeal of the assessee in ITA No

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

Method (‘TNMM’). 21. erred in initiating penalty proceeding under section 271(1)(c) of the Act without appreciating that the Appellant has neither concealed nor furnished any inaccurate particulars of the its income.” Ground no.1 is general and the same is dismissed. 4. Grounds no.2 to 9 relate to the denial of tax holiday u/s 10AA

M/S. HONEYWELL AUTOMATION INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal of the assessee in ITA No

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

Method (‘TNMM’). 21. erred in initiating penalty proceeding under section 271(1)(c) of the Act without appreciating that the Appellant has neither concealed nor furnished any inaccurate particulars of the its income.” Ground no.1 is general and the same is dismissed. 4. Grounds no.2 to 9 relate to the denial of tax holiday u/s 10AA

M/S. HONEYWELL AUTOMATION INDIA LIMITED,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal of the assessee in ITA No

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

Method (‘TNMM’). 21. erred in initiating penalty proceeding under section 271(1)(c) of the Act without appreciating that the Appellant has neither concealed nor furnished any inaccurate particulars of the its income.” Ground no.1 is general and the same is dismissed. 4. Grounds no.2 to 9 relate to the denial of tax holiday u/s 10AA

MAGNA STEYR INDIA PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is partly allowed for statistical purpose in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

TP proceedings. The stand of assessee that it is providing services to its associated enterprises and charging hourly rates, which worked out to 24 Euros per hour as against charges raised against non-associated enterprises and domestic parties. The assessee is providing specialized services in the field of engineering design services and where similar services are being provided

DEPUTY COMMISSIONER OF INCOME-TAX vs. MAGNA STEYR INDIA P. LTD.,, PUNE

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

u/s. 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. The Department in appeal has assailed the assessment order by raising following grounds : “01. Whether the Hon'ble Dispute Resolution Panel was was right in law and on facts and in circumstances of the case in directing to grant proportionate adjustments

MAGNA STEYR INDIA PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

u/s. 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. The Department in appeal has assailed the assessment order by raising following grounds : “01. Whether the Hon'ble Dispute Resolution Panel was was right in law and on facts and in circumstances of the case in directing to grant proportionate adjustments

GRUPO ANTOLIN INDIA PVT. LTD., (ERSTWHILE KNOWN AS GRUPO ANTOLIN PUNE PRIVATE LIMITED),PUNE vs. DCIT, CIRCLE 1(2),, PUNE

In the result, appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.299/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

u/s 271(1)(c) of the Act, without considering the facts of the case. 7. Each one of the above grounds of appeal is without prejudice to the other. 3. The assessee has also raised additional ground of appeal which reads as under:- 1:0 Re.: Not restricting the amount of transfer pricing adjustment to the ‘transactions’ between Associated enterprises

ASSISTANT COMMISSIONER OF INCOME-TAX vs. VISTEON ENGG. CENTER (I) PVT. LTD.,, PUNE

Accordingly, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

u/s. 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2010-11. 2. The brief facts of the case as emanating from records are: The assessee company is engaged in the business of designing and developing products in CAD/CAM of auto parts. The assessee is a registered under

VISTEON ENGINEERING CENTER (INDIA) PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

Accordingly, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

u/s. 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2010-11. 2. The brief facts of the case as emanating from records are: The assessee company is engaged in the business of designing and developing products in CAD/CAM of auto parts. The assessee is a registered under

TASTY BITE EATABLES LTD.,,PUNE vs. DEPUTY COMMSSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 337/Pun/2014 "नधा"रण वष" / Assessment Year : 2009-10

penalty proceedings section 271(1) read with section 274 of the Act, without considering the facts of the case. 9. Each one of the above grounds of appeal is without prejudice to the other. 10. The appellant reserves the right to amend, alter or add to the grounds of appeal.” A.Y.2009-10 4. Shri Arvind Sonde appearing on behalf of assessee

M/S. VISHAY COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13,, PUNE

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

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

method it was held Vishay Singapore has made available various facilities to the assessee for which the assessee has made aforesaid payment and the nature of facilities indicates that the payment is in the nature of royalty as defined u/s. 19 r.w. Article 12 of the DTAA between India and Singapore. Accordingly, disallowed the said expenditure for violation

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

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.515/Pun/2014 "नधा"रण वष" / Assessment Year : 2009-10

method applied by appellant to demonstrate the arm's length nature of the pricing of the transaction of cost allocation from AE. 15. The ld. DRP erred on facts and in law by allowing the partial relief on the basis of sample documents. 16. The Ld. DRP /Ld. AO erred on facts and in law in disallowing the entire value

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

Appeal is allowed for statistical purposes

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

methods and the entire payment made by the assessee for availing the IT support services from its associated enterprise was added as TP adjustment. • In view this, the Tribunal had given the decision that the addition made by A.O./TPO on account of TP adjustments in respect of the international transactions of the assessee company with its AE involving availing

REINSHAW METRLOGY SYSTEMS LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5, PUNE

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

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm आयकरअपऩलसं. / Ita No.1560/Pun/2017 निर्धारणवषा / Assessment Year: 2012-13 Renishaw Metrology Systems Limited, The D.C.I.T., S.No. 283, Hissa No. 2, S.No. 284, Vs Circle-5, Hissa No. 2 & 3A, Raisoni Estate, Pune. Village Mann Taluka, Mulshi, District- Pune 411057. Pan No. Aabcr6361F Appellant/ Assessee Respondent /Revenue Assessee By Shri Ajit Jain-Ar (Through Virtual) Revenue By Shri Piyush Kumar Singh Yadav-Dr (Through Virtual) Date Of Hearing 29/03/2022 Date Of Pronouncement 01/04/2022 आदेश/ Order Per:Shri Sonjoy Sarma, J.M. This Appeal By The Assessee Arises Out Of The Order Passed By The Ld.Commissioner Of Income Tax(Appeals)-13, Pune,(In Short, The Cit(A) In Relation To The Assessment Order Dated 23/03/2016 Passed By Dcit, Circle-5, Pune For The Assessment Year 2012-13.The Grounds Of Appeal Raised By The Assessee Are As Follows: “On The Facts & In Circumstances Of The Case & In Law, The Ld. Transfer Pricing Officer (Tpo)/Assessing Officer (Ao) Has Erred & The Hon/ Commissioner Of Income Tax (Appeals) (Cit(A)) Has Further Erred In Upholding/Confirming The Action Of The Ld. Tpo/Ao In: 1 Transfer Pricing General Ground 1.1 Making An Addition To The Appellant’S Total Income Based On The Provisions Of Chapter X Of The Act & Have Further Erred In Fact & In Law In Not Providing Any Reasons To Show That The Conditions Mentioned In Clauses (A) To (D) Of Section 92C(3) Of The

Method (TNMM); 2.5 making an adjustment to the international transaction pertaining to management service fees after accepting the segments to be at arm’s length in which this transactions of management service fees is aggregated; 2.6 not appreciating the fact that the management service fees paid by the Appellant is recharged by the Appellant to the AE, since the Appellant

TATA TECHNOLOGIES LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, both the appeals of assessee are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.168 & 1708/Pun/2018 यििाारण वषा / Assessment Years : 2013-14 & 2014-15

271(1)(c) of the Act. The Appellant prays that the penalty proceedings ought to be dropped. 4. The ground of appeal Nos.1 to 5 raised by assessee are against transfer pricing adjustment made on account of payment of commission. The learned Authorized Representative for the assessee pointed out that the issue is squarely covered by the order of Tribunal