M/S. CAPSTONE SECURITIES ANALYSIS PVT LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.251/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13

68,43,110/-. Certain international transactions were reported by the assessee in Form No. 3CEB. The AO referred the matter of determination of the Arm’s Length Price (ALP) of such transactions to the Transfer Pricing Officer (TPO). Vide order dated 18-01-2016, the TPO recommended transfer pricing adjustment of Rs.5,35,19,469/-. The AO passed the draft

WIKA INSTRUMENTS INDIA PRIVATE LIMITED,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12, PUNE

In the result, appeal of the Assessee is partly allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2767/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Wika Instruments India V The Dcit, Private Limited, S. Circle-12, Pune. Hi-Cliff Industrial Estate, Kesnand, Pune – 412207. Maharashtra. Pan: Aaacw2665A Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Mutha – Ar Revenue By Shri Prakash L Pathade – Cit-Dr Date Of Hearing 05/03/2025 Date Of Pronouncement 03/06/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 143(3) R.W.S 144C(13) Of The Act, Dated 25.10.2024 To Give Effect To The Order Of The Dispute Resolution Panel(Drp) Passed U/S.144C(5) Of The Act, Dated 26.09.2024 Emanating From Draft Assessment Order Under Section 144C(1) Of

5) of the Act, dated 26.09.2024 emanating from Draft Assessment Order under section 144C(1) of ITA No.2767/PUN/2024 [A] the Act, dated 26.12.2023. The Assessee has filed Revised Grounds of appeal as under : “Revised Grounds of appeal : 1. Ground 1: Erroneous adjustment under section 143(1) ought to have been addressed in the regular assessment proceedings

DEPUTY COMMISSIONER OF INCOME-TAX vs. JAIN IRRIGATION SYSTEM LTD.,, JALGAON

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.739/Pun/2015 यििाारण वषा / Assessment Year : 2009-10 Jain Irrigation Systems Ltd., Plastic Park, Post Box No.72, N.H. No.6, Bambhori, अऩीऱाथी/Appellant Jalgaon – 425001 …. Pan: Aaacj7163Q Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range-1, Jalgaon

68 taxmann.com 246 (Bom), wherein it was held that draft assessment order is necessary in terms of section 144C(1) of the Act before the Assessing Officer can proceed to pass final assessment order. It was held that in the absence thereof, order is without jurisdiction. The Hon’ble Bombay High Court in the facts before it in Pr.CIT

JAIN IRRIGATION SYSTEMS LTD.,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.739/Pun/2015 यििाारण वषा / Assessment Year : 2009-10 Jain Irrigation Systems Ltd., Plastic Park, Post Box No.72, N.H. No.6, Bambhori, अऩीऱाथी/Appellant Jalgaon – 425001 …. Pan: Aaacj7163Q Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range-1, Jalgaon

68 taxmann.com 246 (Bom), wherein it was held that draft assessment order is necessary in terms of section 144C(1) of the Act before the Assessing Officer can proceed to pass final assessment order. It was held that in the absence thereof, order is without jurisdiction. The Hon’ble Bombay High Court in the facts before it in Pr.CIT

SKODA AUTO [ I ] P.LTD,AURANGABAD vs. ACIT, AURANGABAD

In the result, the appeal of assessee is allowed

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

section 92CA of the Act. 3.2 The ld. AR further submitted that the assessee had filed objections before the DRP against the alleged Draft Assessment Order and the same were disposed of by the Dispute Resolution Panel (DRP) and thereafter the alleged final assessment order dated 30-10-2012 was passed but proceedings subsequent to the assessment order dated

DEPUTY COMMISSIONER OF INCOME-TAX vs. MAGNA INTERNATIONAL INC.,, PUNE

In the result, appeal of Revenue and Cross Objections of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.2098/Pun/2016 यििाारण वषा / Assessment Year : 2013-14

section 144C(1) of the Act, before passing final assessment order. Since the Assessing Officer had failed to do so and hence, the assessee was denied the opportunity to defend against the addition made by Assessing Officer, before the Dispute Resolution Panel (DRP). The assessment order passed by the Assessing Officer was thus, quashed

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

144C(3) dated 30.01.2020 after making the addition on account of TP adjustment of Rs.22,76,78,495/-, addition on account of commission expenditure of Rs.16,03,019/- and addition on account of difference in returned loss as per original C.O. No.14/PUN/2021 return of income filed by the assessee company on 28.11.2016. Accordingly, the Assessing Officer assessed total loss

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

144C(3) dated 30.01.2020 after making the addition on account of TP adjustment of Rs.22,76,78,495/-, addition on account of commission expenditure of Rs.16,03,019/- and addition on account of difference in returned loss as per original C.O. No.14/PUN/2021 return of income filed by the assessee company on 28.11.2016. Accordingly, the Assessing Officer assessed total loss

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

144C(8) of the Act, the Dispute Resolution Panel may confirm, reduce or enhance the variations proposed in the draft order so, however, that it shall not set aside any proposed variation or issue any direction under sub-section (5) for further enquiry and passing of the assessment order. The DRP has no power to quash, annul or declare

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

In the result, the Cross Objection filed by the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm Assessment Year : 2003-04 Acit, Circle- 1, .......अपीलाथ" / Appellant Aurangabad. बनाम / V/S. Skoda Auto India Pvt. Ltd., Plot No.A1/1, Shendra Five Star Industrial Area, Midc, Aurangabad – 431201. ……""यथ" / Respondent Pan : Aaecs3749M C.O. No.38/Pun/2011 (Arising Out Of Ita No.39/Pun/2011) Assessment Year : 2003-04 Skoda Auto India Pvt. Ltd. (Saipl), A-1/1, Five Star Industrial Area, Midc, Shendra, Aurangabad. .......अपीलाथ" / Appellant Pan : Aaecs3749M बनाम / V/S. Acit, Circle- 1, ……""यथ" / Respondent Aurangabad. Assessee By : Shri Nikhil Pathak Revenue By : Shri S. B. Prasad, Cit सुनवाई क" तारीख / Date Of Hearing : 19.12.2018 घोषणा क" तारीख / Date Of Pronouncement : 31.12.2018 आदेश / Order Per D. Karunakara Rao, Am : There Are Cross-Appeals Under Consideration. The Assessee Filed A Cross Objection Vide C.O. No.38/Pun/2011 For The Assessment Year

5 C.O. No.38/PUN/2011 same issue in favour of the assessee vide ITA No.2599/PUN/2016 in the case of ACIT vs. M/s. East West Seeds Ltd. for the assessment year 2009-10, order dated 14.11.2018. 6. On the other hand, ld. DR for the Revenue strongly defended the order of the Assessing Officer and the CIT(A). 7. We have heard both

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

section 92(A)(1) of the Act, because once the Assessing Officer refers the transactions to TPO, he will be bound to act in conformity with the order of TPO as mandated by section 92CA(4) of the Act. The Ld. AR referred to Instruction No.3/2003, dated 20.05.2013, which is under old scheme, copy of which is placed

SAS RESEARCH AND DEVELOPMENT (INDIA) PVT. LTD ,PUNE vs. ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.255/Pun/2021 िनधा"रणवष" / Assessment Year : 2016-17 Sas Research & The Additional / Joint / Development(India) Private Vs Deputy / Assistant Limited, Commissioner Of Income Level 1, 2A & 3, Tower 5, Tax / Income-Tax Officer, Cybercity, Magarpatta City, National E-Assessment Hadapsar, Pune – 411013. Centre, Delhi. Pan: Aaecs 8099 L Appellant/ Assessee Respondent /Revenue Assessee By Shri Rajendra Agiwal– Ar Revenue By Shri Shivraj B Moray – Dr Date Of Hearing 03/08/2022 Date Of Pronouncement 01/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Additional/Joint/ Deputy/Assistant Commissioner Of Income Tax, National E-Assessment Centre, Delhi, Dated 06.04.2021For The A.Y. 2016-17 Emanating From The Order Of The Dispute Resolution Panel-3, Mumbai, Dated 24/03/2020. The Assessee Has Raised The Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case, Sas Research & Development (India) Private Limited (‘Appellant’) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The National E- Assessment Center, Delhi Under Section 143(3) R.W.S 144C(13),144C(13),143(3A) & 143(3B) Of The Income-Tax Act, 1961 (‘The Act’) Dated 6 April 2021 Pursuant To The Directions Issued By Hon’Ble Dispute Resolution Panel - 3 (‘Hon’Ble Drp’), Mumbai, Under Section 144C(5) Of The Act Dated 19 February 2021, On The Following Sas Research & Development (India) Pvt. Ltd., [A]

144C(5) of the Act dated 19 February 2021, on the following SAS Research and Development (India) Pvt. Ltd., [A] grounds, which are independent of and without prejudice to each other: Grounds of appeal pertaining to transfer pricing adjustment: 1. Inappropriate transfer pricing adjustment of INR 8,25,09,762 even though the pricing of all international transactions

AJINKYA MADHYAMIK SHIKSHAK SEVAK SAH. PATSANSTHA, MARYADIT,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA, SATARA

In the result, the appeal of the assessee is allowed

144C of the\nincome-tax Act 1961, for which the last date of fling under that Section is 1st\nApril 2021 or thereafter may be filed within the time provided under that\nSection or by 31st May 2021, whichever is later,\nc) Income tax return in response to notice under Section 148 of the Income-\ntax

SUNGARD AVAILABILITY SERVICES LP,USA vs. INCOME TAX OFFICER (IT), WARD 4, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.987/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Sungard Availability Services Lp, The Income Tax C/O.Suite 320, 565 Ease V Officer(It), Swedesford Road, Wayne, S Ward-4, Pune. Pennsylyania19087, Usa. B.O.Bhavan, Sector No.17, Pune Satara Road, Parvati, Pune – 411009. Pan: Abtfs0527J Appellant/ Assessee Respondent /Revenue Assessee By Shri Siddesh Chaugule – Ar Revenue By Shri Ganesh Bare – Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 20/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Final Assessment Order Dated 11.07.2023 Passed By Income Tax Officer(It), Ward-4, Pune Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, Passed In Pursuance To Directions Issued By Dispute Resolution Panel(Drp) Under Section 144C(5) Of The Income Tax Act, 1961 Dated 27.06.2023.The Grounds Of Appeal Raised By The Assessee Are As Under : Sungard Availability Services Lp, Usa [A]

144C(5) of the Income Tax Act, 1961 dated 27.06.2023.The grounds of appeal raised by the assessee are as under : Sungard Availability Services LP, USA [A] “General Grounds 1. On the facts and in the circumstances of the case and in law the Hon’ble DRP/Ld.AO has erred in assessing the total income of the Appellant