EATON TECHNOLOGIES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

Transfer Pricing assessment can at best be taken as an indicator for the Assessing Officer to investigate as to whether or not there exists any arrangement which has resulted in more than ordinary profits qua the requirements of section 10A(7) r.w.s. 80-IA(10) of the Act. Even if it is accepted that the difference between the operating margins

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

Transfer Pricing assessment can at best be taken as an indicator for the Assessing Officer to investigate as to whether or not there exists any arrangement which has resulted in more than ordinary profits qua the requirements of section 10A(7) r.w.s. 80-IA(10) of the Act. Even if it is accepted that the difference between the operating margins

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

Transfer Pricing assessment can at best be taken as an indicator for the Assessing Officer to investigate as to whether or not there exists any arrangement which has resulted in more than ordinary profits qua the requirements of section 10A(7) r.w.s. 80-IA(10) of the Act. Even if it is accepted that the difference between the operating margins

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

Transfer Pricing assessment can at best be taken as an indicator for the Assessing Officer to investigate as to whether or not there exists any arrangement which has resulted in more than ordinary profits qua the requirements of section 10A(7) r.w.s. 80-IA(10) of the Act. Even if it is accepted that the difference between the operating margins

M/S. A B KNOWLEDGE SYSTEMS,,PUNE vs. INCOME-TAX OFFICER,,

In the result, the appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.894/Pun/2016 यििाारण वषा / Assessment Year : 2012-13 M/S. Ab Knowledge Systems, 406, Lunkad Sky Station, Viman Nagar, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aarfa5025E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 7(3), Pune

144. 5 On the facts and in the circumstances of the case, the CIT(A) erred in upholding that appellant earned income of Rs.5,53,02,457 as income from undisclosed source as assessed by AO. 6 On the facts and in the circumstances of the case, the CIT(A) failed to appreciate the nature of business carried

REHAU POLYMERS PVT. LTD.,,PUNE vs. ASISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 519/Pun/2014 "नधा"रण वष" / Assessment Year : 2009-10

section 143(3) r.w.s 144C(13) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the assessment year 2009-10. 2. The brief facts of the case as emanating from the record are: The assessee company is engaged in the business of manufacturing, distribution and marketing of polymer products and providing technical, sales and other services

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

144(7) of the Act. The appellant is aggrieved that the opportunity of being heard • was not provided by the Ld. DRP with the reference to the remand report and the same is not in accordance with the provisions of Section 1440(11) and Section 144C(6)(C) of the Act. The grounds of appeal mentioned below are without prejudice

KIMBERLY CLARK LEVER P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

144(C) of the Income-tax Act, 1961 (‘the Act’) by the Assistant Commissioner of Income Tax, Circle 11(1), Pune [‘ACIT’ or ‘AO’] following the directions issued by the Dispute Resolution Panel (‘DRP’) in respect of the aforesaid assessment year on the following among other grounds: 2 1. Disallowance of Advertising and Marketing (‘A&M’) expenses a. The learned

PRODAIR AIR PRODUCTS INDIA PRIVATE LIMITED, PUNE,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the Assessee is Dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.495/Pun/2022 िनधा"रण वष" / Assessment Year : 2018-19 Prodair Air Products India The Assistant Private Limited, V Commissioner Of 602 Pentagon 5, Magarpatta S Income Tax, Circle-4, City, Hadapsar, Pune – 411013. Pune. Pan: Aafcp0045E Appellant/ Assessee Respondent /Revenue Assessee By Shri Chandni Shah & Ridhi Maru – Ar Revenue By Shri Subhakant Sahu – Irs, Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 14/12/2023

Transfer Pricing Officer passed an order dated 24.07.2021. After that as per section 144C of the Act, the AO(National Faceless Assessment Centre passed draft assessment order under section 144C of the Act. The assessee’s filed objections before Dispute Resolution Panel(DRP) as per section 144C(2) of the Act. The relevant provision of section 144C are reproduced here

JOINT COMMISSIONER OF INCOME-TAX, (OSD) , CIRCLE -3,, PUNE vs. M/S. BOBST INDIA PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed and the Cross

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.445/Pun/2019 िनधा"रण वष" / Assessment Year : 2008-09 Jcit (Osd), Circle-1(1), .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Bobst India Pvt. Ltd., Plot No.82, 126 To 132, Village Kasar Amboli, Ambadvet, Ghotawade Road, Tal-Mulshi, Pirangut, Pune-412108. ……""यथ" / Respondent Pan : Aaacb7295F C.O. No.42/Pun/2019 (Arising Out Of Ita No.445/Pun/2019) िनधा"रण वष" / Assessment Year : 2008-09 M/S. Bobst India Pvt. Ltd., Plot No.82, 126 To 132, Village Kasar Amboli, Ambadvet, Ghotawade Road, Tal-Mulshi, Pirangut, Pune-412108. .......अपीलाथ" / Appellant Pan : Aaacb7295F बनाम / V/S. Jcit (Osd), Circle-1(1), ……""यथ" / Respondent Pune. Revenue By : Shri T. Vijaya Bhaskar Reddy Assessee By : Shri R. G. Agiwal सुनवाई क" तारीख / Date Of Hearing : 02.01.2020 घोषणा क" तारीख / Date Of Pronouncement : 06.01.2020 आदेश / Order Per D. Karunakara Rao, Am: The Appeal Filed By The Revenue Is Against The Order Of The Cit(A)-1, Pune Dated 17.12.2018 For The Assessment Year 2008-09. The Assessee Filed The Cross Objection.

transfer pricing adjustment by Rs.2,10,842 (i.e difference between adjustment made by ld. TPO in first round of Rs. 1,52,38,300 and revised adjustment of Rs. 1,54,49,142 made pursuant to remand back by ITAT) thereby indirectly making 3 C.O. No.42/PUN/2019 an enhancement while giving effect to the Hon’ble ITAT order which

COMPUTERLAND UK LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (IT)-1,, PUNE

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 2505/Pun/2017 धनधाारण वषा / Assessment Year : 2013-14 Computerland Uk Limited C/O. Ventura India Private Limited Commerzone, Building No. 2 & 7, 1St Floor, Survey No.144 & 145, Samrat Ashoka Path, Off. Airport Road, Yerwada, Pune-411 014. Pan : Aaecc4565H .......अपीलाथी / Appellant बनाम / V/S.

section 271 (1)(c) of the Act without appreciating the fact that transfer pricing adjustment to the international transactions of the Appellant is on account of difference of opinion as to application of selection criterion for selection of comparable companies, incoherent approach, interpretation of the provisions, interpretation of case laws etc.” Additional Ground 19 Modification of turnover filter

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

pricing report obtained and the transfer\npricing documentation maintained.”\n13. On going through the judgment of Hon'ble Jurisdictional\nHigh Court and applying the ratio laid down therein on the\nfacts of the present case, we find that the same are squarely\napplicable and, therefore, we hold that 1d. DRP's directions\nconfirming the action of TPO making the upward

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

pricing report obtained and the transfer\npricing documentation maintained.”\n\n13. On going through the judgment of Hon'ble Jurisdictional\nHigh Court and applying the ratio laid down therein on the\nfacts of the present case, we find that the same are squarely\napplicable and, therefore, we hold that 1d. DRP's directions\n\nconfirming the action of TPO making

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHAPUR vs. UNDERCARRIAGE AND TRACTOR PARTS PRIVATE LIMITED, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

Bench: Shri R.K. Panda & Ms. Astha Chandra

transfer pricing order has been passed on 30.10.2018 and the TPO had adequate time to complete the penalty proceedings. 4 ITA No.839/PUN/2024, AY 2015-16 2.5 The present case is not the case where the documents were not filed at all. Section 271G of the Income-tax Act, 1961, prescribes penalty in case a person fails to furnish information

M/S. TRIPLE POINT TECHNOLOGY (INDIA) PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

M/S. TRIPLE POOINT TECHNOLOGY (INDIA) P.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. TRIPLE POINT TECHNLOGY INDIA PVT. LTD.,, PUNE

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

SPECTRAFORCE TECHNOLOGIES (INDIA) PRIVATE LIMITED,PUNE vs. ACIT, CIRCLE 5, PUNE, PUNE

In the result, appeal of the assessee is partly allowed for statistical purposes as per terms indicated hereinabove

Bench: Dr.Manish Borad & Ms. Astha Chandra

section 92C(3) and Rule 10B(3) are satisfied in the present case. 8. That on the facts and circumstances of the case and in law, the Ld. AO/Ld. TPO/DRP has erred in enhancing the income of Appellant by Rs. 2,90,89,437 while holding that the Appellant's international transaction pertaining to provision of Staff 8 Augmentation Service

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

In the result, the appeal of Revenue in ITA

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

Transfer Pricing Officer (TPO) u/s 92CA of the Act for determining the Arms Length Price (ALP) in respect of the international transactions. The TPO vide order dated 30.01.2014 passed u/s 92CA of the Act concluded that adjustment of Rs.23,41,57,183/- was required to be made to the ALP determined by the assessee in respect of international transactions entered