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

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

section 92CA(1) of the Act in order to determine the Arm‟s Length Price (“ALP”) in respect of such international transactions. 2.2 The assessee undertook the following international transactions with its AEs during AY 2013-14 and benchmarked each transaction by selecting the Most Appropriate Method (“MAM”) mentioned in the table below: Sr. Nature of International Amount

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

In the result, the appeal of Revenue is dismissed

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

transfer pricing documentation, assessee applied filter to reject the companies having negative worth showing that the assessee has rejected companies whose capital has been eroded as a result of continuous losses, that persistent operating loss makers have been rejected by assessee on the most conservative approach and requested to include Mahindra Ashtec Limited and Artson Engineering Ltd. as comparables

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

In the result, the appeal of Revenue is dismissed

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

transfer pricing documentation, assessee applied filter to reject the companies having negative worth showing that the assessee has rejected companies whose capital has been eroded as a result of continuous losses, that persistent operating loss makers have been rejected by assessee on the most conservative approach and requested to include Mahindra Ashtec Limited and Artson Engineering Ltd. as comparables

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

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

section 92C(2) of the Act not warranting any transfer pricing addition. We, therefore, order to delete the addition of Rs.26.87 crore and odd. 36. No other ground was pressed by the ld. AR. Such grounds, therefore, stand dismissed. A.Y. 2015-16 : 37. The only issue pressed in this appeal raised through Ground Nos. 1 to 6 and additional ground

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

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

section 92C(2) of the Act not warranting any transfer pricing addition. We, therefore, order to delete the addition of Rs.26.87 crore and odd. 36. No other ground was pressed by the ld. AR. Such grounds, therefore, stand dismissed. A.Y. 2015-16 : 37. The only issue pressed in this appeal raised through Ground Nos. 1 to 6 and additional ground

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

145/-. Since there Prodair Air Products India Pvt. Ltd., [A] was International transactions with the Associated Enterprise (AE) the case was referred to Transfer Pricing Officer (TPO) who passed an order under section92CA(3) on 24/07/2021 proposing an adjustment of Rs.3,41,50,685/- to the International transaction of Payment of Interest to AE on the Loan taken from

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.

145, Samrat Ashoka Path, Off. Airport Road, Yerwada, Pune-411 014. PAN : AAECC4565H .......अपीलाथी / Appellant बनाम / V/s. The Assistant Commissioner of Income Tax (IT)-1, Pune. ……प्रत्यथी / Respondent Assessee by : Shri Rajendra Agiwal Revenue by : Shri Rajiv Kumar सुनवाई की तारीख / Date of Hearing : 01.12.2021 घोषणा की तारीख / Date of Pronouncement : 06.12.2021 आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM: This

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

transfer pricing study report of assessee that the assessee had benchmarked international transactions by applying TNMM method as most appropriate method and PLI of assessee was shown at 16.72%, as against average PLI of the comparables at 2.77%. It was thus, concluded by the assessee that international transactions were at arm's length price. The TPO then analyzed the working

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

RAJKAMAL STONE METAL WORKS,AMBEGAON KHURD, DIST. PUNE vs. ACIT CIRCLE 5 PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2017-18

price by passing necessary journal entries. 5. However, the Assessing Officer was not satisfied with the arguments of the assessee. He noted that the assessee firm and the sister concern has purchased the lands for business purpose. However, as no business was carried on in these lands, the same was transferred to the partners which amounts to a transfer resulting

ACIT, CENTRAL CIRCLE-1, NASHIK, NASHIK vs. RAJENDRA RASIKLAL SHAH, NASHIK

In the result, the appeal of the Revenue is dismissed

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1015/Pun/2024 Assessment Year : 2013-14

price, the assessee had given up or 13 Rajendra Rasiklal Shah relinquished his right of specific performance and as consideration of relinquishing that right, the assessee was paid a sum of Rs. 6,00,000/-. The right, title and interest acquired under the agreement of sale clearly fall within the definition of capital asset (Section 2(14)). Instead of assigning

WOCKHARDT LIMITED,,AURANGABAD vs. ASSISTAMT COMMISSIONER OF INCOME TAX, CIRCLE -3,, AURANGABAD

In the result, the appeal filed by Revenue is partly allowed, the appeal filed by assessee is partly allowed and the CO filed by assessee is dismissed as withdrawn

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.775/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Acit, Circle-3, Aurangabad .......अऩीऱाथी / Appellant बिधम / V/S. Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M ……प्रत्यथी / Respondent आयकर अपीऱ सं. / Ita No.758/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......अऩीऱाथी / Appellant बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......Cross Objector बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019

Transfer Pricing Officer (TPO) of Rs.109,81,22,628/-, disallowance of excess claim of deduction u/s 80IC of Rs.9,61,86,526/-, disallowance under provisions of section 35(2AB) of Rs.65,55,77,068/-, disallowance of Freebies to Doctors of Rs.1,19,82,100/-, disallowance u/s CO No.43/PUN/2019 14A of Rs.78,87,413/- and disallowance of Provision for BDDR

DEPUTY COMMISSIONER OF INCOME TAX vs. M/S. ALFA LAVAL INDIA LTD.,, PUNE

Appeal of the Revenue is partly allowed for statistical purposes

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

145/- Disallowance out of IT Service 6,22,64,471/- charges Disallowance out of brokerage 1,86,000/- Out of depreciation 46,245/- Additional disallowance u/s.14A 21,32,932/- rw rule 8D 5 A.Y.2011-12 With the result, the Assessing Officer assessed the assessee’s total income at Rs.218,40,15,944/- as against its total returned income of Rs.195

KRISH WINES,JALGAON vs. ACIT CIRCLE 1,, JALGAON

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

section 145 of the Act and\nestimated the GP rate @ 10% by observing as under:\n“8.14 As already mentioned, the assessee was requested to furnish details of\nsales, purchases, gross profits, etc separately for country liquor and IMFL/Beer.\nIn spite of sufficient opportunity given, the assessee did not furnish the same,\nwhich is surprising. There seems to be absolutely