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

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]

Section 271(l)(c) of the Act. 2. Brief facts of the case are that the appellant assessee company filed its return of income on 29/11/2016 declaring total income of Rs.18,28,30,770/-. The Assessing Officer(AO) issued notice u/s.143(2) dated 11/09/2017. The AO made a reference to the Transfer Pricing Officer (TPO). The TPO passed an order

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. KIMBERLY CLARK LEVER PVT. LTD.,, PUNE

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

section 92A of the Act as neither the Appellant nor any of the group entities participate in the capital or management of the third party vendors from whom raw material had been purchased during the year under consideration. Therefore, it is submitted that the lower authorities erred in rejecting the evidence, furnished by the Appellant, on the basis that

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED ( SUCCESSOR OF ARICENT TECHNOLOGIES HOLDINGS LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

155 before it came into force w.e.f. 01.04.2022, the petitioner-company is entitled for immunity from imposition of penalty under Section 270A of the Act though the proceedings against it were initiated for imposition of penalty. Moreover, while initiating the said proceedings vide order dated 22.09.2022, the Assessing Officer has failed to specify that which part of sub-Section

KIMBERLY CLARK LEVER PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

section 92A of the Act as neither the Appellant nor any of the group entities participate in the capital or management of the third party vendors from whom raw material had been purchased during the year under consideration. Therefore, it is submitted that the lower authorities erred in rejecting the evidence, furnished by the Appellant, on the basis that

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. KIMBERLY CLARK LEVER PVT. LTD.,, PUNE

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

section 92A of the Act as neither the Appellant nor any of the group entities participate in the capital or management of the third party vendors from whom raw material had been purchased during the year under consideration. Therefore, it is submitted that the lower authorities erred in rejecting the evidence, furnished by the Appellant, on the basis that

INCOME-TAX OFFICER vs. MAGIC SOFTWARE ENTERPRISES INDIA PVT. LTD.,, PUNE

In the result, cross objection filed by assessee is partly allowed for statistical purpose

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.1802/Pun/2013 "नधा"रण वष" / Assessment Year : 2008-09 Ito, Ward-11(1), Pune अपीलाथ"/Appellant ….

155 (Bombay)) (refer para 3(d) and 3(e), page 724 of the paper book) and Delhi High Court in case of CIT vs. Keihin Panalfa Ltd (ITA No. 11 of 2015) (refer para 12, page 734-735 of the paper book) stating that while determination of arm's length price under TNMM, adjustment can be made only on transactions

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE vs. FIAT INDIA AUTOMOBILES LTD,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

transfer pricing assessment proceedings in compliance to the TPO‟s direction. In this context, it was mentioned by the Ld. CIT (Appeals) that though the assessee has submitted average margins of the comparable companies incorrectly, the same cannot be considered to be a failure on assessee‟s part to disclose fully and truly material facts because what has been wrongly

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. FINOLEX CABLES LTD,, PUNE

In the result, appeal of the Revenue is partly allowed

Bench: Shri R.S. Syal, Hon. Vice-& Shri Partha Sarathi Chaudhury, Hon.Dcit, Circle-8, Vs M/S. Finolex Cables Ltd., Pune. 26/27, Mumbai Pune Road, Pimpri, Pune. Pan: Aaacf 2637 D Appellant/Revenue Respondent /Assessee Assessee By : Shrij.G. Pendse, Ar Revenue By : Shrim.M. Chate, Cit Dr Date Of Hearing : 24/05/2023 Date Of Pronouncement : 26/05/2023 Order Perpartha Sarathi Chaudhury, Jm: This Appeal Preferred By The Revenue Emanates From The Order Of Commissioner Of Income Tax (Appeals)-13, Pune, Dated 19.05.2022For A.Y.2013-14 As Per The Following Revised Grounds Of Appeal:- “1(A) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing The Claim Of The Assessee U/S 80Ic On Income Earned From Sale Of Scrap Without Appreciating The Fact That Assesses Itself Categorized Income Earned From Sale Of Scrap As Other Income In The Profit & Loss Statement Of Roorkee Unit Undertaking & The Same Is Not Derived From The Activities Of The Eligible Business. 1(B) Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A)Has Erred In Ignoring The Decision Of Hon'Ble Supreme Court In The Case Of Liberty India Vs. Cit (2009) 317 Itr 218 (Sc) Wherein The Words "Derived From' Is Explained? 1(C) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Allowing The Claim Of The Assessee U/S 80Ic On Sale Of Scrap, Relying On The Decision Of The Hon'Ble Madras High Court In The Case Of M/S Fenner India Ltd. (241 Itr 803) Without Appreciating The Facts That The Same Has Been M/S. Finolex Cables Ltd.

Transfer Pricing Adjustment Rs. 2,56,70,426/- Aggrieved by the order of the Assessing Officer (AO), the assessee went on appeal before the ld. CIT(A), who vide its order dated 19/05/2022, partly allowed the appeal of the assessee. Being aggrieved with the decision of the ld. CIT(A), the Revenue has preferred this appeal before

SAKAL PAPER LTD.,,PUNE vs. ACIT, CIR.-6,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.725/Pun/2008 यििाारण वषा / Assessment Year : 2005-06 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-6, Pune …. Vs. Sakal Papers Ltd., 595, Budhawar Peth, …. प्रत्यथी / Respondent Pune – 411002 Pan: Aaccs7605Q

section 155, grant the appellant the relief of rectification of the shares as claimed. Although the logical conclusion of our findings would be to set aside the transfers and restore the status quo ante, the question is should the share register of the company be directed to be rectified now in respect of shares, the impugned transfer of which took

ACIT, CIR.-6., PUNE vs. SAKAL PAPER LTD.,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.725/Pun/2008 यििाारण वषा / Assessment Year : 2005-06 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-6, Pune …. Vs. Sakal Papers Ltd., 595, Budhawar Peth, …. प्रत्यथी / Respondent Pune – 411002 Pan: Aaccs7605Q

section 155, grant the appellant the relief of rectification of the shares as claimed. Although the logical conclusion of our findings would be to set aside the transfers and restore the status quo ante, the question is should the share register of the company be directed to be rectified now in respect of shares, the impugned transfer of which took

RIETER MACHINE WORKS LTD,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX (IT), CIR-2, PUNE

In the result, the appeal is dismissed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.19/Pun/2021 िनधा"रण वष" / Assessment Year : 2016-17 Rieter Machine Works Limited, Vs. Acit (International Taxation), C/O. Rieter India Private Limited, Circle-2, Pune 306-308, 3Rd Floor, Western Wing (A-2),Nyati Unitree, Samrat Ashok Road, Yerwada, Pune – 411 006 Pan : Aadcr1340N Appellant Respondent

price to the Indian entity, as has been tried to be projected but which is not actually the true state of affairs as has transpired from the above discussion, it would have satisfied this condition. 12. Now we move on to the second Table of the `IT Cost Reimbursement’ given on page 489 of the Paper book. This table deals

SANDVIK ASIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.607/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle – 10, Pune …. Vs. M/S. Sandvik Asia Pvt. Ltd., Mumbai-Pune Highway, Dapodi, …. प्रत्यथी / Respondent Pune - 411012 Pan: Aaccs6638K

Transfer Pricing Officer (TPO) under section 92CA(1) of the Act and the TPO passed the order under section 92CA(3) of the Act, dated 29.01.2013, wherein he proposed an upward adjustment of ₹ 56,12,71,932/- in respect of distribution segment, ₹ 12,42,71,340/- in respect of Management service fees payment and ₹ 39,72,50,242/-, totaled

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SANDVIK ASIA PVT. LTD.,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.607/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle – 10, Pune …. Vs. M/S. Sandvik Asia Pvt. Ltd., Mumbai-Pune Highway, Dapodi, …. प्रत्यथी / Respondent Pune - 411012 Pan: Aaccs6638K

Transfer Pricing Officer (TPO) under section 92CA(1) of the Act and the TPO passed the order under section 92CA(3) of the Act, dated 29.01.2013, wherein he proposed an upward adjustment of ₹ 56,12,71,932/- in respect of distribution segment, ₹ 12,42,71,340/- in respect of Management service fees payment and ₹ 39,72,50,242/-, totaled

M/S. EATON INDUSTRIAL SYSTEMS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.536/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 M/S. Eaton Industrial Systems Pvt. Ltd., 145, Off Mumbai Pune Road, अऩीऱाथी/Appellant Pimpri, Pune – 411018 …. Pan: Aabce4955C Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

Transfer Pricing Officer (TPO) under section 92CA(1) of the Act, who in turn, passed order under section 92CA(3) of the Act, dated 28.01.2013 proposing an upward adjustment of ₹ 21,36,68,000/- to the international transactions of manufacturing business in respect of the truck components unit and an adjustment of ₹ 77,78,613/- to the international transactions

M/S. EATON FLUID POWER LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is partly allowed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No. 535/Pun/2014 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2009-10 वष"

Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act, who in turn, passed an order dated 24-01-2013 u/s. 92CA(3) of the Act, proposing total adjustments of Rs.344,308,840/-. The AO thereafter, passed draft assessment order dated 26-03-2013 u/s.143(3) r.w.s. 144C(1) of the Act. Ld. AR for the assessee referring

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

Transfer Pricing Officer, where the assessee had maintained 13 ITA.Nos.1939 & 1940/PUN./2024 information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB. (7) The penalty referred to in sub-section (1) shall

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

Transfer Pricing Officer, where the assessee had maintained 13 ITA.Nos.1939 & 1940/PUN./2024 information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB. (7) The penalty referred to in sub-section (1) shall