JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

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

In the result, the appeal for the A

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

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

In the result, the appeal for the A

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

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

In the result, the appeal for the A

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

DEPUTY COMMSSIONER OF INCOME-TAX,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD.,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita. No.342/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

256 vested in High Court of Bombay and not the High Court of Delhi. It further observed that transfer of assessment cases of the assessee under section 127(1) for some years other than the year in question has no relevance or bearing on territorial jurisdictional competence. In deciding so, it was also observed that the: `decisions of the High

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

transfer pricing proceedings and requested for adjustment citing it as extra ordinary expenses, by comparing it with scraps percentage of other comparables. The TPO has stated that similarity in level of specific expenses is not required under TNMM. Only extra ordinary nature of expenses can be adjusted and such adjustment is to be carried out in the hand of comparables

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. HYUNDAI CONSTRUCTION EQUIPMENT (I) PVT. LTD.,, PUNE

Appeal is dismissed

section 271(1)(c) of the Act, without considering the fact that, adjustment to transfer price is on account of difference of opinion which has consequently resulted in adjustment to the income of the Appellant. Additional grounds of appeal 6 JCB India Limited, not a comparable company Based on the facts and circumstances of the case, JCB India Limited

M/S. HYUNDAI CONSTRUCTION EQUIPMENT INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

Appeal is dismissed

section 271(1)(c) of the Act, without considering the fact that, adjustment to transfer price is on account of difference of opinion which has consequently resulted in adjustment to the income of the Appellant. Additional grounds of appeal 6 JCB India Limited, not a comparable company Based on the facts and circumstances of the case, JCB India Limited

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 ….

1, the Ld. Counsel for the assessee submitted that the TPO/AO quantified the adjustment on the entire operating cost which also includes the cost incurred in providing services to the third parties i.e. non-AEs and the trading license. In this regard, he brought our attention to the contents of Page 15 of the paper book where computation

RANAJIT SURESH RAJAMANE,SOLAPUR vs. ITO, WARD 1, PANDHARPUR, PANDHARPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1678/Pun/2024 धििाारण वर्ा / Assessment Year: 2014-15 Ranajit Suresh Rajamane, Vs Ito Ward 1, Shukrawar Peth, Pandharpur Tembhurni Madha Solapur- 413211 Maharashtra Pan-Bmepr3878N Appellant Respondent

256 ITR 282/122 Taxman 509 (Mad) 4. CIT v. Ram Gopal (2015) 372 ITR 498/230 Taxman 205/55 taxmann.com 536 (Delhi) 5. Balraj V C77 [2002] 254 ITR 22/123 Tasman 290 (Delhi) 6. CIT. R.1. Sood (2000) 245 ITR 727/108 Tasman 227 (Delhi) 7. CIT v. Dr. Laxmichand Narpal Nagda, [1995] 211 ITR 804/78 Taxman 219 (Bom.) 8. CIT v. Shahajada

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. VISTA NIRMAN PVT. LTD., MUMBAI

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2011-12

transfer pricing adjustment. It is hereby informed that the Board has accepted the decision of the High Court of Bombay in the above mentioned Writ Petition. In view of the acceptance of the above judgment, it is directed that the ratio decidenal of the judgment must be adhered to by the field officers in all cases where this issue

MUZAFFER MAHMOOD KHAN,,AURANGABAD vs. PR. COMMISSIONER OF INCOME-TAX -2,, AURANGABAD

In the result, the appeal of assessee is dismissed

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravi

price the Pr. CIT- 2, Aurangabad held the AO should have verified the issue by examining the flats nearby, and he held the assessment order passed u/s. 143(3) of the Act is erroneous and prejudicial to the interest of revenue. 6. Having aggrieved, the assessee is now before us challenging the action of Pr. CIT in holding the assessment

DEPUTU COMMISSIONER OF INCOME-TAX vs. ENDURANCE TECHNOLOGIES PVT. LTD.,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

transfer of the commodity or scripts. ITA Nos. 2016 & 1694/PN/2017 A.Y. 2010-11 to 2012-13, Endurance Technologies Pvt. Ltd., Provided that for the purpose of this clause- (a) a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or Merchanting business to guard against loss through future price fluctuations

ASSISTANT COMMISSIONER OF INCOME-TAX vs. ENDURANCE TECHNOLOGIES PVT. LTD.,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

transfer of the commodity or scripts. ITA Nos. 2016 & 1694/PN/2017 A.Y. 2010-11 to 2012-13, Endurance Technologies Pvt. Ltd., Provided that for the purpose of this clause- (a) a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or Merchanting business to guard against loss through future price fluctuations

DEPUTY COMMISSSIONER OF INCOME TAX, CIRCLE -1,, AURANGABAD vs. ENDURANCE TECHNOLOGIES PVT. LTD,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

transfer of the commodity or scripts. ITA Nos. 2016 & 1694/PN/2017 A.Y. 2010-11 to 2012-13, Endurance Technologies Pvt. Ltd., Provided that for the purpose of this clause- (a) a contract in respect of raw materials or merchandise entered into by a person in the course of his manufacturing or Merchanting business to guard against loss through future price fluctuations

KAPIL ALCOTECH LLP,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 1, AURANGABAD

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

256 1,31,730.00 61,300.00 70,430.00 01/04/2019 Good Drop Wine Cellers Pvt Ltd Journal 253 90,606.00 90,606.00 01/04/2019 FARTELLI WINES PVT LTD Journal 127 86,753.00 86,753.00 01/04/2019 United Breweries Limited Journal 120 - 3,12,889.40 (3,12,889.40) Round Off (6.60) Grand Total 21. Although the assessee had given detailed submission before