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

297/-. The appellant company also reported the following international transactions within the meaning of section 92B of the Act: Sr. No. Nature of Transactions Amount of MAM Transactions 1 Purchase of raw materials, spare 75,45,92,737 TNMM (for the parts & consumables material imported from AE’s only) 2 Purchase of finished goods 19,61,95,142 TNMM

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

297/-. The appellant company also reported the following international transactions within the meaning of section 92B of the Act: Sr. No. Nature of Transactions Amount of MAM Transactions 1 Purchase of raw materials, spare 75,45,92,737 TNMM (for the parts & consumables material imported from AE’s only) 2 Purchase of finished goods 19,61,95,142 TNMM

REHAU POLYMERS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

Bench: Shri R. K. Panda & Shri Vinay Bhamore

section 92C(1) of the Act. If the ALP is determined by TPO by not applying any method at all or by choosing a method which is not prescribed u/s.92C(1) of the Act, then such a determination of ALP frustrates the transfer pricing addition. Since the methods prescribed for determining the ALP are statutory prescription, it is absolutely essential

GOODYEAR SOUTH ASIA TYRES PRIVATE LIMITED,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, AURANGABAD

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1068/Pun/2016 यििाारण वषा / Assessment Year : 2011-12

transfer pricing adjustment made on account of payment of Regional Service Charges (RSC). The assessee was engaged in the manufacturing of tyres. In the TP study report, the assessee had aggregated most of the international transactions and applied TNMM method. The transactions relating to sale of machinery and 12 payment of technical and license fees were benchmarked using CUP method

GOODYEAR SOUTH ASIA TYRES PRIVATE LTD.,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, AURANGABAD

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1068/Pun/2016 यििाारण वषा / Assessment Year : 2011-12

transfer pricing adjustment made on account of payment of Regional Service Charges (RSC). The assessee was engaged in the manufacturing of tyres. In the TP study report, the assessee had aggregated most of the international transactions and applied TNMM method. The transactions relating to sale of machinery and 12 payment of technical and license fees were benchmarked using CUP method

NAV MAHARASHTRA CHAKAN OIL MILLS LTD,PUNE vs. INCOME TAX OFFICER, WARD-2(4), PUNE, PUNE

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1871 & 1872/Pun/2024 िनधा"रण वष" / Assessment Years: 2013-14 & 2014-15 Nav Maharashtra Chakan Oil V The Income Tax Officer, Mills Limited, S Ward-2(4), Pune. 43, Nav Maharashtra House, Near Shaniwar Wada, Shaniwar Peth, Pune – 411030. Pan: Aaacn9941J Appellant / Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Advocate Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 16/10/2024 Date Of Pronouncement 22/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Are Two Appeals Filed By The Assessee Against The Two Separate Orders Of Ld.Commissioner Of Income Tax(Appeal), Pune Dated 27.07.2022 & 20.11.2023 For A.Y.2013-14 & 2014-15 Respectively. Since The Issue Involved Is Common, Both These Appeals Were Heard Together & Decided By The Common Order.

Section 250(6) of the Act, ld.CIT(A) has to state the points for determination and the reasons for his decision, meaning thereby ld.CIT(A) has to discuss the merits of the addition. In this case, assessee has raised the issue that Specified Domestic Transactions u/sec.92BA were excluded by Finance Act, 2017. Admittedly, the Transfer Pricing Adjustments are only with

NAV MAHARASHTRA CHAKAN OIL MILLS LTD.,PUNE vs. ITO WARD 2(4) PUNE, PUNE

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1871 & 1872/Pun/2024 िनधा"रण वष" / Assessment Years: 2013-14 & 2014-15 Nav Maharashtra Chakan Oil V The Income Tax Officer, Mills Limited, S Ward-2(4), Pune. 43, Nav Maharashtra House, Near Shaniwar Wada, Shaniwar Peth, Pune – 411030. Pan: Aaacn9941J Appellant / Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Advocate Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 16/10/2024 Date Of Pronouncement 22/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Are Two Appeals Filed By The Assessee Against The Two Separate Orders Of Ld.Commissioner Of Income Tax(Appeal), Pune Dated 27.07.2022 & 20.11.2023 For A.Y.2013-14 & 2014-15 Respectively. Since The Issue Involved Is Common, Both These Appeals Were Heard Together & Decided By The Common Order.

Section 250(6) of the Act, ld.CIT(A) has to state the points for determination and the reasons for his decision, meaning thereby ld.CIT(A) has to discuss the merits of the addition. In this case, assessee has raised the issue that Specified Domestic Transactions u/sec.92BA were excluded by Finance Act, 2017. Admittedly, the Transfer Pricing Adjustments are only with

AKZONOBEL CHEMICALS (INDIA) LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1225/Pun/2015 यििाारण वषा / Assessment Year : 2010-11 Akzo Nobel Chemicals (India) Ltd. (Merged With Akzo Nobel India Limited W.E.F. May 18, 2012] Tellus Building, 2Nd Floor, 209/1B/1A, Range Hills, अऩीऱाथी/Appellant Pune – 411020 …. Pan: Aadca3941N Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(1), Pune

Transfer Pricing Officer (TPO), specific query in this regard was raised by the TPO and complete details were filed along with copy of the order of Hon’ble High Court sanctioning the scheme of amalgamation and also scheme of amalgamation which are placed at pages 268 to 296 of Paper Book along with covering letter at page

DINAR UMESHKUMAR MORE,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

price on that date. 10. However, to avoid misuse of this beneficial provision, second proviso to section 50C(1) categorically provides that the first proviso shall apply only when the amount of consideration or part thereto was received through banking channel on or before the date 11 Dinar Umeshkumar More of agreement for transfer . In order to circumvent a situation

MAHLE BEHR INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Transfer Pricing Officer (TPO) for determining the arm's length price (ALP) of the international transactions. The TPO accepted the transaction of Payment of R&D expenses at ALP. In the computation of total income, the assessee had claimed weighted deduction u/s.35(2AB) of the Act amounting to Rs.26,73,42,263/- on Research and development expenses. The assessee

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

297 of Halsbury's Laws of England, Fourth Edition, the rule of per incuriam is stated as follows "A decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a court of coordinate jurisdiction which covered the case before it, in which case it must be decided which case

YORK TRANSPORT EQUIPMENT (INDIA) PRIVATE LIMITED,PUNE vs. INCOME-TAX OFFICER, WARD 10(1), PUNE, PUNE

In the result, the appeal filed by the assessee stands partly allowed for statistical purpose

Bench: Shri Inturi Rama Rao & Ms. Astha Chandraआयकर अपील सं. / Ita No.125/Pun/2024 "नधा"रण वष" Assessment Year : 2015-16

section 12A(1)(ac)(iii) of the Act of 1961 and as it was not served with any notice. Therefore, he would be entitled to file his reply and the Department would of course be entitled to examine the same and pass a fresh order thereafter. 10. In view of the above, the writ petition is allowed and the order

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

297/-. Resultantly, no weighted deduction is admissible in respect of expenditure incurred outside India amounting to Rs.9,61,80,237/-. 16. At this juncture, it is pertinent to note the mandate of section 35 with the caption Expenditure on scientific research Clause (iv) of section 35(1) provides for deduction of expenditure on scientific nature "in respect of any expenditure

DCIT CIRCLE 8 , PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

297/-. Resultantly, no weighted deduction is admissible in respect of expenditure incurred outside India amounting to Rs.9,61,80,237/-. 16. At this juncture, it is pertinent to note the mandate of section 35 with the caption Expenditure on scientific research Clause (iv) of section 35(1) provides for deduction of expenditure on scientific nature "in respect of any expenditure

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

297/-. Resultantly, no weighted deduction is admissible in respect of expenditure incurred outside India amounting to Rs.9,61,80,237/-. 16. At this juncture, it is pertinent to note the mandate of section 35 with the caption Expenditure on scientific research Clause (iv) of section 35(1) provides for deduction of expenditure on scientific nature "in respect of any expenditure

DCIT, CIRCLE-8, PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD., PUNE

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

297/-. Resultantly, no weighted deduction is admissible in respect of expenditure incurred outside India amounting to Rs.9,61,80,237/-. 16. At this juncture, it is pertinent to note the mandate of section 35 with the caption Expenditure on scientific research Clause (iv) of section 35(1) provides for deduction of expenditure on scientific nature "in respect of any expenditure

GRANT MEDICAL FOUNDATION,PUNE vs. INCOME TAX OFFICE, EXEMPTION CIRCLE, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

297 (SC) ii) CIT v. Caixa Economica De Goa [1994] 210 ITR 719 (Bombay) c) However, if any benefit is claimed by the assessee which could be requested through any alternate remedy, he/she/it should be advised to adopt/explore alternate mechanism under section 119 or any other provisions available as propounded in the case of Hon'ble Apex court

MAN TRUCK & BUS INDIA PRIVATE LIMITED,PUNE vs. DCIT, CIRCLE 7, PUNE

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

Bench: Dr. Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.814/Pun/2025 धििाारण वषा / Assessment Year: 2018-2019 Vs Dcit, Circle 7, Man Truck & Bus India Private Limited, Pune Level 3, Malpani Agile,Pan Card Club Road, Baner, Pune-411045 Maharashtra Pan-Aaecm6932E Appellant Respondent

transfer pricing adjustment of INR 33,03,75,100 wahout appreciating that the same is not sustainabile owing to the Unilateral Advance Pricing Agreement (APA) executed by the Appellant with the CBDT on 21 December 2021 and the modified return of income fled by the Appellant on 31 March 2022. 3. On the facts and in the circumstances