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102 results for “transfer pricing”+ Section 40Aclear

Sorted by relevance

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Key Topics

Addition to Income65Section 12A36Section 14A35Section 37(1)35Deduction34Section 143(3)31Section 10(20)24Section 1124Section 92B20Section 40A(2)(a)

UTTAM ENERGY LIMITED,PUNE vs. ACIT CIRCLE-12, PUNE

Appeal of the Assessee is partly allowed

ITA 2033/PUN/2019[2015-16]Status: DisposedITAT Pune30 May 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2033/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Uttam Energy Limited, The Acit, Circle-12, Mahendra Chamber, Mayfair V Pune. Co-Op Housing Society, S A-4, Dhole Patil Road, Pune – 411001. Pan: Aabcu4100H Appellant/ Revenue Respondent /Assessee Assessee By Shri Ch Naniwadekar & Kiran Sanmane – Ar;S Revenue By Shri Deepak Garg – Cit Date Of Hearing 16/05/2024 Date Of Pronouncement 30/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Has Been Filed By The Assessee Against The Final Assessment Order Of The Learned Acit, Circle-12, Pune Passed U/Sec. 143(3) R.W.S. 144C(13) Of The Of The Income Tax Act, 1961 (In Short "The Act") After Giving Effect To The Learned Drp’S Order Dated 24.09.2019. 1.1 The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 153Section 153(1)Section 40A(2)(b)Section 92BSection 92C

section 40A(2)(b) of the Act.’ Therefore, the Ld.AR pleaded that the reference and the Transfer Pricing order was void

Showing 1–20 of 102 · Page 1 of 6

19
Disallowance17
Transfer Pricing12

ADIENT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

ITA 2986/PUN/2017[2013-14]Status: DisposedITAT Pune31 May 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Adient India Private Limited Vs. Dcit, Plot No.1, S No.235 & 245, Circle-1(1), Pune Hinjewadi, Tal-Mulshi, Pune - 411057 Pan : Aaact6342D Appellant Respondent Assessee By Shri Dhanesh Bafna Revenue By S/Shri Kalika Singh & Madhavan A.M. Krishnan Date Of Hearing 27-05-2021 Date Of Pronouncement 31-05-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 27-10-2017 Passed By The Assessing Officer (Ao) U/S.143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (Hereinafter Also Called ‗The Act‘) In Relation To The Assessment Year 2013-14. 2. The Only Issue Raised In This Appeal Is Against Transfer Pricing Addition Of Rs.5,95,39,429. Succinctly, The Factual Matrix Of The Case Is That The Assessee Was Earlier A 50:50 Joint

Section 143(3)Section 144C(13)

section 40A(2) disallowance cases within the purview of the transfer pricing provisions. Section 40A(2) simply provides for making

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

In the result, the appeal is partly allowed

ITA 473/PUN/2018[2013-14]Status: DisposedITAT Pune25 Feb 2021AY 2013-14

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.473/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 143(3)Section 92C

transfer pricing addition by the AO in the impugned order. 17.3. We have heard the rival submissions and gone through the relevant material on record. It is seen that the assessee claimed to have incurred Rs.11.71 crore to Dana Corporation, USA for receipt of Sales, General and Administration services. The TPO determined Nil ALP primarily on the ground that

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 8, PUNE vs. SPICER INDIA PVT. LTD, PUNE

In the result, the appeal of Revenue is dismissed

ITA 580/PUN/2020[2015-16]Status: DisposedITAT Pune03 Jun 2021AY 2015-16

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

For Appellant: Shri R.D. OnkarFor Respondent: Shri Kalika Singh
Section 37Section 37(1)Section 40A(2)(b)Section 92C

pricing provisions are wider than not only section 37 but also section 40A(2)(b) of the Act. Further, he submits that section 37(1) of the Act only requires that the expenditure should be incurred wholly exclusively for the purpose of business but the transfer

YAZAKI INDIA P LTD., (FORMERLY KNOWN AS YAZAKI (I) LTD.,),PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal is partly allowed

ITA 621/PUN/2014[2009-10]Status: DisposedITAT Pune11 Jul 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.621/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

Section 143(3)Section 40A(2)(a)

section 40A(2)(a) of the Act. Ergo, we order to delete the addition of Rs.2,96,50,650/- made on this score. This ground is allowed. 10 Yazaki India Private Limited 9. The next issue concerns the transfer pricing

INCOME TAX OFFICER WARD 1 JALNA, JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED, JALNA

In the result, both the appeals filed by the Revenue are dismissed

ITA 2285/PUN/2024[2013]Status: DisposedITAT Pune26 Sept 2025

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

For Appellant: Shri J P BairagraFor Respondent: Shri Basavaraj Hiremeth, Addl CIT
Section 143(2)Section 40A(2)(a)Section 92A(2)(a)Section 92BSection 92C

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

INCOME TAX OFFICER , JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED , JALNA

In the result, both the appeals filed by the Revenue are dismissed

ITA 685/PUN/2025[2013]Status: DisposedITAT Pune26 Sept 2025

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

For Appellant: Shri J P BairagraFor Respondent: Shri Basavaraj Hiremeth, Addl CIT
Section 143(2)Section 40A(2)(a)Section 92A(2)(a)Section 92BSection 92C

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

DEPUTY COMMISSIONER OF INCOME-TAX vs. RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 834/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

section 40A(2)(a) i.e. purchase of gold bullion and gold ornaments from the sister concerns by paying higher price. The other income shown by the appellant will remain unchanged. The other confirmed additions will not be affected.” 18. The assessee has assailed the G.P. estimated by Commissioner of Income Tax (Appeal) being on the higher side. As against

RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,, JALGAON

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 672/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

section 40A(2)(a) i.e. purchase of gold bullion and gold ornaments from the sister concerns by paying higher price. The other income shown by the appellant will remain unchanged. The other confirmed additions will not be affected.” 18. The assessee has assailed the G.P. estimated by Commissioner of Income Tax (Appeal) being on the higher side. As against

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. RAJMAL LAKHICHAND,,

In the result, appeal of the Department is dismissed

ITA 832/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

section 40A(2)(a) and estimated GP @0.90% of the total sale as per audited accounts. 21. We find that identical disallowances u/s.40A(2)(a) was made by the Assessing Officer in assessee‟s own case in assessment year 2010-11. The Co-ordinate Bench of the Tribunal, after taking into consideration entire facts of the case concluded that

M/S. RAJMAL LAKHICHAND vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Department is dismissed

ITA 670/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

section 40A(2)(a) and estimated GP @0.90% of the total sale as per audited accounts. 21. We find that identical disallowances u/s.40A(2)(a) was made by the Assessing Officer in assessee‟s own case in assessment year 2010-11. The Co-ordinate Bench of the Tribunal, after taking into consideration entire facts of the case concluded that

M/S. RAJMAL LAKHICHAND & SONS vs. JOINT COMMISSINER OF INCOME-TAX,,

Appeal is dismissed

ITA 1360/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

transferred profits to the sister concerns by paying a higher price for purchases and charging a lower price for the sales effected to sister concerns he submitted that this finding is also wrong. Referring to page 52 of Paper Book 1, he drew the attention of the Bench to the chart giving the details of sales of bullion effected

DEPUTY COMMISSIONER OF INCOME-TAX ,, JALGAON vs. M/S. RAJMAL LAKHICHAND & SONS,,

Appeal is dismissed

ITA 1547/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

transferred profits to the sister concerns by paying a higher price for purchases and charging a lower price for the sales effected to sister concerns he submitted that this finding is also wrong. Referring to page 52 of Paper Book 1, he drew the attention of the Bench to the chart giving the details of sales of bullion effected

P.N.GADGIL JEWELLERS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the appeal of assessee is partly allowed

ITA 1891/PUN/2018[2014-15]Status: DisposedITAT Pune04 Sept 2019AY 2014-15

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1891/Pun/2018 यििाारण वषा / Assessment Year : 2014-15

For Appellant: S/Shri M.P. Lohia and Rajendra AgiwalFor Respondent: Shri Amol Kamat
Section 143(3)Section 234ASection 92C

section 40A(2) of the Act and was to be considered for benchmarking. The TPO also observed that though the assessee had shown the above said purchases from the firm and had benchmarked by applying CUP method as most appropriate method; however, the assessee had not justified the transaction and the method in TP study report and the subsequent submissions

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

ITA 1871/PUN/2024[2013-14]Status: DisposedITAT Pune22 Oct 2024AY 2013-14

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)Section 92B

section 92BA read with 40A(2)(b) in respect of which TP Adjustment made by the learned TPO/AO and since the transfer pricing

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

ITA 1872/PUN/2024[2014-15]Status: DisposedITAT Pune22 Oct 2024AY 2014-15

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)Section 92B

section 92BA read with 40A(2)(b) in respect of which TP Adjustment made by the learned TPO/AO and since the transfer pricing

M/S. RAJMAL LAKHICHAND AND SONS vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue is dismissed

ITA 1000/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

40A(2)(a) by observing as under : “21. We find that identical disallowances u/s.40A(2)(a) was made by the Assessing Officer in assessee’s own case in assessment year 2010-11. The Co-ordinate Bench of the Tribunal, after taking into consideration entire facts of the case concluded that the average price formula adopted by Assessing Officer and Commissioner

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. R.L. GOLD PVT. LTD.,, JALGAON

In the result, the appeal of the Revenue is dismissed

ITA 1069/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

40A(2)(a) by observing as under : “21. We find that identical disallowances u/s.40A(2)(a) was made by the Assessing Officer in assessee’s own case in assessment year 2010-11. The Co-ordinate Bench of the Tribunal, after taking into consideration entire facts of the case concluded that the average price formula adopted by Assessing Officer and Commissioner

R.L. GOLD PVT. LTD. vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the Revenue is dismissed

ITA 1001/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

40A(2)(a) by observing as under : “21. We find that identical disallowances u/s.40A(2)(a) was made by the Assessing Officer in assessee’s own case in assessment year 2010-11. The Co-ordinate Bench of the Tribunal, after taking into consideration entire facts of the case concluded that the average price formula adopted by Assessing Officer and Commissioner

M/S. JYOTI PAPER UDYOG LTD,NASHIK vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, NASHIK

In the result, appeal of the assessee is allowed

ITA 702/PUN/2023[2013-14]Status: DisposedITAT Pune20 Sept 2023AY 2013-14

Bench: Shri R.S. Syal, Hon. Vice- & Shri Partha Sarathi Chaudhury, Hon.M/S. Jyoti Paper Udyog Ltd., Vs Acit, Circle-1, Plot No.B67, Nice, Midc Nashik. Satpur, Nashik – 422 007 Pan: Aaacj 7288 E Appellant Respondent Assessee By : Shri Sanket M. Joshi, Ca Revenue By : Shri Ramnath P Murkunde, Dr Date Of Hearing : 06/09/2023 Date Of Pronouncement : 20/09/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 28.04.2023 For A.Y.2013-14 As Per The Grounds Of Appeal On Record.

For Appellant: Shri Sanket M. Joshi, CAFor Respondent: Shri Ramnath P Murkunde, DR
Section 271ASection 273BSection 40A(2)Section 40A(2)(b)Section 92CSection 92DSection 92E

40A(2) would not be attracted. Accordingly, considering the intention of Legislature behind bringing the specified domestic transactions within the ambit of Transfer Pricing Regulations, in my opinion, the provisions of section