M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

75 taxmann.com 123. In this case, the Hon’ble Tribunal was dealing with a similar issue of allocation of common costs while arriving at segmental profit for the IT enabled services for the purpose of transfer pricing benchmarking under section

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

transfer pricing (‘TP’) adjustment of INR 75,00,000 to the income of the Appellant, by holding that the Appellant’s international transactions pertaining to interest on External Commercial Borrowing (‘ECB’) is not at arm’s length. Further, the Ld. DRP/Ld. ACIT/Ld. TPO while making adjustment on account of interest on ECB Loan erred in: a) Rejecting the benchmarking analysis

ASSISTANT COMMISSIONER OF INCOME TAX, PUNE vs. PIAGGIO VEHICLES PRIVATE LIMITED, BARAMATI

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

75,940/-. The case selected for limited scrutiny followed by validly serving the statutory notices u/s. 143(2) & 142(1) of the Income Tax Act, 1961 (the “Act”). Since the assessee entered into international transactions with its Associate Enterprises (AEs), reference was made to the Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act for determination

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. M/S. PIAGGIO VEHICLES PVT.LTD,, PUNE

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

75,940/-. The case selected for limited scrutiny followed by validly serving the statutory notices u/s. 143(2) & 142(1) of the Income Tax Act, 1961 (the “Act”). Since the assessee entered into international transactions with its Associate Enterprises (AEs), reference was made to the Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act for determination

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

75,950/-. The return has\nbeen processed by CPC u/s.143(1)(a) of the Act determining\nincome at Rs.724,67,72,290/-, after making two\nadjustments, firstly, denied deduction claimed u/s.80JJA at\nRs.60,72,090/- and also denied claim of deduction u/s.\n10AA at Rs.196,96,24,249/-, both on account of delay in\nfiling return of income.\nSubsequently, case

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

75,950/-. The return has\nbeen processed by CPC u/s.143(1)(a) of the Act determining\nincome at Rs.724,67,72,290/-,\nafter making two\nadjustments, firstly, denied deduction claimed u/s.80JJA at\nRs.60,72,090/- and also denied claim of deduction u/s.\n10AA at Rs.196,96,24,249/-,\nboth on account of delay in\nfiling return of income.\nSubsequently, case

M/S VODAFONE GLOBAL SERVICES P LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1),, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.660/Pun/2022 Assessment Year : 2018-19

Section 144B of the Income Tax Act, 1961. Consequently, the entire assessment deserves to be quashed. The Appellant craves leave to add to or alter, by deletion, substitution, modification or otherwise or amend or withdraw the Additional 3 M/s. Vodafone Global Services Private Limited Grounds of Appeal herein and to submit such statements, documents and papers as may be considered

B & R INDUSTRIAL AUTOMATION PVT. LTD.,PUNE vs. DCIT, CIRCLE 1(1), PUNE

Bench: SHRI VINAY BHAMORE (Judicial Member)

section 144C of the Act, ITA No.2469/PUN/2024 [A] dated 06.09.2024 emanating from Draft Assessment Order dated 22.12.2023. The Grounds of appeal raised by the Assessee are as under : “That on the facts and circumstances of the case and in law. 1 The impugned order of the learned AO pursuant to the directions of the Honorable DRP, erred in assessing

JADE GLOBAL SOFTWARE PRIVATE LIMITED,PUNE vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, PUNE

In the result, the Appeal of the Assessee is allowed for statistical purpose

section 144B of the Income Tax Act, 1961; dated 05.07.2024 for Assessment Year 2020-21. The assessee has raised the following grounds of appeal :\n\"1. Incorrect rejection of TP Study by the Transfer Pricing Officer.\n\n1.1 The TPO erred on facts and in law in rejecting the Transfer Pricing documentation (TP Study) maintained by the Assessee stating that

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

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

Price ('ALP') of the payment for services as 'NIL' by\ndisregarding the detailed benchmarking approach and the\nmethodology adopted by the Appellant in its TP documentation\nmaintained under section 92D of the Act read with Rule 10D of the\nIncome Tax Rules, 1962 ('Rules').\n8. Upholding/confirming the action of Ld. TPO, in going beyond\nthe scope under section 92CA

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

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

Transfer Pricing Officer (TPO) for\ndetermining the Arm's Length Price (ALP) of the international transactions. The\nTPO vide order dated 28.07.2021 passed u/s 92CA(3) of the Act proposed an\nupward adjustment of Rs.1,78,97,091/- to the international transactions relating to\nthe export of traded spares to the Associated Enterprises (AEs). Subsequently the\nAssessing Officer completed

JAGANNATH SAMBHAJI SATAV,PUNE vs. ITO WARD 12(4), PUNE, PUNE

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

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

75,000/- for transfer of inherited possessory rights. The assessee has brought on records such vital facts at the fag end of the year expecting the accept the versions of the assessee in a hastily manner. The same is not acceptable. During the entire course of assessment proceedings, the assessee preferred to remain silent. The undersigned had given ample

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

price bargained for. Nor has it any necessary reference to the market value of the capital asset which is the subject-matter of the transfer. The ratio of this decision was subsequently followed by the Hon'ble Supreme Court in the case of CIT v. Gillanders Arbuthnot & Co. [1973] 87 ITR 407. Therefore, the legal position that emerges from

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

price bargained for. Nor has it any necessary reference to the market value of the capital asset which is the subject-matter of the transfer. The ratio of this decision was subsequently followed by the Hon'ble Supreme Court in the case of CIT v. Gillanders Arbuthnot & Co. [1973] 87 ITR 407. Therefore, the legal position that emerges from

OPTIVA INDIA TECHNOLOGIES PVT. LTD.,,PUNE vs. ACIT, CIRCLE - 2,, PUNE

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.634/Pun/2022 Assessment Year : 2018-19

transfer pricing adjustment amounting to INR 6,58,00,557. 2 Optiva India Technologies Pvt. Ltd. Modification of existing quantitative filters / Application of new quantitative filters 2. On the facts and circumstances of the case, the Ld. AO/TPO erred in modifying the quantitative filters applied by the Appellant as well as introducing additional quantitative filters to modify

BANSAL LAND DEVELOPERS,PANVEL vs. INCOME-TAX OFFICER WARD 1, PANVEL

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

Price of the same is shown at Rs.1,24,07,367/- as pointed out by the Auditor in his Audit Report dated 13.10.2016. Please explain why the difference of Rs.38,69,867/- should not be included in your income as provided in section 43CA of the Income Tax Act.” 4. The assessee in response to the same filed the following

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

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

75,780/- in respect of import of traded spares and Rs.5,83,21,794/- in respect of payment of corporate guarantee fees) was proposed by the Ld. TPO vide his order dated 31.10.2019 passed u/s 92CA(3) of the Act. The Ld. Assessing Officer (“AO”) after incorporating the above transfer pricing adjustment completed the assessment u/s 143(3) r.w.s.144C

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

SONAL SANDEEP SATAV,PUNE vs. PCIT, PUNE-2, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

75,99,000/- Additions: 3,37,65,561/- Repayment: 1,18,39,000/- Closing Balance: 2,95,25,561/- Purpose of Loan: For trading in shares, Futures & Options Rate of Interest, TDS: As loan is taken from Husband, no interest is paid. ITR of Last 3 years: Attached Herewith." 4 ITA No.945/PUN/2024, AY 2018-19 3.4 On examination