KOTARI SRINIVASA RAO, ,UNDRAJAVARAM MANDALAM vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, , RAJAHMUNDRY

In the result, additional ground raised is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.335/Viz/2019 (ननधधारण वर्ा / Assessment Year : 2014-15) Kotari Srinivasa Rao Vs. Principal Commissioner Of D.No.1-91, Canal Road Income Tax Velivennu Rajahmundry Undrajavaram Mandal West Godavari Dist. [Pan : Apjpk9870N] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

disallowance on account of unverifiable expenditure under the heads “freight”, “oil & petrol” “salaries & wages” etc. 3. Under the powers vested with the PCIT u/s 263 of the Act, the assessment records were called for and after careful examination of the assessment records, the Ld.Pr.CIT held that the assessment order dated 29.06.2016 passed is not only erroneous but also prejudicial

TEEJAY INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM

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

Bench: Shri Vijay Pal Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.340/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2020-21) & S.A. No. 15/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2020-21) Teejay India Private Limited, Vs. Deputy Commissioner Of Plot No. 15, Brandix, Apsez, Income Tax, Pudimadaka Road, Atchutapuram Circle-5(1), Mandal, Visakhapatnam-530011. Visakhapatnam. Pan: Aaaco9452H (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

transfer price of the appellant’s international transactions of Rs. 24,84,58,065/- in respect of payment of royalty, Rs. 40,49,995/- in respect of payment of interest on ECB and Rs. 5,57,443/- on account of imputation of notional interest on outstanding receivables. Further, the Ld. AO and the Ld. DRP erred in disallowing

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , VISAKHAPATNAM vs. SRI VIJAYA VISAKHA MILK PRODUCERS COMPANY LIMITED, , VISAKHAPATNAM

In the result, Cross Objections filed by the assessee are dismissed as infructuous

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos. 243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13) Assistant Commissioner Of Vs. M/S. Sri Vijaya Visakha Milk Income Tax, Producers Company Limited, Central Circle-2, Visakhapatnam. Visakhapatnam. Pan: Aajcs 7398 P (अपीलाथ"/ Appellant) (""यथ"/ Respondent) Co Nos. 18 & 19/Viz/2023 (In आयकरअपीलसं./ I.T.A. No.243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13)

disallowed and added back Rs. 1,65,72,145/- to the total income of the assessee. Further, on verification of the submissions, the Ld. AO also noticed that the assessee company 5 has debited an amount of Rs. 146,06,81,638/- to the P & L Account towards withheld price against the procurement of milk and kept the said amount

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, VISAKHAPATNAM vs. SRI VIJAYA VISAKHA MILK PRODUCERS COMPANY LIMITED,, VISAKHAPATNAM

In the result, Cross Objections filed by the assessee are dismissed as infructuous

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos. 243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13) Assistant Commissioner Of Vs. M/S. Sri Vijaya Visakha Milk Income Tax, Producers Company Limited, Central Circle-2, Visakhapatnam. Visakhapatnam. Pan: Aajcs 7398 P (अपीलाथ"/ Appellant) (""यथ"/ Respondent) Co Nos. 18 & 19/Viz/2023 (In आयकरअपीलसं./ I.T.A. No.243 & 244/Viz/2020 ("नधा"रणवष"/ Assessment Year : 2011-12 & 2012-13)

disallowed and added back Rs. 1,65,72,145/- to the total income of the assessee. Further, on verification of the submissions, the Ld. AO also noticed that the assessee company 5 has debited an amount of Rs. 146,06,81,638/- to the P & L Account towards withheld price against the procurement of milk and kept the said amount

TEEJAY INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM

Bench: Shri Ravish Sood, Hon’Ble & Shri Omkareshwar Chidara, Hon’Ble

transfer price of the Appellant's international transactions of INR 20,72,84,822 in respect of payment of royalty, INR 31,16,642 in respect of payment of interest on ECB and INR 86,54,646 on account of imputation of notional interest on outstanding receivables. Further, the learned AO and the learned DRP erred in disallowing

GVK POWER AND INFRASTRUCTURE LIMITED,JEGURUPADU vs. DCIT, CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is partly allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

Transfer pricing upward adjustments made by the Ld. TPO, the Ld.AO passed a draft assessment order dated 15/4/2021. Aggrieved by the draft assessment order, the assessee filed its objections before the Ld. Dispute Resolution Panel, Bengaluru [DRP]. Considering the objections of the Ld. Assessee’s Representative, the DRP in F.No. 25/DRP-1/BNG/2021-22, dated 27/01/2022 rejected the objections raised

LEWEK ALTAIR SHIPPING PRIVATE LIMITED,KAKINADA vs. DEPUTY COMMSSIONER OF INCOME TAX, CIRCLE-1, KAKINADA

In the result, the appeal of the assessee is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.146/Viz/2021 & 147/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2012-13 & 2013-14) Lewek Altair Shipping Private Limited Vs. Dy.Commissioner Of Income Tax D.No.3-16-193/1, Sri Vidya Colony Circle-1 Suryarao Peta, Kakinada Kakinada [Pan : Aabcl9766C] अपीलधथी की ओर से/ Appellant By : Shri Jitendra Singh, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.11.2022 घोर्णध की तधरीख/Date Of Pronouncement : 23.01.2023 O R D E R Per Shri S.Balakrishnan: These Appeals Are Filed By The Assessee Against The Orders Of The Ao/Tpo/Dispute Resolution Panel-1, Bengaluru(Drp In Short) U/S 143(3) R.W.S 144C Of The Income Tax Act For The Assessment Years 2012-13 & 2013-14 Respectively. Since The Facts Are Identical, Both The Appeals Are Clubbed, Heard Together & Disposed Off In A Common Order For The Sake Of Convenience & The Facts Are Extracted From I.T.A.No.146/Viz/2021 For The A.Y.2012-13. 2 Ita No.146/Viz/2021 & 147/Viz/2021, A.Y.2012-13 & 2013-14 Lewek Altair Shipping Private Ltd., Kakinada

transfer pricing issue. Fresh approval has been obtained from Pr.CIT-2, Visakhapatnam and the case was referred to TPO, Hyderabad for determination of Arm’s Length Price (ALP) in conformity with the directions of Hon’ble ITAT. In the instant case, the assessee has paid bareboat rentals of Rs.43,35,50,310/- to Lewek Shipping Pte Ltd., Singapore and Ship

LEWEK ALTAIR SHIPPING PRIVATE LIMITED,KAKINADA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, KAKINADA

In the result, the appeal of the assessee is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.146/Viz/2021 & 147/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2012-13 & 2013-14) Lewek Altair Shipping Private Limited Vs. Dy.Commissioner Of Income Tax D.No.3-16-193/1, Sri Vidya Colony Circle-1 Suryarao Peta, Kakinada Kakinada [Pan : Aabcl9766C] अपीलधथी की ओर से/ Appellant By : Shri Jitendra Singh, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 21.11.2022 घोर्णध की तधरीख/Date Of Pronouncement : 23.01.2023 O R D E R Per Shri S.Balakrishnan: These Appeals Are Filed By The Assessee Against The Orders Of The Ao/Tpo/Dispute Resolution Panel-1, Bengaluru(Drp In Short) U/S 143(3) R.W.S 144C Of The Income Tax Act For The Assessment Years 2012-13 & 2013-14 Respectively. Since The Facts Are Identical, Both The Appeals Are Clubbed, Heard Together & Disposed Off In A Common Order For The Sake Of Convenience & The Facts Are Extracted From I.T.A.No.146/Viz/2021 For The A.Y.2012-13. 2 Ita No.146/Viz/2021 & 147/Viz/2021, A.Y.2012-13 & 2013-14 Lewek Altair Shipping Private Ltd., Kakinada

transfer pricing issue. Fresh approval has been obtained from Pr.CIT-2, Visakhapatnam and the case was referred to TPO, Hyderabad for determination of Arm’s Length Price (ALP) in conformity with the directions of Hon’ble ITAT. In the instant case, the assessee has paid bareboat rentals of Rs.43,35,50,310/- to Lewek Shipping Pte Ltd., Singapore and Ship

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. CCL PRODUCTS (INDIA) LIMITED, GUNTUR

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No.97/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2011-12) Deputy Commissioner Of Income V. Ccl Products (India) Limited, Tax, Guntur-522330, Guntur-522004. Andhra Pradesh. Pan: Aaacc9552G (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

transfer pricing adjustment on account of interest income short charged / uncharged as held by Hon’ble Delhi High Court in the case of MCkinsey Knowledge Centre India (P.) Ltd vs. Pr. CIT (2018) (96 taxmann.com 237) (Del) on which SLP filed by the assessee was also dismissed by the Hon’ble Supreme Court in 102 taxmann.com 439 (SC) (2019). Page

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. CCL PRODUCTS (INDIA) LIMITED, GUNTUR

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No.97/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2011-12) Deputy Commissioner Of Income V. Ccl Products (India) Limited, Tax, Guntur-522330, Guntur-522004. Andhra Pradesh. Pan: Aaacc9552G (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

transfer pricing adjustment on account of interest income short charged / uncharged as held by Hon’ble Delhi High Court in the case of MCkinsey Knowledge Centre India (P.) Ltd vs. Pr. CIT (2018) (96 taxmann.com 237) (Del) on which SLP filed by the assessee was also dismissed by the Hon’ble Supreme Court in 102 taxmann.com 439 (SC) (2019). Page

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. CCL PRODUCTS (INDIA) LIMITED, DUGGIRALA

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No.97/Viz/2025 (निर्धारण वर्ा/ Assessment Year: 2011-12) Deputy Commissioner Of Income V. Ccl Products (India) Limited, Tax, Guntur-522330, Guntur-522004. Andhra Pradesh. Pan: Aaacc9552G (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

transfer pricing adjustment on account of interest income short charged / uncharged as held by Hon’ble Delhi High Court in the case of MCkinsey Knowledge Centre India (P.) Ltd vs. Pr. CIT (2018) (96 taxmann.com 237) (Del) on which SLP filed by the assessee was also dismissed by the Hon’ble Supreme Court in 102 taxmann.com 439 (SC) (2019). Page

ANDHRA PAPER LIMITED,RAJAHMUNDRY vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is dismissed

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.349/Viz/2024 (निर्धारण वर्ा/ Assessment Year:2020-21) Vs. Acit – Circle -1 Andhra Paper Limited 14-6-9, Admin Office Veerabhadrapuram Kateru Road Rajahmundry-533101 Sri Ramnagar S.O. (Rajahmundry) Andhra Pradesh Rajahmundry (Urban) East Godavari – 533105 Andhra Pradesh [Pan: Aaact8849D]

Transfer Pricing guidelines for Multinational Enterprises, it is reasonable to conclude that the payment for using a trademark is at arm’s length, if the trademark provides a financial benefit to members of the group other than the member legally owning the intangible. The solitary Page. No 10 I.T.A.No.349/VIZ/2024 Andhra Paper Limited issue is how to prove the financial

TBR INFRA PVT LTD,ALAMPURAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

transfer pricing cases, quantum of such addition should\nexceed 10 crore.\n11. Accordingly, in the instant case where the addition amounting to\nRs.3,43,759/- is well below the limit prescribed for the selection of return\nrequiring scrutiny during the F.Y. 2017-18. We therefore find merit in the\nargument of the Ld.AR that the scrutiny assessment proceedings raised

TEEJAY INDIA PVT LTD,VISAKHAPATNAM vs. DCIT, CIRCLE 3(1), VISAKHAPATNAM

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.154 & 155/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18 & 2018-19)

disallowance of Royalty Fee paid” and not the Technical Support Service Fee”. 2. On perusal of the record, we find it to be an inadvertent typographical mistake that has crept into the Order while mentioning the word “Royalty”. Hence the assessee’s prayer is justified. Therefore, we hereby hold that at para 14 of the Tribunal’s order, dated 23/01/2023

TEEJAY INDIA PVT LTD,VISAKHAPATNAM vs. DCIT, CIRLCE 3(1), VISAKHAPATNAM

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.154 & 155/Viz/2022 ("नधा"रणवष"/ Assessment Year :2017-18 & 2018-19)

disallowance of Royalty Fee paid” and not the Technical Support Service Fee”. 2. On perusal of the record, we find it to be an inadvertent typographical mistake that has crept into the Order while mentioning the word “Royalty”. Hence the assessee’s prayer is justified. Therefore, we hereby hold that at para 14 of the Tribunal’s order, dated 23/01/2023

MDR CRANES & INFRASTRUCTURE PVT LTD,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1), VISAKHAPATNAM

transfer of plant\nand machinery during the year. It was submitted that due to defaults of loans\ntaken by the Company the financiers seized the certain machinery kept as\nsecurity which was having a Written Down Value (WDV) in the books of\naccounts as on 01.04.2013 at Rs.7,24,84,687/-. Ld.AO further observed that\nassessee has reduced the value

REDDI PAIDITALLI NAIDU,VISAKHAPATNAM vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

Bench: Shri Ravish Sood, Hon’Ble

price as per sale deed as income from STCG without considering the corroborative evidence of Rs.25,03,000. 3. That in any case and in any view of the matter, the order under appeal is bad in law and is against the facts and circumstances of the case in as much as the disallowances made by La. A.O. were

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD., GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40.\nThe Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD, GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40. The Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court