LEWEK ALTAIR SHIPPING PRIVATE LIMITED,KAKINADA vs. DCIT, CIRCLE-1, KAKINADA

In the result, appeal filed by the assessee is allowed

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

1. Failed to appreciate the fact that the Transfer Pricing regulations do not apply to the assessee. 1.1. On the facts and circumstances of the case and in law, the Ld. TPO / Ld. AO and further Hon’ble DRP failed to appreciate the fact that the Transfer Pricing regulations do not apply to the assessee, as the assessee

THE DY. CIT,, VISAKHAPATNAM vs. M/S. SNF (INDIA) LIMITED,, VISAKHAPATNAM

In the result, appeals filed by the Revenue and the Cross objections filed by the assessee are dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10 comparables, whose arithmetic mean PLI (OP/Sales) was C.O.Nos.63&64/VIZ/2017 (M/s. SNF (India) Pvt. Ltd.) computed at 11.8% as against the margin of taxpayer of 14.76% and accordingly, the taxpayer held that the transactions are at Arm’s Length Price and no adjustment was made. The taxpayer adopted TNMM (Transaction Net Margin Method) as most appropriate Method

THE DY. CIT,, VISAKHAPATNAM vs. M/S. SNF (INDIA) LIMITED,, VISAKHAPATNAM

In the result, appeals filed by the Revenue and the Cross objections filed by the assessee are dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10 comparables, whose arithmetic mean PLI (OP/Sales) was C.O.Nos.63&64/VIZ/2017 (M/s. SNF (India) Pvt. Ltd.) computed at 11.8% as against the margin of taxpayer of 14.76% and accordingly, the taxpayer held that the transactions are at Arm’s Length Price and no adjustment was made. The taxpayer adopted TNMM (Transaction Net Margin Method) as most appropriate Method

OCEAN INDIA PVT. LTD.,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Blei.T. (T.P.) A. No. 150/Viz/2016 (Asst. Year : 2011-12) M/S. Teejay India Pvt. Ltd. Vs. The Acit, Circle-5(1), (Formerly Known As Ocean Visakhapatnam. India Pvt. Ltd.), Plot No. 15, Brandix India Apparel City Pvt. Ltd. Sez, Pudimadaka Road, Atchutapuram, Visakhapatnam. Pan No. Aaaco 9452 H (Appellant) (Respondent)

1), Visakhapatnam ('learned Assessing Officer' or 'learned AO') and Joint Commissioner of Income-tax (Transfer Pricing) ('learned Transfer Pricing Officer' or 'learned TPO') to the extent prejudicial to the Appellant, is bad in law, contrary to the facts and circumstances of the case and liable to be quashed. 2. That on the facts and circumstances of the case, the learned

APPANA HARI NAGA VENKATA RAO,,VISAKHAPATNAM vs. THE ITO,, VISAKHAPATNAM

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleappana Hari Naga Venkat Rao, Vs. Ito, Ward-1(4), D.No. 15-32-7, Gokul Road, Visakhapatnam. Maharanipeta, Visakhapatnam. Pan No. Adopa 5287 G (Appellant) (Respondent)

transferring the property through sale deed. As per section 50C, it is mandatory to adopt the SRO value as per Stamp Valuation Authority as deemed consideration for arriving at the taxable capital gains. Accordingly, the Assessing Officer adopted the sale price as per section 50C of Rs. 2,95,02,500/- for computing taxable capital gains. 4. On being aggrieved

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion. It is as if he received only from the consumers the original amount minus the amount he returned to them. In substance, there cannot be any difference between a business man collecting from his constituents

THE ACIT,CIRCLE - 1,, RAJAHMUNDRY vs. M/STHE ARYAPURAM CO-OPRATIVE URBAN BANK LTD.,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion. It is as if he received only from the consumers the original amount minus the amount he returned to them. In substance, there cannot be any difference between a business man collecting from his constituents

THE ARYAPURAM CO-OPERATIVE URBAN BANK LTD.,,RAJAHMUNDRY vs. THE ACIT, CIRCLE - 1, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion. It is as if he received only from the consumers the original amount minus the amount he returned to them. In substance, there cannot be any difference between a business man collecting from his constituents

ARYAPURAM CO=OP. URBANK LTD.,,RAJAHMUNDRY vs. THE ACIT,, RAJAHMUNDRY

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes; and the appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

10(1) of the IT Act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion. It is as if he received only from the consumers the original amount minus the amount he returned to them. In substance, there cannot be any difference between a business man collecting from his constituents

TEEJAY INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, DC/AC 4(1), VISAKHAPATNAM

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

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

transfer pricing adjustments not on proportionate basis which was consistently followed in earlier assessment years. 4.12. Not providing appropriate economic adjustments towards material differences between the operational profile of comparable companies and the appellant with respect to working capital adjustments. Grounds for disallowance of technical support services fees paid. 5. On the facts and in the circumstances of the case

YADLA SRINIVASA RAO,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(2), , VIJAYAWADA

In the result, appeal of the assessee is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.78/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2011-12) Yadla Srinivasa Rao Vs. Income Tax Officer D.No.20-04-190/7A Ward-3(2) Basavataraka Nagar Vijayawada Ayodhya Nagar Vijayawada [Pan : Abfpy5447F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

1. The order of the Ld.CIT(A), Vijayawada in Appeal No.10224/CIT(A)/VZA/2018-19,dated 28.02.2020 for the A.Y.2011- 12 may be erroneous both in law and on facts of the case. 2. Taking cognizance of the fact that DELIVERY OF POSSESSION would be given only at the time of execution of a REGULAR CONVEYANCE OF DEED after discharging the LEGAL

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED,VISAKHAPATNAM vs. ACIT, CIRCLE-5(1),, VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Pricing Agreement (APA) with Central Board of Direct Taxes (CBDT), applicable for the F.Y.2016-17 to 2021-22. The Ld.AR further submitted that the APA was signed on 07.08.2019 and it was not available before the lower authorities for consideration. The Ld.AR submitted that the international transaction undertaken by the assessee for the assessment years under consideration were identical

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED.,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5(1), VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Pricing Agreement (APA) with Central Board of Direct Taxes (CBDT), applicable for the F.Y.2016-17 to 2021-22. The Ld.AR further submitted that the APA was signed on 07.08.2019 and it was not available before the lower authorities for consideration. The Ld.AR submitted that the international transaction undertaken by the assessee for the assessment years under consideration were identical

SEEDS INTIMATE APPAREL INDIA PRIVATE LIMITED,,VISAKHAPATNAM vs. THE ASST CIT,, VISAKHAPATNAM

In the result, appeals of the assessee are allowed for statistical purpose

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अऩीऱ सं./I.T.A.No.21/Viz/2017, 04/Viz/2018 & 602/Viz/2018 (ननधधारण वषा / Assessment Years : 2012-13, 2013-14 & 2014-15) M/S Seeds Intimate Apparel India Vs. Asst.Commissioner Of Private Limited Income Tax, Plot No.C, Brandix India Apparel City, Circle-5(1) Sez, Pudimadaka Road Visakhapatnam Atchutapuram Mandal Visakhapatnam [Pan : Aadcb3644F] (अपीऱार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Pricing Agreement (APA) with Central Board of Direct Taxes (CBDT), applicable for the F.Y.2016-17 to 2021-22. The Ld.AR further submitted that the APA was signed on 07.08.2019 and it was not available before the lower authorities for consideration. The Ld.AR submitted that the international transaction undertaken by the assessee for the assessment years under consideration were identical

MANEPALLI RANADHEER,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(1),, VIJAYAWADA

In the result, appeals filed by the assessees for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.256/Viz/2020 To 261/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2010-11 To 2015-16) Manepalli Ranadheer Vs. Income Tax Officer D.No.28-15-4, Arundalpet Ward-3(1) Vijayawada Vijayawada [Pan : Ahwpr5952K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.19/Viz/2021 To 21/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2011-12, 2012-13 & 2015-16) Late M.Pushpalatha Vs. Income Tax Officer Rep. By L/R Manepalli Ranadheer Ward-3(1) D.No.28-15-4, Arundalpet Vijayawada Vijayawada [Pan : Auepm8062C] अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 20.04.2023 घोर्णध की तधरीख/Date Of Pronouncement : 23.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of The Principal Commissioner Of Income Tax (Appeals) [Pcit], Vijayawada Dated 19.02.2020 For The Assessment Year (A.Y.) 2010-11 To 2015-16 & The Order Dated 03.03.2020 For The A.Y. 2011-12, 2012-13 & 2015-16. 2

1.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (a) an order passed on or before or after the 1st day of June, 1988] by the Assessing Officer 91[or the Transfer Pricing Officer, as the case may be,] shall include— (i) an order of assessment made by the Assistant Commissioner

MANEPALLI RANADHEER,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(1),, VIJAYAWADA

In the result, appeals filed by the assessees for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.256/Viz/2020 To 261/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2010-11 To 2015-16) Manepalli Ranadheer Vs. Income Tax Officer D.No.28-15-4, Arundalpet Ward-3(1) Vijayawada Vijayawada [Pan : Ahwpr5952K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.19/Viz/2021 To 21/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2011-12, 2012-13 & 2015-16) Late M.Pushpalatha Vs. Income Tax Officer Rep. By L/R Manepalli Ranadheer Ward-3(1) D.No.28-15-4, Arundalpet Vijayawada Vijayawada [Pan : Auepm8062C] अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 20.04.2023 घोर्णध की तधरीख/Date Of Pronouncement : 23.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of The Principal Commissioner Of Income Tax (Appeals) [Pcit], Vijayawada Dated 19.02.2020 For The Assessment Year (A.Y.) 2010-11 To 2015-16 & The Order Dated 03.03.2020 For The A.Y. 2011-12, 2012-13 & 2015-16. 2

1.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (a) an order passed on or before or after the 1st day of June, 1988] by the Assessing Officer 91[or the Transfer Pricing Officer, as the case may be,] shall include— (i) an order of assessment made by the Assistant Commissioner

MANEPALLI RANADHEER,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(1),, VIJAYAWADA

In the result, appeals filed by the assessees for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.256/Viz/2020 To 261/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2010-11 To 2015-16) Manepalli Ranadheer Vs. Income Tax Officer D.No.28-15-4, Arundalpet Ward-3(1) Vijayawada Vijayawada [Pan : Ahwpr5952K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.19/Viz/2021 To 21/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2011-12, 2012-13 & 2015-16) Late M.Pushpalatha Vs. Income Tax Officer Rep. By L/R Manepalli Ranadheer Ward-3(1) D.No.28-15-4, Arundalpet Vijayawada Vijayawada [Pan : Auepm8062C] अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 20.04.2023 घोर्णध की तधरीख/Date Of Pronouncement : 23.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of The Principal Commissioner Of Income Tax (Appeals) [Pcit], Vijayawada Dated 19.02.2020 For The Assessment Year (A.Y.) 2010-11 To 2015-16 & The Order Dated 03.03.2020 For The A.Y. 2011-12, 2012-13 & 2015-16. 2

1.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (a) an order passed on or before or after the 1st day of June, 1988] by the Assessing Officer 91[or the Transfer Pricing Officer, as the case may be,] shall include— (i) an order of assessment made by the Assistant Commissioner

MANEPALLI RANADHEER,VIJAYAWADA vs. THE INCOME TAX OFFICER, WARD-3(1),, VIJAYAWADA

In the result, appeals filed by the assessees for the A

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.256/Viz/2020 To 261/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2010-11 To 2015-16) Manepalli Ranadheer Vs. Income Tax Officer D.No.28-15-4, Arundalpet Ward-3(1) Vijayawada Vijayawada [Pan : Ahwpr5952K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No.19/Viz/2021 To 21/Viz/2021 (ननधधारण वर्ा / Assessment Year : 2011-12, 2012-13 & 2015-16) Late M.Pushpalatha Vs. Income Tax Officer Rep. By L/R Manepalli Ranadheer Ward-3(1) D.No.28-15-4, Arundalpet Vijayawada Vijayawada [Pan : Auepm8062C] अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri Mn Murthy Naik, Cit(Dr) सुनवधई की तधरीख / Date Of Hearing : 20.04.2023 घोर्णध की तधरीख/Date Of Pronouncement : 23.05.2023 आदेश /O R D E R Per Shri Duvvuru Rl Reddy: These Appeals Are Filed By The Assessees Against The Orders Of The Principal Commissioner Of Income Tax (Appeals) [Pcit], Vijayawada Dated 19.02.2020 For The Assessment Year (A.Y.) 2010-11 To 2015-16 & The Order Dated 03.03.2020 For The A.Y. 2011-12, 2012-13 & 2015-16. 2

1.—For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (a) an order passed on or before or after the 1st day of June, 1988] by the Assessing Officer 91[or the Transfer Pricing Officer, as the case may be,] shall include— (i) an order of assessment made by the Assistant Commissioner