TATA AIG GENERAL INSURANCE COMAPANY LTD,MUMBAI vs. ASST CIT 2(3), MUMBAI

In the result, the appeal of the assessee is allowed

144C(3) of the Income-tax Act, 1961 is void and bad in law as it has been passed beyond the period of limitation referred to in section 153 of the Act. Additional Ground No.3 3. The learned CIT(A) erred in confirming the action of the learned AO of not allowing the claim of depreciation

TELEPERFORMANCE GLOBAL SERVICES P. LTD.,MUMBAI vs. THE ADDL/JT/DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT DENTRE,, DELHI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Us, First We Would Like To Address Ground No.2 Wherein The Assessee Has Submitted That The Order Of The Ld. Tpo U/S.92Ca(3) Of The Act Dated 01/11/2019 Is Barred By Limitation & Hence, Invalid In Law.

depreciation on intangible asset of Rs.90,65,75,040/-; and disallowance u/s.14A of the Act of Rs.7,84,950/-. The assessee preferred objections before the ld. DRP. The ld. DRP issued directions u/s.144C(5) of the Act on 20/03/2021. Pursuant to the directions of the ld. DRP, the ld. AO passed the final assessment order u/s.143(3) r.w.s. 144C

ATOS INDIA P.LTD,MUMBAI vs. DCIT RG 14(1)(1), MUMBAI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Shri G. S. Pannu & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1795/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) Dcit-14(1)1), Atos India Pvt. Ltd., Aayakar Bhavan Godrej & Boyce Complex, बनाम/ Mumbai Plant 5, Pirojshanagar, Vs. Lbs Marg, Vikhroli (West), Mumbai-400079 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaaco2461J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Dhanesh Bafna /Chandni Sha /Riddhi Maru /Kinjal Patel, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Dr. Yogesh Kamat, Ld. Dr सुनवधईकीतधरीख/ 01.06.2022 & : 25.01.2023 Date Of Hearing घोर्णधकीतधरीख / : 23.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: 1. The Aforesaid Appeal Has Been Filed By The Assessee Against The Final Assessment Order Passed U/S 143(3) R.W.S. 144C(13) In 2

depreciation on 2,92,19,122 goodwill 5. Disallowance for provision for project 17,16,22,641 risk 6. Disallowance under section 40(a) on 16,65,932 account of non-deduction of TDS on software purchase 7. Disallowance under section 40(a) due 64,45,907 to non-deduction of TDS of Foreign Parties 4 I.T.A. No. 1795/Mum/2017 Atos

STRIDES ARCOLAB LTD,NAVI MUMBAI vs. DCIT CIR 10(3),

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.2877/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2009-10) Strides Shasun Limited Dcit Cir. 15(3)(2) (Formerly Known As R. No. 451, 4Th Floor, Strides Arcolab Limited) बिधम/ Aayakar Bhavan, M. K. 201, Devavrata, Sector 17, Road, Mumbai-400 020 Vs. Vashi, Navi Mumbai – 400 703 स्थायीलेखासं./जीआइआरसं./ Pan No. Aadcs8104P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Percy Pardiwala/ Shri Ketan Ved /Shri Ninad Patade, Ld. Ars प्रत्यथीकीओरसे/Respondent By : Ms. Vatsalaa Jha, Ld. Dr सुनवाईकीतारीख/ : 18.01.2023 Date Of Hearing घोषणाकीतारीख / : 28.02.2023 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla : The Aforesaid Appeal Has Been Filed By Assessee Against The Order Dated 26.02.2014 Passed U/S 143(3) R.W.S. 144C(13) In 2

section 115JB of the Act by: • considering the net profit amount as 'Profit before Tax and Exceptional Items' instead of 'Profit before Tax' • not reducing the amount of unabsorbed depreciation from the book profits • increasing the book profits by the amount of disallowance made u/s. 14A. 13. Levy of the interest u/s. 234B of the Act. 14. Levy

PIRAMAL ENTERPRISES LIMITED,MUMBAI vs. ADDITIONAL COMMISSIONER OF INCOME TAX-7(1), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

144C. The scheme of s.144C would thus be wholly violated if the Assessing Officer takes it upon himself to include in the final order of assessment such additions/disallowance/variations that do not form part of the order of draft assessment. 10. Further, we do not agree with the submission of the Learned Counsel for the Appellant to the effect that since

ATOS INDIA PRIVATE LTD,MUMBAI vs. ACIT 14 (1) (1) , MUMBAI

In the result, the appeal filed by the assessee stands allowed on the additional grounds

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleatos India Private Limited V. Acit – 14(1)(1) Unit No. 1401, 14Th Floor Rom No. 481, 4Th Floor Supremus “E" Wing Aayakar Bhavan M.K. Road, Mumbai - 400020 I Think Techno Campus Kanjurmarg (E), Mumbai - 400042 Pan: Aaaco2461J (Appellant) (Respondent) Assessee Represented By : Ms. Chandni Shah & Ms. Riddi Maru Department Represented By : Shri Vachaspati Tripathi

depreciation under section 32 of the Act. 5. On the facts and in the circumstances of the case and in law, the Ld. AO has erred in taxing provisions for doubtful debts and advances written back during the year amounting to INR 5,36,79,888 even when the Hon'ble DRP had principally agreed that provisions which were disallowed

SHELL INDIA MARKETS PVT. LTD.,MUMBAI vs. ACIT (LTU) - 2, MUMBAI

In the result, appeal by assessee is allowed

144C(13) of the Income-tax Act, 1961 (Act), wherein the loss assessed is Rs. 38,62584 in pursuance to the directions issued by the DRP, as against the returned loss of Rs. 105 77,29,782 TRANSFER PRICING GROUNDS: 2 Ground No. 2 to 4 Import of finished goods 3 Ground No. 5 to 6 Sale of Lubricants

ACIT, (LTU)-2, MUMBAI vs. SHELL INDIA MARKETS PVT. LTD., MUMBAI

In the result, appeal by assessee is allowed

144C(13) of the Income-tax Act, 1961 (Act), wherein the loss assessed is Rs. 38,62584 in pursuance to the directions issued by the DRP, as against the returned loss of Rs. 105 77,29,782 TRANSFER PRICING GROUNDS: 2 Ground No. 2 to 4 Import of finished goods 3 Ground No. 5 to 6 Sale of Lubricants

SI GROUP-INDIA LTD,NAVI MUMBAI vs. DCIT -LTU, MUMBAI

In the result, appeal of the assessee is allowed on additional grounds

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Blem/S. Si Group India Limited V. Dy. Commissioner Of Income-Tax Plot No: D-2/I, Ttc Industrial Area Large Taxpayer Unit 29Th Floor, World Trade Centre No.1 Opp. Juinagar Railway Station Cuffe Parade, Mumbai – 400 005 Thane-Belapur Road, Turbhe Navi Mumbai – 400 705 Pan: Aaach7323L (Appellant) (Respondent) Assessee By : Shri Ajit Kumar Jain & Shri Siddhesh Chaugule Department By : Shri Manish Kumar Singh

section 144C(5) of the Act the DRP may confirm, reduce or enhance the variation proposed in the draft assessment order and on receiving the directions of the DRP the Assessing Officer U/s. 143(3) r.w.s. 144C shall pass an order in confirmity with the directions of the DRP and complete the assessment. Ld. Counsel for the assessee submits that