NTT INDIA PRIVATE LIMITED ,MUMBAI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT , MUMBAI

ITA 5018/MUM/2024Status: DisposedITAT Mumbai05 May 2026AY 2020-2110 pages
AI SummaryPartly Allowed

What were the facts?

The assessee, NTT India Private Limited, appealed against additions made to its income concerning transfer pricing adjustments for management fees and regional services, as well as issues related to additions in an intimation, TDS credit, interest levies, and penalty proceedings. The primary dispute involved the benchmarking of management fees paid to an Associate Enterprise.

What did the Tribunal hold?

The Tribunal allowed Ground No. 1 (Management Fees) by following its own consistent decisions for earlier years, holding that separate benchmarking of management fees was not required or that the existing TNMM analysis was acceptable. Ground No. 2 (Regional Services) was dismissed as the assessee did not press it. Other grounds were either remanded to the Assessing Officer for verification or allowed for statistical purposes.

What were the issues?

The key issues were the validity of transfer pricing adjustments for management fees and regional services, the correctness of additions made in an intimation, TDS credit, and the levy of interest and penalties.

Which sections of the Income-tax Act were involved?

Section 144C,Section 144B,Section 37,Section 40(a),Section 143(1),Section 234A,Section 234B,Section 270A,Section 254(1)

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL“J” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER (Physical hearing)

NTT India Private Limited DCIT-14(1)(1), Mumbai Unit No. FOF-B-08-10 & 10A, Mumbai-400020. Phoenix Market City, LBS Marg, Kurla West, Mumbai - 400070. [PAN: AAACD2145G] Appellant / Assessee Respondent / Revenue

Assessee by Shri Vijay Mehta, CA Revenue by Shri Pankaj Kumar, CIT - DR Date of hearing 11.02.2026 Date of pronouncement 05.05.2026

Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER:

1.

This appeal by assessee is directed against the additions in the assessment

order passed under section 144C(13) r.w.s. 144B dated 31.03.2024, passed

in pursuance of directions of Dispute Resolution Penal (DRP)- 2, Mumbai,

dated 20.06.2024 for Assessment Year (AY) 2020-21. The assessee has raised following grounds of appeal:

GROUNDS OF APPEAL

1.

Ground No. 1: Transfer Pricing adjustment of INR 151,57,42,646/-on account of payment of Management Fees:

1.1.

On the facts and in the circumstances of the case and in law, the Hon'ble Disp

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 144C

All 3,666 judgments and leading authorities on Section 144C →

Recent GST High Court judgments

Search GST case law →