NTT INDIA PRIVATE LIMITED ,MUMBAI vs. ASSTT COMM. OF INCOME TAX-14(1)(1), MUMBAI

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ITA 2491/MUM/2022Status: DisposedITAT Mumbai24 June 2025AY 2018-19Bench: MS. PADMAVATHY S (Accountant Member), SHRI RAJ KUMAR CHAUHAN (Judicial Member)34 pages
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What did the Tribunal hold?

The Tribunal held that the transfer pricing adjustment made by the TPO/DRP for management fees was illegal, following a previous decision in the assessee's own case for an earlier assessment year. The Tribunal also restored two other grounds related to Section 80G deduction and TDS credit to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee, NTT India Private Limited, made an adjustment of Rs. 99,09,31,854/- in its assessment order concerning management service transactions with its associated enterprises. The assessee argued that the transfer pricing adjustment was incorrect and that the TNMM method was appropriate for benchmarking.

What were the issues?

Whether the transfer pricing adjustment for management services was justified, and whether the TNMM method was the most appropriate method. Other issues included the denial of Section 80G deduction and short grant of TDS credit.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 92CA,Section 271AA,Section 80G

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Income Tax Appellate Tribunal, “J” BENCH MUMBAI

Before: MS. PADMAVATHY S & SHRI RAJ KUMAR CHAUHAN

For Appellant: Shri Vijay Mehta, Ld. AR
For Respondent: Shri Pankaj Kumar, Ld. CIT-DR
Hearing: 01.04.2025Pronounced: 24.06.2025

आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / The CIT(A) 3. आयकर आयु�(अपील) / Concerned CIT 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, मु�बई / DR, ITAT, Mumbai 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, स�ािपत �ित //True Copy// 1. उप/सहायक पंजीकार ( Asst. Registrar)

आयकर अपीलीय अिधकरण, मु�बई मु�बई / ITAT, Mumbai मु�बई मु�बई

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