M/S TE CONNECTIVITY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, LTU CIRCLE-2, BANGALORE

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ITA 372/BANG/2021Status: DisposedITAT Bangalore23 September 2022AY 2016-172 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal consolidated the appeals due to common issues. The core of the dispute revolves around the determination of arm's length price for international transactions involving services provided to associated enterprises.

What were the facts?

The assessee, engaged in manufacturing and providing various services to group companies, filed appeals against assessment orders for AYs 2015-16 to 2018-19. These appeals involved common issues related to international transactions with associated enterprises.

What were the issues?

The primary issue concerns the transfer pricing of international transactions, specifically the arm's length price for services rendered to associated enterprises. The appeals also touch upon the assessment procedures followed.

Which sections of the Income-tax Act were involved?

Section 92,Section 143(3),Section 144C(13),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI.CHANDRA POOJARI

For Appellant: Shri Sriram Seshadri, Advocate
For Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Hearing: 21.09.2022Pronounced: 23.09.2022

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI.CHANDRA POOJARI, ACCOUNTANT MEMBER IT(TP)A Nos. and Appellant Respondent Assessment Year 2593/Bang/2019 M/s. TE Connectivity India Private Limited, ACIT, 2015-16 TE Park, 22B, Doddenakundi Corporation, Circle – 2, 2nd Phase, Industrial Area, Large Taxpayer Unit, Whitefield Road, Bengaluru Bengaluru – 560 048. PAN: AABCT 7374 C 372/Bang/2021 -do- -do- 2016-17 200/Bang/2022 -do- DCIT, LTU, 2017-18 Circle – 2, Bengaluru. 716/Bang/2022 -do- ACIT, 2018-19 Circle – 7(1)(1), Bengaluru. Assessee by : Shri Sriram Seshadri, Advocate Revenue by : Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru. Date of hearing : 21.09.2022 Date of Pronouncement : 23.09.2022 O R D E R Per N. V. Vasudevan, Vice President :

These are 4 appeals by the assessee against the following final Orders of Assessments : i. Assessment Year 2015-16 – Final Order of Assessment dated 25.10.2019 passed by the ACIT, LTU, Circle – 2, Bengaluru, under IT(TP)A Nos.2593/Bang/2019, 372/Bang/2021, 200 and 716/Bang/2022 Page 2 of 21 section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (hereinafter called ‘the Act’). ii. Assessment Year 2016-17 – Final Order of Assessment dated 31.05.2021 passed by National Faceless Assessment Centre, Delhi, under section 143(3) r.w.s. 144C(13) read with section 144B of the Act. iii.Assessment Year 2017-18 – Final Order of Assessment dated 28.01.2022 passed by National Faceless Assessment Centre, Delhi, under section 143(3) r.w.s. 144C(13) read with section 144B of the Act. iv.Assessment Year 2018-19 – Final Order of Assessment dated 30.06.2022 passed by ACIT, Circle – 7(1)(1), Bengaluru, under section 143(3) r.w.s. 144C(13) of the Act.

2.

Since common issues arise for consideration in all these appeals, they were heard together and we deem it convenient to pass consolidated order.

3.

The factual background in all these appeals needs to be first set out. The assessee is engaged, inter-alia, in the business of manufacture of connectors & cable interconnects and fibre optic cable interconnects; trading of AMP Netconnect cables, and providing back office services, engineering design services and sourcing services as a contract service provider to the Group. The transaction of providing services to the group companies was an international transaction with an associated enterprise (AE) and in terms of Sec.92 of the Act, income from international

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