BRINKS INDIA P.LTD (FORMERLY KNOWN AS BRINKS ARYA (INDIA ) PRIVATE LIMITED,MUMBAI vs. DCIT CENTRAL CIR 6(4), MUMBAI

ITA 7071/MUM/2017Status: DisposedITAT Mumbai15 November 2022AY 2013-1410 pages
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What did the Tribunal hold?

The Tribunal held that the TPO's method of estimating man-hours and cost per hour without following prescribed methods under Section 92C(1) of the Income Tax Act is unsustainable. The addition made by the TPO was deleted, following previous judgments.

What were the facts?

The appellant, Brinks India Private Limited, made a payment of management fees to its Associated Enterprise (AE). The Transfer Pricing Officer (TPO) rejected the appellant's benchmarking and made an upward adjustment by estimating man-hours and cost per hour, similar to the previous assessment year.

What were the issues?

Whether the transfer pricing adjustment made by the TPO by estimating man-hours and cost per hour, without applying prescribed methods, is valid.

Which sections of the Income-tax Act were involved?

Section 144C,Section 92CA,Section 92C

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Income Tax Appellate Tribunal, K BENCH, MUMBAI

Per Rahul Chaudhary, Judicial Member:

1.

The present appeal is directed against Assessment Order dated, 25.09.2017, passed under Section 144C(13) of the Income Tax Act, 1961 [hereinafter referred to as „the Act‟], as per directions issued by Dispute Resolution Panel-I, Mumbai (hereinafter referred to as „the DRP‟) under Section 144C(5) of the Act pertaining to the Assessment Year 2013-14. ITA. No.

The order continues below.

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