DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE vs. AMD INDIA PRIVATE LIMITED, BANGALORE

ITA 2032/BANG/2024Status: DisposedITAT Bangalore11 December 2025AY 2013-14Bench: SHRI PRASHANT MAHARISHI (Vice President), SHRI SOUNDARARAJAN K. (Judicial Member)2 pages
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What did the Tribunal hold?

The Tribunal held that the addition made by the AO on account of assets received free of cost was not taxable under Section 28(iv) and deleted the consequent mark-up. The Tribunal also dismissed the Revenue's grounds regarding the exclusion of certain comparables, finding them to be functionally different or of significantly different size.

What were the facts?

The assessee company, AMD India Private Ltd., appealed against an order partly allowing its appeal against a transfer pricing adjustment. The Revenue also appealed against the deletion of certain transfer pricing adjustments.

What were the issues?

Whether assets received free of cost are taxable under Section 28(iv) and the comparability of certain companies for transfer pricing adjustment.

Which sections of the Income-tax Act were involved?

Section 28(iv),Section 143(3),Section 144C,Section 92CA

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI PRASHANT MAHARISHI & SHRI SOUNDARARAJAN K.

For Appellant: Shri Padam Chand Khincha, CA
For Respondent: Shri Shashi Saklani, CIT(DR)(ITAT), Bengaluru
Hearing: 16.09.2025Pronounced: 11.12.2025

Per Prashant Maharishi, Vice President

1.

IT(TP)A No.1859/Bang/2024 is filed by AMD India Private Ltd. (the assessee/appellant) for the assessment year 2013-14 against the appellate order passed by the CIT(Appeals), Bengaluru-12 [ld. CIT(A)] dated 31.7.2024 [ld. CIT(A)]wherein the appeal filed by

The order continues below.

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