BORGWARNER EMISSIONS SYSTEMS INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-4(2), DELHI
What did the Tribunal hold?
The tribunal held that the factum of rendering of services by the Associated Enterprises (AEs) was proved, and the principle of consistency was violated as the AO deviated from previous years' orders without proper justification. The tribunal also found merit in the assessee's contention regarding the incorrect computation of the Arm's Length Price (ALP) for royalty payments.
What were the facts?
The assessee, Borgwarner Emissions Systems India Private Ltd., challenged additions made by the Assessing Officer (AO) concerning transfer pricing adjustments for Business Support Services (BSS), Technical Support Services (TSS), and Royalty payments for AY 2013-14. This was the second round of litigation before the tribunal.
What were the issues?
The key issues were whether the services (BSS and TSS) were actually availed, whether transactions should be aggregated or segregated for benchmarking, and whether the ALP for royalty was correctly determined, considering consistency with prior years and the inclusion of landed costs.
Which sections of the Income-tax Act were involved?
Section 92CA,Section 271(1)(c),Section 234A,Section 234B,Section 234C,Section 234D,Section 92F,Section 92C
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Cases cited in this judgment(7)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Radhasoami Satsang v. CIT1,695 citing193 ITR 321 · 1992 · SC
- CIT v. EKL Appliances Ltd.422 citing345 ITR 241 · 2012 · HC · Read judgment
- CIT v. Cushman & Wakefield (India) (P.) Ltd.120 citing367 ITR 730 · 2014 · HC · Read judgment
- 468 (Delhi), Yanfeng India Automotive Interior Systems (P.) Ltd. v. JCIT14 citing137 Taxmann.com 369 · 2022
- (supra). In Avery Dennison (India) Pvt. Ltd. v. ACIT14 citing145 Taxmann.com 468 · 2022 · HC
- LG Electronics India (P.) Ltd. v. ACIT6 citing52 Taxmann.com 240 · 2017 · HC
- DCIT v. Govind Rubber (P) Ltd.4 citing143 ITD 87 · ITAT
Income Tax Appellate Tribunal, DELHI BENCH “I” DELHI
Before: SHRI PRADIP KUMAR KEDIA & SHRI NARINDER KUMAR
Result
In view of the above discussion and findings, the impugned assessment based on the observations and findings recorded by Ld. TPO and by Ld. DRP deserves to be set aside.
Consequently, this appeal is allowed. 40 File be consigned to the record room, after the needful is done by the office.
Order pronounced in the open Court on 29/08/2024
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- Airmeet Networks Private Limited, Bengaluru vs Assessing Officer, BengaluruITA 1487/BANG/2026[2022-23]Status: Disposed29 Sept 2026AY 2022-23
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