2417 Customer (P.) Ltd. v. Dy. CIT

140 ITD 344Income Tax Appellate Tribunal2013#5189 most cited

What is 2417 Customer (P.) Ltd. v. Dy. CIT authority for?

Companies with related party transactions (RPT) up to 15% of total revenues can be considered comparable in transfer pricing analysis, especially when there is a lack of other comparables.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2021.

Also referred to as

2417 Customer (P.) Ltd. v. Dy. CIT · ITAT · transfer pricing · comparable companies · RPT · related party transactions · 15% revenue threshold

Judgments citing 2417 Customer (P.) Ltd. v. Dy. CIT

Novell Softeare Development (India) Private Limited, Bangalore vs. DCIT, Bangalore

In the result the appeal by the Assessee and the Revenue are partly allowed

ITA 1047/BANG/2011[2005-06]Status: DisposedITAT Bangalore13 Feb 2015AY 2005-06

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

For Appellant: Shri T. Suryanarayan, AdvocateFor Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 92Section 92CSection 92E

…IT(TP)A Nos.1105 & 1047/Bang/2011 Page 21 of 25 Assessee thus submitted that the assessee is eligible for an adjustment in respect of depreciation. 32. The learned DR relied on the observations of the Tribunal in the case of 24/7 Customer Care.com Pvt.Ltd. 140 ITD 344 (Bang.) wherein the Tribunal has made observations on when adjustment on account of different accounting policies being followed by comparable companies can be considered for adjustment in the matter of determination of ALP. 33. We have given a very careful consideration to the rival submissions. In the case of E-gain communication Pvt.Ltd. (sup…

DCIT, Bangalore vs. M/S Novell Software Development (India)Pvt. Ltd., Bangalore

In the result the appeal by the Assessee and the Revenue are partly allowed

ITA 1105/BANG/2011[2005-06]Status: DisposedITAT Bangalore13 Feb 2015AY 2005-06

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

For Appellant: Shri T. Suryanarayan, AdvocateFor Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 92Section 92CSection 92E

…IT(TP)A Nos.1105 & 1047/Bang/2011 Page 21 of 25 Assessee thus submitted that the assessee is eligible for an adjustment in respect of depreciation. 32. The learned DR relied on the observations of the Tribunal in the case of 24/7 Customer Care.com Pvt.Ltd. 140 ITD 344 (Bang.) wherein the Tribunal has made observations on when adjustment on account of different accounting policies being followed by comparable companies can be considered for adjustment in the matter of determination of ALP. 33. We have given a very careful consideration to the rival submissions. In the case of E-gain communication Pvt.Ltd. (sup…