TPR AUTOPARTS MFG INDIA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 25(2), NEW DELHI
In the result, the appeal filed by the assessee is partly allowed for statistical purposes
ITA 4744/DEL/2017[2011-12]Status: DisposedITAT Delhi13 Dec 2019AY 2011-12
Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2011-12 Tpr Autoparts Mfg. India Pvt. Ltd., Vs Dcit, Mayur Batra & Co., Ca, Circle-25(2), 7, Barakhamba Road, New Delhi. New Delhi. Pan: Aacct9433D (Appellants) (Respondents) Assessee By : Shri C.S. Aggarwal, Sr. Advocate Deptt. By : Shri H.K. Choudhary, Cit, Dr & Ms Nidhi Sharma, Sr. Dr Date Of Hearing : 17.09.2019 Date Of Pronouncement : 13.12.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th December, 2016 Of The Cit(A)-44, New Delhi, Relating To The Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Company Is A Wholly Owned Subsidiary Of M/S Teikoku Piston Ring Co. Ltd. (Japan). It Had Been Incorporated On 27.03.2008 With The Main Object To Carry On The Business To Manufacture, Export, Buy & Sell & Otherwise Deal In ‘Moulded’ Automobile Products I.E. Piston Rings, Cylinder Liners, Valve Seat Rings & Other Automotive Parts. It Is The Third Year Of Its Existence, Though Effectively It Is The Second Year Of Production After Its Set Up & Commencement Of Business In The Fy 2009-10. It Filed Its Return Of Income On 29.11.2011 Declaring A Loss Of Rs.6,45,23,822/-. Since The Assessee Had Entered Into Certain International Transactions With Its Aes, The Assessing Officer Referred The Matter To The Transfer Pricing Officer U/S 92Ca Of The Act For Determination Of The Arm’S Length Price Of Such International Transactions. The Tpo, During The Course Of Tp Assessment Proceedings, Observed That The Assessee Company Has Undertaken The Following International Transactions With Its Aes:- No. Nature Of Transaction Method Amount (In Rs.) Purchase Of Raw 1 5,85,47,963 Materials/Assets/Spares Tnmm Payment Of Royalty 76,32,183 2 Tnmm 3 Reimbursement Of Expenses To Ae 9,14,253 -
For Appellant: Shri C.S. Aggarwal, Sr. Advocate
Section 92C
…(P.) Ltd reported in [2019] 107 taxmann.com 423 (Pune - Trib.) (v) CIT vs. Tupperware India (Pvt.) Ltd. [2015] 53 Taxmann.com 232 (Delhi) 12 CIT vs. Malerkotls Steels & Alloys (P) Ltd. [2011] 336 ITR 49 (P&H) (vii) CIT vs. Aditya Ferro Alloys (P) Ltd. [2014] 36 ITR 490 (Madras) (viii) CIT vs. Jagatjit Industries Ltd. [2000] 241 ITR 556 (Delhi) (ix) CIT vs. Super Cassettes Industries Ltd. in ITA NO. 171/2010 dated. 17.10.2011 (Del) (x) CIT vs. Sunbeam Auto Ltd. [2018] 89 taxmann.com 191(Delhi) (xi) Empire Jute Co. Ltd. vs. CIT reported in 124 ITR 1(SC) 14. The ld. DR, on the other hand, has heavily relied on the…
