ACIT v. MSS India Ltd.

25 DTR 1Reported decision2009#20093 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2017 to 2021.

Judgments citing ACIT v. MSS India Ltd.

The Dy.CIT., Circle-2(1)(1), Ahmedabad vs. Inductotherm (India) Private Ltd., Ahmedabad

In the result, the appeal of the revenue is dismissed

ITA 975/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad23 Sept 2021AY 2012-13
For Appellant: Shri Dhanesh Bafna, A.RFor Respondent: Shri Purshottam Kumar, Sr. D.R
Section 143(2)Section 143(3)Section 40

…y the virtue of 92A(2)(g), the entities paying and receiving royalties become AEs. It is only elementary that a transaction between the AEs can never be a valid CUP input. If needed, authority for this proposition is contained in AC1T Vs MSS India Ltd [(2009) 25 DTR 1 (Pune)l, ACIT Vs Technimont iCB India Pvt Ltd [(2012) 75 DTR 259 (Mum)] and Sabic Innovative Plastics India Ltd Vs DC1T [(2013) 90 DTR 203 (And)]. What the TPO has adopted to be an ALP is essentially on the basis of intra AE transactions but in the scheme of CUP analysis such an approach is not permissible. The approach adopted by the authorities be…

Inductotherm (India) Private Ltd., Ahmedabad vs. The Dy.CIT., Circle-2(1)(1), Ahmedabad

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

ITA 243/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad24 May 2017AY 2010-11

…y the virtue of 92A(2)(g), the entities paying and receiving royalties become AEs. It is only elementary that a transaction between the AEs can never be a valid CUP input. If needed, authority for this proposition is contained in ACIT Vs MSS India Ltd [(2009) 25 DTR 1 (Pune)], ACIT Vs Technimont ICB India Pvt Ltd [(2012) 75 DTR 259 (Mum)] and Sabic Innovative Plastics India Ltd Vs DCIT [(2013) 90 DTR 203 (Ahd)]. What the TPO has adopted to be an ALP is essentially on the basis of intra AE transactions but in the scheme of CUP analysis such an approach is not permissible. The approach adopted by the authorities be…

Inductotherm (India) Private Ltd., Ahmedabad vs. The Dy.CIT., Circle-4, Ahmedabad

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

ITA 671/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad24 May 2017AY 2009-10

…yalties become AEs. It is only elementary that a transaction between the AEs can never be a valid CUP input. If needed, authority for this proposition is contained in ACIT Vs MSS India Ltd [(2009) 25 DTR 1 (Pune)], ACIT Vs Technimont ICB India Pvt Ltd [(2012) 75 DTR 259 (Mum)] and Sabic Innovative Plastics India Ltd Vs DCIT [(2013) 90 DTR 203 (Ahd)]. What the TPO has adopted to be an ALP is essentially on the basis of intra AE transactions but in the scheme of CUP analysis such an approach is not permissible. The approach adopted by the authorities below is thus wholly devoid of legally sustainable merits. There…

Inductotherm (India) Private Ltd., Ahmedabad vs. The Jt.CIT., Range-4, Ahmedabad

In the result, the assessee’s appeal for the assessment year 2011-12 is also partly allowed in the terms indicated above

ITA 2609/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad24 May 2017AY 2008-09

…yalties become AEs. It is only elementary that a transaction between the AEs can never be a valid CUP input. If needed, authority for this proposition is contained in ACIT Vs MSS India Ltd [(2009) 25 DTR 1 (Pune)], ACIT Vs Technimont ICB India Pvt Ltd [(2012) 75 DTR 259 (Mum)] and Sabic Innovative Plastics India Ltd Vs DCIT [(2013) 90 DTR 203 (Ahd)]. What the TPO has adopted to be an ALP is essentially on the basis of intra AE transactions but in the scheme of CUP analysis such an approach is not permissible. The approach adopted by the authorities below is thus wholly devoid of legally sustainable merits. There…

ACIT v. MSS India Ltd. (25 DTR 1) — Cited in 4 Judgments | BharatTax