ACIT v. MSS India (P) Ltd.

TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

In the result, the appeal of the assessee is allowed partly for the statistical purposes

Bench: Shri O.P. Kant & Shri. K. N. Chary[Through Video Conferencing] Assessment Year: 2014-15

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘I-2’ NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI. K. N. CHARY, JUDICIAL MEMBER [Through Video Conferencing] Assessment Year: 2014-15 TRL Riceland Pvt. Ltd. Vs. Addl. CIT, Special Range-9 (formerly known as M/s. New Delhi Tilda Riceland P. Ltd.), Eros Corporate Towers, Level-15, Nehru Place, New Delhi PAN No. AAACU0649N (Appellant) (Respondent) Appellant by Sh.Nageshwar Rao, Advocate Respondent by Sh. Sukesh Kumar Jain, CIT DR Date of hearing 23.09.2021 Date of pronouncement 17.11.2021 ORDER PER O.P. KANT, AM: This Appeal by the assessee is…

ROXTEC INDIA PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE- 21(2), NEW DELHI

In the result, the appeal of the assessee is allowed in part and for statistical purposes

Bench: Shri Anil Chaturvedi & Shri K. Narasimha Charyassessment Year: 2013-14

…juncture we deem it necessary to look at the observations of the Tribunal in assessees own case for the assessment year 2012-13, and such observations run thus,- 11. The assessee has relied upon the decision of ACIT versus MSS India (private) Ltd reported at 123 TTJ 657 to support its case. We have carefully considered the facts in that case wherein the method adopted by the assessee was cost plus method and against which the learned transfer pricing officer adopted transactional net margin method. On careful perusal of the facts of that decision, they are distinct from the facts before us. In that case the asse…

RFS INDIA TELECOM PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) Rfs India Telecom Pvt. Vs. Acit Ltd. Circle – 21(1), E-8/1, Lower Ground Floor New Delhi Near Geeta Bhawan Mandir, Malviya Nagar Pan No. Aadcr 5389 R (Appellant) (Respondent) Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agarwal, Adv. Revenue By Shri Anupam Kant Garg, Cit-D.R. Date Of Hearing: 04/11/2020 Date Of Pronouncement: 11/11/2020 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of The Assessing Officer U/S 143(3)/ 144C/ 92Ca(4) Of The Act, 1961, Pursuant To The Directions Given By The Drp, Passed U/S 144C(5) Of The Income-Tax Act, 1961 Dated 19.12.2016 Relating To Assessment Year 2012-13. Rfs India Telecom Pvt. Ltd. Vs. Acit A.Y. 2012-13 2 2. The Relevant Facts As Culled From The Material On Records Are As Under:

…com 203], Delhi Tribunal in the case of Nokia (India) Pvt. Ltd.(ITA No.242/Del/2010) and Videojet Technologies (I) P Ltd Vs ACIT (ITA No 6956/Mum/2012). 17. We further find that the Pune Benches of the Tribunal in the case of ACIT vs MSS India Pvt Ltd ((2009) 123 TTJ 657 (Pune) has observed as under: "While there is no particular order or priority of methods which the assessee must follow, and no method can invariability be considered to be more reliable than others, on a conceptual note, transactional profit methods (i.e. Transactional Net Margin Method and Profit Split Method) are treated as methods of last res…

ROXTEC INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishiroxtec India Pvt. Ltd, Vs. Acit, 308, Hemkunt Chambers, Central Circle-21(2), 89, Nehru Place, New Delhi New Delhi Pan: Aadcr1329K (Appellant) (Respondent)

…tation in holding that A was rightly held as a manufacturer by the TPO which culminated in the rejection of the RPM. Accordingly ground number two is dismissed.” 11. The assessee has relied upon the decision of ACIT versus MSS India (private) Ltd reported at 123 TTJ 657 to support its case. We have carefully considered the facts in that case wherein the method adopted by the assessee was cost plus method and against which the learned transfer pricing officer adopted transactional net margin method. On careful perusal of the facts of that decision, they are distinct from the facts before us. In that case the asse…

TOPCON SOKKIA INDIA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 25(2), NEW DELHI

In the result, the appeal filed by the assessee is allowed

Bench: Sh. Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Assessment Year: 2014-15 Topcon Sokkia India Pvt. Vs. Dcit Ltd., Unit No.101 To 106A, Circle- 25 (2) Abw Tower, 1St Floor, New Delhi Mg Road, Iffco Chowk, Sector-25, Gurgaon, Haryana – 122 001 Pan No. Aaccs 9107 K (Appellant) (Respondent) Appellant By Sh. Neeraj Jain, Adv. Sh. Ramit Katyal, C.A. Respondent By Sh. M. Barhwal, Sr. D.R. Date Of Hearing: 23/06/2020 Date Of Pronouncement: 29/06/2020 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.10.2018 Passed By The Dcit, Circle 25(2) New Delhi Pursuant To The Directions Of Drp, Relating To Assessment Year 2014-15. 2. The Relevant Facts As Culled From The Material On Records Are As Under:

…com 203], Delhi Tribunal in the case of Nokia (India) Pvt. Ltd.(ITA No.242/Del/2010) and Videojet Technologies (I) P Ltd Vs ACIT (ITA No 6956/Mum/2012). 17. We further find that the Pune Benches of the Tribunal in the case of ACIT vs MSS India Pvt Ltd ((2009) 123 TTJ 657 (Pune) has observed as under: “While there is no particular order or priority of methods which the assessee must follow, and no method can invariability be considered to be more reliable than others, on a conceptual note, transactional profit methods (i.e. Transactional Net Margin Method and Profit Split Method) are treated as methods of last res…

DCIT, NEW DELHI vs. M/S JSL LTD.,, HISAR

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

…s no good reason why they should not be applied in transfer pricing determination in India. ………XX…..XX……XX…...‖ (emphasis supplied) Reliance is also placed on the decision of the Hon‘ble Pune Bench of the Tribunal in the case of ACIT vs. MSS India (P) Ltd.: 123 TTJ 657, wherein, the appellant had determined the arm‘s length price of the international transactions with associated enterprise applying CUP/ Cost Plus method. In that case, the appellant had in respect of the international transaction of import of raw materials, applied CUP method by comparing the prices of import on the basis of London Metal Exchang…

JINDAL STAINLESS LTD.,HISAR vs. DCIT, NEW DELHI

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

…s no good reason why they should not be applied in transfer pricing determination in India. ………XX…..XX……XX…...‖ (emphasis supplied) Reliance is also placed on the decision of the Hon‘ble Pune Bench of the Tribunal in the case of ACIT vs. MSS India (P) Ltd.: 123 TTJ 657, wherein, the appellant had determined the arm‘s length price of the international transactions with associated enterprise applying CUP/ Cost Plus method. In that case, the appellant had in respect of the international transaction of import of raw materials, applied CUP method by comparing the prices of import on the basis of London Metal Exchang…

MESSE DUESSELDORF INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri B.P. Jain & Shri Kuldip Singh

…e TNMM under Second Proviso to section 92C (2) by ld. TPO/DRP is concerned, the ld. AR for the taxpayer relied upon the decision rendered by the Tribunal in case cited as (i) Sony India (P) Ltd. vs. DCIT – 315 ITR (AT) 150; (ii) ACIT vs. MSS India (P) Ltd.- 123 TTJ 657, (iii) M/s. Adobe Systems India Pvt. Ltd. vs. ACIT in ITA No.5043/Del/2010 dated 21.01.2011 and M/s. Symantec Software Consultants vs. ACIT in ITA No.7894/2010 dated 31.05.2011. 17. However, on the other hand, ld. DR for the Revenue relied upon the decision rendered by Special Bench of the Tribunal in IHG IT Services (India) (P.) Ltd. vs. ITO,…

M/S. GRUNER INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2011-12

…n decided by the Special Bench by holding that availability of exemption u/s 10A to the assessee is no bar to applicability of sections 92C and 92CA. Similar view has been taken by Pune Bench of the Tribunal in the case of ACIT vs. MSS India (P) Ltd. (2009) 123 TTJ 657 (Pune) and several other 31 orders. The reliance of the ld. AR on the order of the Mumbai Bench of the Tribunal in the case of DCIT vs. Tata Consultants Services Ltd. (ITA No. 7513/M/2010) dated 4.11.2015, in our considered opinion is misconceived, because, in that case, the Tribunal primarily found that the AO erred in not himself examining th…

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2008-09

…n decided by the Special Bench by holding that availability of exemption u/s 10A to the assessee is no bar to applicability of sections 92C and 92CA. Similar view has been taken by Pune Bench of the Tribunal in the case of ACIT vs. MSS India (P) Ltd. (2009) 123 TTJ 657 (Pune) and several other orders referred to on page 5 of the TPO’s order. The reliance of the ld. AR on the order of the Mumbai Bench of the Tribunal in the case of DCIT vs. Tata Consultants Services Ltd. (ITA No. 7513/M/2010) dated 4.11.2015, in our considered opinion is misconceived, because, in that case, the Tribunal primarily found that t…