AWB India (P.) Ltd. v. Dy. CIT

152 ITD 770Income Tax Appellate Tribunal2015#16856 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2019.

Judgments citing AWB India (P.) Ltd. v. Dy. CIT

IPSOS RESEARCH P. LTD,MUMBAI vs. ASST CIT 10(1)(2), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 1361/MUM/2017[2012-13]Status: DisposedITAT Mumbai11 Dec 2019AY 2012-13

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm M/S Ipsos Research Pvt. Vs. Acit-2(2)(1), Mumbai Ltd. (In Which Synovate India Private Limited Has Been Amalgamated), Lotus Corporate Park, Unit No.1701, 17Th Floor, F Wing, Off Western Express Highway, Goregaon (East), Mumbai-400063 Pan No.Aaace 1157 B (Appellant) .. (Respondent) Assessee By Shri Nishant Thakkar/Jasmin Annalsadvals Revenue By Shri Manjunath K/Anand Mohan, Citdr Date Of Hearing 29/11/2019 Date Of Pronouncement 11/12/2019

Section 144C(1)Section 144C(5)

…not sit in judgment over the benefit claimed to have been received by the assessee from the services received by placing reliance on the following decisions in support of his proposition:- (a) McCann Erickson -24 taxmann.com 21 (Del) (b) AWB India (P) Ltd. - 152 ITD 770 (Del) (c ) Schneider Electric - 82 taxmann.com 364 (Ahd) (d) Sabic Innovative Plastics India Ltd. - 186 TTJ 214 (Ahd) The ld AR drew the attention of the bench to the relevant operative portion of the aforesaid decisions to drive home the point that the ld TPO cannot sit in the judgement over the benefit claimed to have been received by the asses…

SABIC INNOVATIVE PLASTICS INDIA PVT. LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the appeal is allowed in the terms indicated above

ITA 2730/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad08 Mar 2019AY 2013-14

Section 143(3)Section 92CSection 92D

…erceptions, divorced from ground realities of business, of the TPO. While on this issue, we may also refer to the following observations made by a coordinate bench of this Tribunal in the case of AWB India (P.) Ltd. v. Dy. CIT [2014] 50 taxmann.com 323/[2015] 152 ITD 770 (Delhi - Trib.) and which are equally applicable in the present context: 15. One of the very basic pre condition for use of CUP method is availability of the price of the same product and service in uncontrolled conditions. It is on this basis that ALP of the product or service can be ascertained. It cannot be a hypothetical or imaginary value b…

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

In the result, the appeal is dismissed

ITA 2785/DEL/2014[2005-06]Status: DisposedITAT Delhi23 Aug 2018AY 2005-06

Bench: Us Is An Indian Company, In Which 51% Equity Is Held By A German Company By The Name Of Globe Ground Deutschland Gmbh & The Remaining 49% Equity Is Held By An Indian Resident Individual In The Name Of Radha Bhatia. The Assessee Is Engaged In The Business Of Providing Ground & Passenger Handling Services To Airlines. The International Transactions Entered Into By The Assessee With Its Associated Enterprises Were

Section 143(3)

…ITA Nos. 2785/Del/14 Assessment year: 2005-06 Page 1 of 8 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI I-2 BENCH, NEW DELHI [Coram: Pramod Kumar AM and Sudhanshu Srivastava JM] ITA No. 2785/Del/14 Assessment year: 2005-06 Deputy Commissioner of Income Tax Ward 12 (1), New Delhi ………….……....Appellant Vs Globe Ground India Pvt Ltd ……………........Respondent E-9, Connaught House Connaught Place, New Delhi 110 001 [PAN: AAACG 8313 K] Appearances by Sanjay Kumar Yadav for the appellant Tarandeep Singh and Tarun Singh for the respondent Date of concluding the hearing : May 24, 2018 Date of pronouncing the order : Aug…

DCIT, BANGALORE vs. M/S ADCOCK INGRAM LIMITED, BANGALORE

In the result, both the appeals of the revenue are allowed for statistical purposes

ITA 1039/BANG/2015[2009-10]Status: DisposedITAT Bangalore31 Jan 2018AY 2009-10

Bench: Shri. Jason P. Boaz

For Appellant: Shri. Vishnu Bagri, CAFor Respondent: Shri. Harinder Kumar, CIT - DR

Section 92B

…will be more appropriate a method of ascertaining the arm's length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India (P.) Ltd. v. Dy. CIT [2015] 152 ITD 770, has observed as follows: "11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to appreciate the business model and business realities of the appellant and role of its AE, while conducting the economic analy…

L.K. INDIA PVT. LTD. ( CURRENTLY KNOWN AS SCHNEIDER ELECTRIC INDIA PVT. LTD.),BARODA vs. THE DY.CIT, CIRCLE-1(2),, BARODA

In the result, the appeal is allowed in the terms indicated above

ITA 209/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad31 May 2017AY 2009-10

Section 143(3)

…e will be more appropriate a method of ascertaining the arm's length price, the TNMM cannot be discarded. Dealing with almost a similar situation, as we are in seisin of, a coordinate bench of this Tribunal, in the case of AWB India (P.) Ltd v. Dy. CIT [2015] 152 ITD 770, has observed as follows: "11. In ground nos. 5 to 9, which we will take up together, the assessee has raised the following grievances: 5. That, on the facts and circumstances of the case, the DRP and TPO/AO have failed to appreciate the business model and Assessment Year: 2009-10 Page 12 of 16 business realities of the appellant and role of its…