Which sections of the Income Tax Act does Aztec Software & Technologies Services Ltd. v. Asstt. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 144C(13), Section 144C(5), Section 234C, Section 32(1)(ii), Section 37(1).

Aztec Software & Technologies Services Ltd. v. Asstt. CIT

Q: How many judgments cite Aztec Software & Technologies Services Ltd. v. Asstt. CIT?

90 judgments on BharatTax cite Aztec Software & Technologies Services Ltd. v. Asstt. CIT (107 ITD 141), spanning 2013 to 2026.

107 ITD 141Income Tax Appellate Tribunal2007#1277 most cited

What is Aztec Software & Technologies Services Ltd. v. Asstt. CIT authority for?

The Comparable Uncontrolled Price (CUP) method requires strict comparability conditions between associated enterprise (AE) and non-AE transactions for benchmarking; if these conditions are not met, other transfer pricing methods like the Transactional Net Margin Method (TNMM) may be more appropriate.

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2013 to 2026.

Also referred to as

Aztec Software · 107 ITD 141 · section 92C(2) · section 92(1) · Comparable Uncontrolled Price method · CUP method applicability · Transactional Net Margin Method · TNMM appropriateness · benchmarking analysis · transfer pricing methods

Also reported as

162 Taxmann 119

Sections most often in play

Section 143(3)Section 144C(13)Section 144C(5)Section 234C Section 32(1)(ii)Section 37(1)Section 92C(2)Section 10A

Issues it is cited on

section 10b(8)section 132(1)(a)section 92f(ii)section 92(1)purposive interpretation section 92c(2)cost plus method section 43a functional analysis section 92f benchmarking analysis r&d expenditure

Judgments citing Aztec Software & Technologies Services Ltd. v. Asstt. CIT

GE INDIA EXPORTS PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

ITA 293/BANG/2016[2011-12]Status: DisposedITAT Bangalore27 Jan 2026AY 2011-12

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Sachit Jolly, Sr. Advocate & Ms. ViyushtiFor Respondent: Dr. KJ Divya, CIT (DR)

Section 143(3)Section 144C(5)Section 254

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN K, JUDICIAL MEMBER IT(TP)A No. 253/Bang/2016 Assessment Year: 2011-12 The Dy. Commissioner of Income Tax, Vs. M/s GE India Export Pvt. Ltd., Circle – 3(1)(2), 42/1 & 45/14 Electronic City, Bangalore. Phase – II, Bangalore – 560 100. PAN – AABCG 1257 B APPELLANT RESPONDENT IT(TP)A No. 293/Bang/2016 Assessment Year: 2011-12 M/s GE India Export Pvt. Ltd., Vs. The Dy. Commissioner of 42/1 & 45/14 Electronic City, Income Tax, Phase – II, Circle – 3(1)(2), Bangalore – 560 100. Bangalore. PAN…

DCIT, BANGALORE vs. M/S GE INDIA EXPORT PVT. LTD.,, BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

ITA 253/BANG/2016[2011-12]Status: DisposedITAT Bangalore27 Jan 2026AY 2011-12

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Sachit Jolly, Sr. Advocate & Ms. ViyushtiFor Respondent: Dr. KJ Divya, CIT (DR)

Section 143(3)Section 144C(5)Section 254

SPECTRIS TECHNOLOGIES PVT. LTD.,GURGAON vs. ITO, NEW DELHI

In the result, this appeal is partly allowed

ITA 3742/DEL/2015[2009-10]Status: DisposedITAT Delhi07 Jan 2026AY 2009-10

Bench: Shriyogesh Kumar Us & Shrisanjay Awasthiआ.अ.सं/.I.T.A No.3742/Del/2015 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Spectris Technologies P. Ltd. Income Tax Officer, 201-B, Second Floor, Vs. Ward-9(1), Park Centra, Sector-30, New Delhi. Gurgaon. Pan No.Aagcs6654R अपीलाथ" Appellant ""यथ"/Respondent

Section 250Section 92

…hich may be extracted as under: - “After perusal of facts of the instant case and decisions relied upon, reliance is placed upon decision of 5 Member Special Bench of Hon’ble ITAT in the case of Aztec Software and Technology Services Limited vs. ACIT (2007), 107 ITD 141 (Bang.) (SB) (copy of relevant part enclosed), wherein it has been held that……….. Thus, as per above mentioned binding decision of Special Bench of ITAT, adjustments made by the TPO on account of ALP in the instant case can be deleted in present proceedings only if the Hon’ble Bench is satisfied and records a finding fault with the transfer price…

SCHNEIDER ELECTRIC IT BUSINESS INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-6(1)(1), BANGALORE

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

ITA 1585/BANG/2024[2020-21]Status: DisposedITAT Bangalore04 Dec 2025AY 2020-21

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2020-21

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Dr Divya K J, CIT(DR)(ITAT), Bengaluru

Section 143(3)Section 14ASection 80G

…ty bound to show that material difference does not exits and those difference does not impact the ALP and if no such adjustments is made , it would produce reliable results. This whole exercise is missing in the TPO order and Ld DRP Directions. 12. In [2007] 107 ITD 141 (BANG.)(SB) , special bench of ITAT has held that "127. Having regard to above statutory provisions, it is clear that burden to establish that international transaction was carried at ALP is Page 6 of 8 on the taxpayer. He has also to furnish comparable transactions, apply appropriate method for determination of ALP and justify the same by produ…

DSV AIR & SEA PRIVATE LIMITED,MUMBAI vs. ACIT, CIRLE-3(1)(1), MUMBAI

In the result, this ground of appeal is allowed for statistical purpose

ITA 3653/MUM/2024[2020-21]Status: DisposedITAT Mumbai21 Nov 2025AY 2020-21

Bench: Shri Pawan Singh& Smt.Renu Jauhri(Physical Hearing)

Section 143(3)Section 144C(13)Section 144C(5)Section 153Section 253Section 254(1)Section 92CSection 92C(3)

…e given case but functions auxiliary are being compared. To support his submission relied 11 ITA 3653/Mum/2024 DSV AIR & SEA PRIVATE LIMITED on the decision of Special Bench of Tribunal in case of Aztee Software & Technology Services Ltd. reported in (207) 107 ITD 141 wherein the bench held that TNMM requires establishing comparability at a broad functional level. It requires comparison between net margins derived from the operation of the uncontrolled parties and net margin derived by an associated enterprise on similar operation. In Pino Bisazza Glass (P) Ltd. vs ACIT in ITA No. 1690/Ahd/2010 held that un…

M/S GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT,, NEW DELHI

ITA 2539/DEL/2017[2005-06]Status: DisposedITAT Delhi16 Jul 2025AY 2005-06

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non-AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP me…

GUJARAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 5358/DEL/2010[2006-07]Status: DisposedITAT Delhi16 Jul 2025AY 2006-07

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

GUJRAT GUARDIAN LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 4856/DEL/2010[2004-05]Status: DisposedITAT Delhi16 Jul 2025AY 2004-05

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singhsl.No. Ita No. Filed By Assessee/Revenue Assessment Year Authority Passing The Order

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

ACIT, NEW DELHI vs. M/S GUJARAT GUARDIAN LTD., NEW DELHI

ITA 4791/DEL/2010[2004-05]Status: DisposedITAT Delhi16 Jul 2025AY 2004-05

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

ITA 159/DEL/2010[2003-04]Status: DisposedITAT Delhi16 Jul 2025AY 2003-04

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

Section 92C

GUJARAT GUARDIAN LTD.,,NEW DELHI vs. DCIT, NEW DELHI

ITA 158/DEL/2010[2002-03]Status: DisposedITAT Delhi16 Jul 2025AY 2002-03

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

DCIT, NEW DELHI vs. M/S. GUJRAT GUARDIAN LTD., NEW DELHI

ITA 157/DEL/2010[2003-04]Status: DisposedITAT Delhi16 Jul 2025AY 2003-04

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

DCIT, NEW DELHI vs. M/S GUJRAT GUARDIAN LTD.,, NEW DELHI

ITA 4859/DEL/2009[2002-03]Status: DisposedITAT Delhi16 Jul 2025AY 2002-03

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

M/S ESSAR SHIPPING LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5(1)(1) , MUMBAI

In the result, ground no. 5 raised by the assessee is dismissed

ITA 4440/MUM/2024[2020-21]Status: DisposedITAT Mumbai16 May 2025AY 2020-21

Section 143(2)Section 144Section 144C(1)Section 41Section 92B(2)Section 92C

…eference shares. The Hon'ble DRP relied on the decision of the\ncoordinate bench in the case of Aztec Software & Technology Services Ltd. v.\nAssistant Commissioner of Income-tax, Circle 11(1), Bangalore, [2007] 162 Taxman\n119 (Bangalore - Trib.) (SB)/[2007] 107 ITD 141 (Bangalore - Trib.) (SB)\n(12.07.2007), wherein it was held that in the failure on the part of the assessee to benchmark\nthe transaction, the ld. TPO can benchmark the same with the available information at hand.\n17. On the above facts of the issue, it is settled preposition of law that the corporate guarantee is\nto be treated as an internatio…

SHREE CHANDI MAA MAHAKALI PRACHIN MANDIR SIDH PEETH SAMITI,SONIPAT vs. CPC, BANGLORE

ITA 4791/DEL/2024[2022-23]Status: DisposedITAT Delhi07 Jan 2025AY 2022-23

Bench: Shri Prakash Chand Yadav & Shri Brajesh Kumar Singh

For Appellant: Shri Ajay Vohra, Sr. A.RFor Respondent: Shri Bhopal Singh, Sr. D.R

Section 92C

…s nature of product/service, quantity volume involved, market conditions, geographical market timing of the transaction and alternative commercial arrangements. The ld. CIT(A) referred to the judgement of Aztech Software, Special Bench, Delhi ITAT reported in 107 ITD 141 and called for such instances of the sale transactions( which fulfills all the conditions for CUP method), from the assessee in respect of sales made to AEs and non- AEs in the same country and in the same month were made by the assessee. Thereafter, the ld. CIT(A) found that only in 4 cases, the transactions can be bench marked by applying CUP m…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &

Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…onstitute a valuable and convenient commentary on the subject. They are not binding but surely their rational and articulacy requires cogitation, if not acceptance, when warranted. 4.5 Further, in Aztec Software & Technology Services Ltd. – vs.- ACIT [(2007) 107 ITD 141 (BANG.) (SB- Tri)] it has been held that although India is not a Member of the Organization for Economic Cooperation & Development (OECD). However, the organization has been supporting efforts of tax administration in India to properly and effectively administer and implement Transfer Pricing Policy. A useful reference can always be made to OECD…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &

Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 152/JPR/2023[2014-15]Status: DisposedITAT Jaipur07 Aug 2023AY 2014-15

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Shah, CAFor Respondent: Shri Arvind Kumar, CIT

Section 115JSection 250Section 32(1)(ii)Section 80Section 80I

…onvenient commentary on the subject. They are not binding but surely their rational and articulacy requires cogitation, if not acceptance, when warranted. Shree Cement Limited, Beawar. Further, in Aztec Software & Technology Services Ltd. – vs.- ACIT [(2007) 107 ITD 141 (BANG.) (SB- Tri)] it has been held that although India is not a Member of the Organization for Economic Cooperation & Development (OECD). However, the organization has been supporting efforts of tax administration in India to properly and effectively administer and implement Transfer Pricing Policy. A useful reference can always be made to OECD…

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

ITA 6560/MUM/2018[2014-15]Status: DisposedITAT Mumbai25 Jul 2023AY 2014-15

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

…e principles of transfer pricing. Method of determination of the arm’s-length price of an international transaction is to be computed according to section 92C (1) & (3) of the act. Special bench in this case in Aztec Software & Technology Services Ltd. [2007] 107 ITD 141 (BANG.)(SB) affirmed by honourable Karnataka High Court in [2012] 23 taxmann.com 413 (Karnataka)/[2012] 209 Taxman 187 has clearly held as under:- “133. Having regard to the statutory provisions, particularly the mandate of sections 92(1) and 92D read with relevant rules, we hold that it is obligatory on the part of the taxpayer to furnish infor…

GREAVES COTTON LTD,MUMBAI vs. ASST CIT CIR 7(1)(1), MUMBAI

In the result appeal for assessment year 2012 –

ITA 7166/MUM/2017[2013-14]Status: DisposedITAT Mumbai25 Jul 2023AY 2013-14

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

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