CIT v. Firestone International (P.) Ltd.

378 ITR 558High Court2015#4997 most cited

What is CIT v. Firestone International (P.) Ltd. authority for?

Benchmarking of transactions for transfer pricing purposes should be done at a segmental level, considering combined book results of relevant units, rather than on a transaction-wise or entity-level basis, especially when units have merged.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Also referred to as

CIT v. Firestone International Pvt. Ltd. · 378 ITR 558 · Bom. · Benchmarking · Transfer Pricing · Segmental Level · Combined Book Results · Transaction Wise · Entity Level · Section 92B

Also reported as

60 Taxmann.com 235

Judgments citing CIT v. Firestone International (P.) Ltd.

FROST & SULLIVAN (INDIA) P.LTD,CHENNAI vs. DCIT (OSD) 8(1), MUMBAI

In the result, the appeal filed by the assessee is treated as allowed and the appeal of the revenue is dismissed

ITA 1124/MUM/2014[2009-10]Status: DisposedITAT Mumbai11 May 2022AY 2009-10
Section 143(3)Section 144C(13)Section 36(1)(vii)Section 40

…ra 25 to 28 of the said order of the Tribunal. In the said decision, the Tribunal granted relief to the assessee relying on the Jurisdictional High Court judgement in the case of CIT v. Firestone International (P.) Ltd. [2015] 60 taxman.com 235/234 Taxman 141/378 ITR 558 (Bom.). It is also discussed in the said decision of the Tribunal (supra), 14 Frost & Sullivan (India) Pvt. Ltd. the judgement of Bombay High Court (supra) was approved by the Hon'ble Supreme Court in the same case vide SLP(C)CC No.22512/2015 dated 05.01.2016. 21. On the other hand, ld. DR for the Revenue relied on the order of the Assessing Of…

VIVIMED LABS LIMITED,HYDERABAD vs. 500082 ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

ITA 189/HYD/2021[2017-18]Status: DisposedITAT Hyderabad12 Apr 2022AY 2017-18

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai – CIT DR
Section 143(3)

…thur regarding which it had sought to submit a combined audited results benchmarking the sale and purchase transactions. Ld. CIT-DR’s case is that the lower to be seen transaction wise than at entity level in light of CIT Vs. Firestone International Pvt. Ltd. 378 ITR 558 (Bom). We find no merit in the Revenue’s instant arguments in principle as once the above stated unit of Vivimid Labs (Althur) Limited had stood merged w.e.f. 01.04.2015 and the assessee had made its sale - purchase transactions covered under section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked t…

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX , HYDERABAD

ITA 188/HYD/2021[2016-17]Status: DisposedITAT Hyderabad12 Apr 2022AY 2016-17

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai – CIT DR
Section 143(3)

…thur regarding which it had sought to submit a combined audited results benchmarking the sale and purchase transactions. Ld. CIT-DR’s case is that the lower to be seen transaction wise than at entity level in light of CIT Vs. Firestone International Pvt. Ltd. 378 ITR 558 (Bom). We find no merit in the Revenue’s instant arguments in principle as once the above stated unit of Vivimid Labs (Althur) Limited had stood merged w.e.f. 01.04.2015 and the assessee had made its sale - purchase transactions covered under section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked t…

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

ITA 187/HYD/2021[2015-16]Status: DisposedITAT Hyderabad12 Apr 2022AY 2015-16

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai – CIT DR
Section 143(3)

…thur regarding which it had sought to submit a combined audited results benchmarking the sale and purchase transactions. Ld. CIT-DR’s case is that the lower to be seen transaction wise than at entity level in light of CIT Vs. Firestone International Pvt. Ltd. 378 ITR 558 (Bom). We find no merit in the Revenue’s instant arguments in principle as once the above stated unit of Vivimid Labs (Althur) Limited had stood merged w.e.f. 01.04.2015 and the assessee had made its sale - purchase transactions covered under section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked t…

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX 2(3), HYDERABAD

ITA 186/HYD/2021[2014-15]Status: DisposedITAT Hyderabad12 Apr 2022AY 2014-15

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Y.V.S.T. Sai – CIT DR
Section 143(3)

…thur regarding which it had sought to submit a combined audited results benchmarking the sale and purchase transactions. Ld. CIT-DR’s case is that the lower to be seen transaction wise than at entity level in light of CIT Vs. Firestone International Pvt. Ltd. 378 ITR 558 (Bom). We find no merit in the Revenue’s instant arguments in principle as once the above stated unit of Vivimid Labs (Althur) Limited had stood merged w.e.f. 01.04.2015 and the assessee had made its sale - purchase transactions covered under section 92B of the Act to its Spain based “AE”, the learned lower authorities ought to have benchmarked t…

VALUEMOMENTUM SOFTWARE SERVICES PRIVATE LIMITED ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE -17(2), HYDERABAD

Appeal is partly allowed in above terms

ITA 253/HYD/2021[2016-17]Status: DisposedITAT Hyderabad20 Oct 2021AY 2016-17

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

For Appellant: Shri H.SrinivasuluFor Respondent: Shri YVST Sai. (D.R.)
Section 143(3)

…te in this factual backdrop that instant issue of Chapter X computation to be restricted to the assessee's international transactions only is no more res integra in light of hon’ble Bombay high court decision in CIT Vs. Firestone International (P) Ltd. (2015) 378 ITR 558 (Bom). We thus decline Revenue’s vehement arguments supporting the learned lower authorities’ action computing the assessee's impugned ALP at entity level than only pertaining to its international transactions with the AEs involving an amount of Rs.78,13,59,281 in issue. We accordingly find prima facie merit in the assessee's instant foregoing ar…

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED (FORMERLY KNOWN AS IGATE GLOBAL SOLUTIONS LIMITED), M/S IGATE INFORMATION SERVICES PRIVATE LIMITED MERGED WITH IGATE GLOBAL SOLUTIONS LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(1), HYDERABAD

Appeal is partly allowed for statistical purposes in above terms

ITA 1308/HYD/2018[2008-09]Status: DisposedITAT Hyderabad27 Aug 2021AY 2008-09

Bench: Shri S.S. Godara & Shri L.P. Sahu

For Appellant: Shri A.V. Raghuram, ARFor Respondent: Sri Rohit Mujumdar, DR
Section 115Section 115JSection 154Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES : BENCH “B” HYDERABAD (Through Video Conference) BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER I.T.A. No. 1308/Hyd./2018 A.Y : 2008-09 M/s Capgemini Technology Services India Ltd. vs. ITO, Ward 2(1) Hyderabad Hyderabad [PAN: AACCA4255G] (Appellant) (Respondent) For Assessee: Shri A.V. Raghuram, AR For Revenue: Sri Rohit Mujumdar, DR Date of Hearing : 30/06/2021 Date of Pronouncement : 27/08/2021 O R D E R PER S.S. GODARA, J.M. This assessee’s appeal arises against the CIT(A)-1, Hyderabad’s order dated 26.02.2018 in ca…

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE vs. M/S. STAUFF INDIA PRIVATE LIMITED,, PUNE

In the result, appeal of the Revenue in ITA No

ITA 2391/PUN/2017[2013-14]Status: DisposedITAT Pune05 Mar 2021AY 2013-14

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1171/Pun/2017 नििाारण वषा / Assessment Year : 2012-13

For Appellant: Shri Nikhil PathakFor Respondent: Shri Mahadevan A.M. Krishnan
Section 92E

…No.9, the assessee contented that the TP adjustment has to be done restricting to the proportion of transaction with Associated Enterprises only. 33. We find that the Hon’ble Jurisdictional High Court in the case of CIT vs. Firestone International (P.) Ltd., 378 ITR 558 has held that TP adjustment needs to be restricted to the transaction with associated enterprises only. The ALP can be considered on value of international transaction alone and not on the entire turnover of the assessee. This judgment of Hon’ble Bombay High Court (supra) has attained finality by the Hon’ble Supreme Court in the same case vide SL…

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. STAUFF INDIA PVT.LTD,, PUNE

In the result, appeal of the Revenue in ITA No

ITA 1357/PUN/2017[2012-13]Status: DisposedITAT Pune05 Mar 2021AY 2012-13

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1171/Pun/2017 नििाारण वषा / Assessment Year : 2012-13

For Appellant: Shri Nikhil PathakFor Respondent: Shri Mahadevan A.M. Krishnan
Section 92E

…No.9, the assessee contented that the TP adjustment has to be done restricting to the proportion of transaction with Associated Enterprises only. 33. We find that the Hon’ble Jurisdictional High Court in the case of CIT vs. Firestone International (P.) Ltd., 378 ITR 558 has held that TP adjustment needs to be restricted to the transaction with associated enterprises only. The ALP can be considered on value of international transaction alone and not on the entire turnover of the assessee. This judgment of Hon’ble Bombay High Court (supra) has attained finality by the Hon’ble Supreme Court in the same case vide SL…

STAUFF INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, appeal of the Revenue in ITA No

ITA 1171/PUN/2017[2012-13]Status: DisposedITAT Pune05 Mar 2021AY 2012-13

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1171/Pun/2017 नििाारण वषा / Assessment Year : 2012-13

For Appellant: Shri Nikhil PathakFor Respondent: Shri Mahadevan A.M. Krishnan
Section 92E

…No.9, the assessee contented that the TP adjustment has to be done restricting to the proportion of transaction with Associated Enterprises only. 33. We find that the Hon’ble Jurisdictional High Court in the case of CIT vs. Firestone International (P.) Ltd., 378 ITR 558 has held that TP adjustment needs to be restricted to the transaction with associated enterprises only. The ALP can be considered on value of international transaction alone and not on the entire turnover of the assessee. This judgment of Hon’ble Bombay High Court (supra) has attained finality by the Hon’ble Supreme Court in the same case vide SL…

SEAWAYS SHIPPING AND LOGISTICS LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-3(1), HYDERABAD

ITA 1656/HYD/2018[2012-13]Status: DisposedITAT Hyderabad08 Feb 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2011-12 Dy. Commissioner Of Vs. Seaways Shipping & Income-Tax, Logistics Ltd., Circle – 3(1), Hyderabad. Hyderabad. Pan – Aadcs 0845B (Appellant) (Respondent) & Assessment Year: 2012-13 Seaways Shipping & Vs. Dy. Commissioner Of Logistics Ltd., Hyderabad. Income-Tax, Pan – Aadcs 0845B Circle – 3(1), Hyderabad. (Appellant) (Respondent) Assessee By: Shri Ajit Tolani Revenue By: Smt. Nivedita Biswas Shri Sunil Kumar Pandey Date Of Hearing: 27/01/2021 (Ita No. 57/H/16) 28/01/2021 (Ita No. 1656/H/18) Date Of Pronouncement: 08/02/2021 O R D E R Per Bench: This Revenue’S Appeal Ita 57/Hyd/2016 For Ay 2011- 12 Is Directed Against The Dcit, Circle – 3(1), Hyderabad’S

For Appellant: Shri Ajit TolaniFor Respondent: Smt. Nivedita Biswas
Section 143(3)Section 92C

…he international transactions in issue only or that of the entire activities involving the twin :- 6 -: ITA Nos.57/H/16 & 1656 /Hyd/18 Seaways Shipping and Logistics Ltd., Hyd. entities’ gross transactions. We quote CIT Vs. Firestone International (P.) Ltd. 378 ITR 558 (Bom.) and restore the instant issue of the correct arm’s length price of the assessee’s international transactions with its “A.Es” which deserves to be adjudicated afresh keeping in mind the said international transactions between them only. It is made abundantly clear before parting that there is no other dispute between the parties regarding t…

DCIT, CIRCLE-3(1), HYD, HYDERABAD vs. SEAWAYS SHIPPING & LOGISTICS LTD., HYD, HYDERABAD

ITA 57/HYD/2016[2011-12]Status: DisposedITAT Hyderabad08 Feb 2021AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2011-12 Dy. Commissioner Of Vs. Seaways Shipping & Income-Tax, Logistics Ltd., Circle – 3(1), Hyderabad. Hyderabad. Pan – Aadcs 0845B (Appellant) (Respondent) & Assessment Year: 2012-13 Seaways Shipping & Vs. Dy. Commissioner Of Logistics Ltd., Hyderabad. Income-Tax, Pan – Aadcs 0845B Circle – 3(1), Hyderabad. (Appellant) (Respondent) Assessee By: Shri Ajit Tolani Revenue By: Smt. Nivedita Biswas Shri Sunil Kumar Pandey Date Of Hearing: 27/01/2021 (Ita No. 57/H/16) 28/01/2021 (Ita No. 1656/H/18) Date Of Pronouncement: 08/02/2021 O R D E R Per Bench: This Revenue’S Appeal Ita 57/Hyd/2016 For Ay 2011- 12 Is Directed Against The Dcit, Circle – 3(1), Hyderabad’S

For Appellant: Shri Ajit TolaniFor Respondent: Smt. Nivedita Biswas
Section 143(3)Section 92C

…he international transactions in issue only or that of the entire activities involving the twin :- 6 -: ITA Nos.57/H/16 & 1656 /Hyd/18 Seaways Shipping and Logistics Ltd., Hyd. entities’ gross transactions. We quote CIT Vs. Firestone International (P.) Ltd. 378 ITR 558 (Bom.) and restore the instant issue of the correct arm’s length price of the assessee’s international transactions with its “A.Es” which deserves to be adjudicated afresh keeping in mind the said international transactions between them only. It is made abundantly clear before parting that there is no other dispute between the parties regarding t…

SYNECHRON TECHNOLOGIES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

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

ITA 1692/PUN/2018[2014-15]Status: DisposedITAT Pune20 Jan 2021AY 2014-15

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 1692/Pun/2018 नििाारण वषा / Assessment Year : 2014-15 Synechron Technologies Private Limited Cedar Building, Ascendas International, Tech Park Pune, Plot No.18, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Pune-411 057. Pan : Aaics2894R .......अऩीऱाथी / Appellant बिाम / V/S. The Assistant Commissioner Of Income Tax, Circle-6, Pune. ……प्रत्यथी / Respondent

For Appellant: Shri M.P. LohiaFor Respondent: Shri Sardar Singh Meena
Section 144C(5)Section 92C(2)

…No.9, the assessee contented that the TP adjustment has to be done restricting to the proportion of transaction with Associated Enterprises only. 33. We find that the Hon‟ble Jurisdictional High Court in the case of CIT vs. Firestone International (P.) Ltd., 378 ITR 558 has held that TP adjustment needs to be restricted to the transaction with associated enterprises only. The ALP can be considered on value of international transaction alone and not on the entire turnover of the assessee. This judgment of Hon‟ble Bombay High Court (supra) has attained finality by the 28 A.Y.2014-15 Hon‟ble Supreme Court in the s…

ASST CIT 15(2)(1), MUMBAI vs. IOT DESIGN & ENGINEERING LTD, MUMBAI

ITA 63/MUM/2016[2011-12]Status: DisposedITAT Mumbai17 Jun 2020AY 2011-12

Bench: Shri Saktijit Dey & Shri G. Manjunathaiot Design & Engineering Vs. Dcit-10(3) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078

Section 143(3)Section 144C(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “K”, BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER IOT Design & Engineering Vs. DCIT-10(3) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078 PAN/GIR No.AABCI7624L (Appellant) .. Respondent) & IOT Design & Engineering Vs. DCIT-15(2)(1) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078 PAN/GIR No.AABCI7624L (Appellant) .. Respondent) & ITA.No.63/Mum/2016 (Assessment Year…

IOT DESIGN & ENGINEERING LTD,MUMBAI vs. DCIT 10(3), MUMBAI

ITA 4722/MUM/2016[2010-11]Status: DisposedITAT Mumbai17 Jun 2020AY 2010-11

Bench: Shri Saktijit Dey & Shri G. Manjunathaiot Design & Engineering Vs. Dcit-10(3) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078

Section 143(3)Section 144C(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL “K”, BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER IOT Design & Engineering Vs. DCIT-10(3) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078 PAN/GIR No.AABCI7624L (Appellant) .. Respondent) & IOT Design & Engineering Vs. DCIT-15(2)(1) Limited Aaykar Bhawan, M.K.Road Plot No.Y2, Ceat Tyre Road, Mumbai-400 020 Near Nahur Railway Station, Bhandup(W) Mumbai-400 078 PAN/GIR No.AABCI7624L (Appellant) .. Respondent) & ITA.No.63/Mum/2016 (Assessment Year…

NEILSOFT LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

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

ITA 221/PUN/2017[2012-13]Status: DisposedITAT Pune31 Jul 2019AY 2012-13
For Appellant: Shri C. H. NaniwadekarFor Respondent: Shri A. K. Modi

…of the assessee restricting the quantification to the international transactions with AEs only. Relying on the reported judgment in the case of Ratilal Becharlal & Sons - 138 DTR 316 (Bom.-HC) and the judgment in the case of Firestone International (P) Ltd. – 378 ITR 558 (Bom.-HC), ld. Counsel submitted that the said ratio of these judgements support the arguments of the assessee. In the case of Firestone International (P) Ltd. (supra), it is held by the Hon’ble High Court that the addition cannot be on the entire turnover of the assessee but has to be restricted only to the transactions with the AEs. This is app…

ASSISTANT COMMISSIONER OF INCOME-TAX vs. NIELSOFT LIMITED,, PUNE

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

ITA 556/PUN/2016[2011-12]Status: DisposedITAT Pune31 Jul 2019AY 2011-12
For Appellant: Shri C. H. NaniwadekarFor Respondent: Shri A. K. Modi

…of the assessee restricting the quantification to the international transactions with AEs only. Relying on the reported judgment in the case of Ratilal Becharlal & Sons - 138 DTR 316 (Bom.-HC) and the judgment in the case of Firestone International (P) Ltd. – 378 ITR 558 (Bom.-HC), ld. Counsel submitted that the said ratio of these judgements support the arguments of the assessee. In the case of Firestone International (P) Ltd. (supra), it is held by the Hon’ble High Court that the addition cannot be on the entire turnover of the assessee but has to be restricted only to the transactions with the AEs. This is app…

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. HYUNDAI CONSTRUCTION EQUIPMENT INDIA PVT. LTD.,, PUNE

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

ITA 1670/PUN/2015[2009-10]Status: DisposedITAT Pune19 Mar 2019AY 2009-10
For Appellant: Shri M. P. LohiaFor Respondent: Shri S. B. Prasad, CIT
Section 143(3)Section 92C

…receipts/turnover of the entity which may include transactions with non- AEs. TP adjustments need to be restricted to transaction with AEs only. In this regard, the Jurisdictional High Court judgement in the case of CIT vs. Firestone International (P.) Ltd. (378 ITR 558) is relevant and the same is binding on us. The said decision is relevant for the conclusion of the ratio that the ALP can be considered on value of international transaction alone and not entire turnover of the assessee. In this case, the Revenue was aggrieved against the order of the Tribunal and the same was agitated before the Hon’ble High Co…

M/S. HYUNDAI CONSTRUCTION EQUIPMENT INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

ITA 1472/PUN/2015[2009-10]Status: DisposedITAT Pune19 Mar 2019AY 2009-10
For Appellant: Shri M. P. LohiaFor Respondent: Shri S. B. Prasad, CIT
Section 143(3)Section 92C

…receipts/turnover of the entity which may include transactions with non- AEs. TP adjustments need to be restricted to transaction with AEs only. In this regard, the Jurisdictional High Court judgement in the case of CIT vs. Firestone International (P.) Ltd. (378 ITR 558) is relevant and the same is binding on us. The said decision is relevant for the conclusion of the ratio that the ALP can be considered on value of international transaction alone and not entire turnover of the assessee. In this case, the Revenue was aggrieved against the order of the Tribunal and the same was agitated before the Hon’ble High Co…

ACIT 13(2)(1), MUMBAI vs. SODEXO FOOD SOLUTIONS INDIA P. LTD, MUMBAI

Appeal stand partly allowed for statistical purposes

ITA 5781/MUM/2016[2011-12]Status: DisposedITAT Mumbai03 Oct 2018AY 2011-12

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.5781/Mum/2016 (िनधा"रण वष" / Assessment Year: 2011-12) Assistant Commissioner Of Sodexo Food Solutions India Income Tax-13(2)(1) Private Limited बनाम/ 1Stfloor, Gemstar Commercial Complex Room No.146, 1St Floor Vs. Ramchandra Lane Extension Aaykar Bhavan, M.K.Road Kanchpada, Malad(W) Mumbai -400 020 Mumbai-400 064 "थायी लेखा सं./Pan : Aaacr-2547-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.5707/Mum/2016 (िनधा"रणवष" / Assessment Year: 2011-12) Sodexo Food Solutions India Assistant Commissioner Of Private Limited Income Tax-13(2)(1) बनाम/ 1Stfloor, Gemstar Commercial Complex Room No.146, 1St Floor Ramchandra Lane Extension Vs. Aaykar Bhavan, M.K.Road Kanchpada, Malad(W) Mumbai -400 020 Mumbai-400 064 "थायी लेखा सं./Pan : Aaacr-2547-Q (अपीलाथ"/Appellant) (""थ" / Respondent) :

For Appellant: Nimesh Vora, Ld. ARFor Respondent: Rignesh Das, Ld. JCIT-DR
Section 143(3)Section 2(24)(x)Section 36(1)(va)Section 37(1)

…ecord. Some of them could be tabulated as under:- Assessment Year-2011-12 No. Case Law Judicial Authority Citation 1. CIT Vs Tata Jewels Exports Private Hon’ble Bombay High Court 381 ITR 404 Ltd 2. CIT Vs Firestone International Pvt. Hon’ble Bombay High Court 378 ITR 558 Ltd. 3. Thyssen Krupp Industries India Pvt. Mumbai Tribunal 55 SOT 497 as Ltd. Vs ACIT approved by Bombay High Court in revenue’s appeal 381 ITR 413] 4. Hindustan Unilever Ltd Vs ACIT Mumbai Tribunal 22 ITR(T) 737 as approved by Bombay High Court in revenue’s appeal 394 ITR 73] Respectfully following the same, we find no infirmity in the stand o…

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