CIT v. Phoenix Mecano (India) Pvt. Ltd.

414 ITR 704High Court2019#7468 most cited
15

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2024.

Judgments citing CIT v. Phoenix Mecano (India) Pvt. Ltd.

IMS HEALTH ANALYTICS SERVICES PRIVATE LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD-3(1)(1), BANGALORE

ITA 300/BANG/2022[2017-18]Status: DisposedITAT Bangalore18 Dec 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyit(Tp)A No.300/Bang/2022

For Appellant: Shri Ajit Tolani & Sri Darpan Kriplani, CAFor Respondent: Shri A Sreenivasa Rao, CIT (DR)

…IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER IT(TP)A No.300/Bang/2022 Assessment Years : 2017-18 IQVIA Analytics Services Pvt. Ltd., (formerly known as IMS Health Analytics Services Pvt. Ltd.,) Omega 9th Floor, Embassy Techsquare, Marathahalli-Sarjapur Outer Ring Road, Kadubeesanahalli, Bengaluru - 560 008. PAN – AADCP 1532 C APPELLANT Vs. The Income Tax Officer, Ward - 3(1)(1), Bengaluru. NFAC, Delhi. RESPONDENT Assessee by : Shri Ajit Tolani & Sri Darpan Kriplani, CA Revenue by : Shri A Sreenivasa Rao, CIT (DR) Date…

COMMVAULT SYSTEMS (INDIA) PRIVATE ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE-1(1), HYDERABAD

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

ITA 282/HYD/2022[2011-12]Status: DisposedITAT Hyderabad18 Apr 2023AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita-Tp No. 282/Hyd/2022 (निर्धारण वर्ा / Assessment Year: 2011-12) Commvault Systems (India) Vs. The Deputy Commissioner Of Private Limited, Income Tax, Hyderabad Circle-1(1), [Pan : Aaccc3708L] Hyderabad अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri D. Prabhakar Reddy, ARFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 115Section 143(3)

…ment should be restricted only to the value of international transactions and cannot be done at entity level is no longer res integra in view of the decision of the Hon’ble Bombay High Court in the case of CIT vs. Phoenix Mecano (India) Pvt. Ltd., reported in 414 ITR 704 and in the case of CIT vs. Thyssen Krupp Industries Pvt. Ltd., reported in 381 ITR 413 (Bom) and CIT vs. Tara Jewels Export P. Ltd., reported in 381 ITR 404 (Bom). 6.7. In any case we find that the issue in dispute is squarely covered by the Co-ordinate Bench of this Tribunal in assessee’ own case for the A.Y.2011-12 in ITA No.343/Hyd/2016 dated…

M/S. VISHAY COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 12, PUNE

The appeal of the assessee is partly allowed for statistical purposes

ITA 213/PUN/2022[2017-18]Status: DisposedITAT Pune13 Sept 2022AY 2017-18

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

For Appellant: Shri Madhur Agarwal (through virtual)For Respondent: Shri Kalika Singh (through virtual)
Section 143(3)Section 144BSection 144C(13)Section 253

…jurisdictional High Court holding that the transfer pricing adjustment should be restricted only to the international transactions and not the entity level transactions. The Hon’ble jurisdictional High Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.) has held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. Here, it is pertinent to mention that the Department’s SLP against the judgment in the case of Phoenix Mecano (India) Pvt. Ltd. has since been dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (Indi…

DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE 1(1), PUNE vs. FRANKE FABER INDIA PVT. LTD, PUNE

In the result, the appeal the Revenue is allowed and the cross

ITA 161/PUN/2022[2012-13]Status: DisposedITAT Pune01 Aug 2022AY 2012-13

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi"नधा"रण वष" / Assessment Year: 2012-13 Dcit, Circle-1(1), Vs. Franke Faber India Private Limited, Pune 1086/1 & 1086/2, Nagar Road, Village Sanaswadi, Taluka Shirur, Pune 412 208, Maharashtra Pan : Aaacf4002G Appellant Respondent

…o the extent of international transactions rather than the entity level is no more res integra in view of several judgments rendered by various higher forums including the Hon’ble jurisdictional High Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.) holding that the transfer pricing adjustment should be restricted only to the international transactions and not the entity level transactions. The Hon’ble High Court in has held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. Here, it is pertinent to mention that the…

RIETER INDIA PVT.LTD,,SATARA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE

In the result, the appeal is partly allowed

ITA 127/PUN/2020[2015-16]Status: DisposedITAT Pune27 Jul 2022AY 2015-16

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi"नधा"रण वष" / Assessment Year: 2015-16

Section 143(3)

…jurisdictional High Court holding that the transfer pricing adjustment should be restricted only to the international transactions and not the entity level transactions. The Hon’ble jurisdictional High Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.) has held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. Here, it is pertinent to mention that the Department’s SLP against the judgment in the case of Phoenix Mecano (India) Pvt. Ltd. has since been dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (In…

MUBEA AUTOMOTIVE COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal is partly allowed for statistical

ITA 260/PUN/2017[2012-13]Status: DisposedITAT Pune13 Oct 2021AY 2012-13

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.260/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13

Section 143(3)

…restricting the transfer pricing addition proportionate to the international transactions. 13. The issue of proportionate adjustment is fairly settled by a judgment of the Hon’ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), holding that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department’s SLP against this judgment has since been 12 Mubea Automotive Components India Pvt. Ltd., dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (India)…

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

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

ITA 584/PUN/2016[2011-12]Status: DisposedITAT Pune11 Aug 2021AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2011-12 Acit, Circle 9, Vs. M/S. Hyundai Construction Pune Equipment India Private Limited Plot No.A-2, Chakan Midc, Phase-Ii, Chakan-Talegaon Road, Village- Khalumbre, Tal-Khed, Pune – 410501 Pan: Aabch8756Q Appellant Respondent निर्धारण वषा / Assessment Year : 2011-12 M/S. Hyundai Construction Equipment Vs. Acit, Circle 9, India Private Limited Pune Plot No.A-2, Chakan Midc, Phase-Ii, Chakan-Talegaon Road, Village- Khalumbre, Tal-Khed, Pune – 410501 Pa N: Aabch8756Q Appellant Respondent Corrigendum Per R.S.Syal, Vp :

Section 143(3)Section 144C(13)

…hile computing the transfer pricing adjustment took entity level figures. 24 Corrigendum in ITA Nos.537 & 584/PUN/2016 28. This issue is fairly settled by a judgment of the Hon‘ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), holding that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department‘s SLP against this judgment has since been dismissed by the Hon‘ble Supreme Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2018) 402 ITR 32 (St.). Similar view ha…

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

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

ITA 537/PUN/2016[2011-12]Status: DisposedITAT Pune11 Aug 2021AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2011-12 Acit, Circle 9, Vs. M/S. Hyundai Construction Pune Equipment India Private Limited Plot No.A-2, Chakan Midc, Phase-Ii, Chakan-Talegaon Road, Village- Khalumbre, Tal-Khed, Pune – 410501 Pan: Aabch8756Q Appellant Respondent निर्धारण वषा / Assessment Year : 2011-12 M/S. Hyundai Construction Equipment Vs. Acit, Circle 9, India Private Limited Pune Plot No.A-2, Chakan Midc, Phase-Ii, Chakan-Talegaon Road, Village- Khalumbre, Tal-Khed, Pune – 410501 Pa N: Aabch8756Q Appellant Respondent Corrigendum Per R.S.Syal, Vp :

Section 143(3)Section 144C(13)

…hile computing the transfer pricing adjustment took entity level figures. 24 Corrigendum in ITA Nos.537 & 584/PUN/2016 28. This issue is fairly settled by a judgment of the Hon‘ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), holding that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department‘s SLP against this judgment has since been dismissed by the Hon‘ble Supreme Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2018) 402 ITR 32 (St.). Similar view ha…

M/S. HYUNDAI CONSTTRUCTION EQUIPMENT INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9,, PUNE

In the result, the appeal is partly allowed

ITA 2453/PUN/2017[2013-14]Status: DisposedITAT Pune29 Jun 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 M/S. Hyundai Construction Equipment Vs. Acit, Circle 9, India Private Limited Pune Plot No.A-2, Chakan Midc, Phase-Ii, Khalumbre, Chakan-Talegaon Road, Chakan, Taluka-Khed, Pune – 410501 Pan: Aabch8756Q Appellant Respondent

Section 143(3)Section 144C(13)

…by the Hon‘ble Bombay High Court on the ground that the SLP filed by the Department was pending. 11.2. In our considered opinion, this issue is fairly settled by judgment of Hon‘ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), holding that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department‘s SLP against this judgment has since been dismissed by the Hon‘ble Supreme Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2018) 402 ITR 32 (St.). Similar view ha…

M/S. TASTY BITE EATABLES LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, the appeal is partly allowed

ITA 1823/PUN/2018[2014-15]Status: DisposedITAT Pune03 Jun 2021AY 2014-15
Section 143(3)Section 144C(13)

…ought to have been given and the transfer pricing addition restricted only to the extent of international transactions. 10. This issue is fairly settled by a judgment of the Hon‟ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), holding that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department‟s SLP against this judgment has since been dismissed by the Hon‟ble Supreme Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2018) 402 ITR 32 (St.). Similar view ha…

KNORR BREMSE SYSTEMS FOR COMMERCIAL VEHICLES INDIA PRIVATE LIMITED,PUNE vs. DY. CIT, CIRCLE-14,, PUNE

In the result, the appeal is partly allowed for statistical

ITA 1958/PUN/2019[2015-16]Status: DisposedITAT Pune20 Jan 2021AY 2015-16

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.1958/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16

Section 143(3)

…as well as the DRP. 10. Having heard the rival submissions and perused the relevant material on record, we find that this issue is no more res integra in view of the judgment of Hon’ble Bombay High Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.) holding that the transfer pricing adjustment can be made only in respect of AE transactions and not the entity level transactions. It is further observed that the Department’s SLP against this judgment has since been dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2018) 402 ITR 32 (St). In view of thi…

COMMVAULT SYSTEMS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD

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

ITA 2280/HYD/2017[2013-14]Status: DisposedITAT Hyderabad26 Nov 2020AY 2013-14

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am M/S.Commvault Systems Vs. Deputy Commissioner Of (India) Pvt. Ltd., Income Tax, 5Th Floor, Plot No.39, Circle-1(2), B-Block, 7Th Floor, I.T. Towers Phase-Ii, Block-A Ananth Info Park A.C.Guards, Masab Tank Hitech City, Madhapur, Hyderabad – 500 004 Hyderabad Pan/Gir No.Aaccc3708L (Appellant) .. (Respondent)

Section 143(3)Section 144C(5)

…IN THE INCOME TAX APPELLATE TRIBUNAL VIRTUAL COURT “B”, BENCH MUMBAI BEFORE SHRI C.N.PRASAD, JM & SHRI M.BALAGANESH, AM M/s.Commvault Systems Vs. Deputy Commissioner of (India) Pvt. Ltd., Income Tax, 5th Floor, Plot No.39, Circle-1(2), B-Block, 7th Floor, I.T. Towers Phase-II, Block-A Ananth Info Park A.C.Guards, Masab Tank Hitech City, Madhapur, Hyderabad – 500 004 Hyderabad PAN/GIR No.AACCC3708L (Appellant) .. (Respondent) Assessee by Shri Darpan Kirpalani (AR) Revenue by Shri Y V S T Sai (CIT DR) Date of Hearing 31/08/2020 Date of Pronouncement 26/11/2020 आदेश / O R D E R PER M. BALAGANESH (A.M): This ap…

MTU INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, the appeal is allowed for statistical purposes

ITA 1744/PUN/2019[2015-16]Status: DisposedITAT Pune19 Feb 2020AY 2015-16

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2015-16 Mtu India Private Limited, Vs. Dcit, 159/1, Tathawade, Circle-14, Pune Pune-Mumbai Highway, Pune – 411033 Pan : Aabcd2233N Appellant Respondent

Section 143(3)Section 92C

…ment not only in respect of transactions with AE but also non-AEs in the Trading segment. 29. In our considered, this issue is no more res integra in view of the judgment of Hon’ble jurisdictional High court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.), wherein it has been held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. It is pertinent to mention that the Department’s SLP against this judgment has since been 27 MTU India Private Limited dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (India)…

M/S. VISHAY COMPONENTS INDIA PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

ITA 585/PUN/2015[2010-11]Status: DisposedITAT Pune13 Jan 2020AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2010-11 M/S. Vishay Components India Vs. Acit Private Limited, Circle-13, Pune Loni-Kalbhor, Near Pune (C. Rly.), Pune – 412 201 Pan : Aaacb9652L Appellant Respondent

Section 143(3)

…nsfer pricing adjustment should be restricted only to the international transactions and not the entity level transactions. The Hon’ble jurisdictional High Court in CIT Vs. Phoenix Mecano (India) 6 M/s. Vishay Components India Pvt. Ltd., Pvt. Ltd. (2019) 414 ITR 704 (Bom.) has held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. Here, it is pertinent to mention that the Department’s SLP against the judgment in the case of Phoenix Mecano (India) Pvt. Ltd. has since been dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (In…

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9, PUNE vs. GESTAMP PUNE AUTOMOTIVE INDIA PRIVATE LIMITED, PUNE

In the result, the appeal is dismissed

ITA 2717/PUN/2017[2011-12]Status: DisposedITAT Pune17 Oct 2019AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.2717/Pun/2017 िनधा"रण वष" / Assessment Year : 2011-12

…ransfer pricing adjustment should be restricted only to the 4 Gestamp Pune Automotive India Pvt. Ltd., international transactions and not the entity level transactions. The Hon’ble jurisdictional High Court in CIT Vs. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 (Bom.) has held that the transfer pricing adjustment made at entity level should be restricted to the international transactions only. Here, it is pertinent to mention that the Department’s SLP against the judgment in the case of Phoenix Mecano (India) Pvt. Ltd. has since been dismissed by the Hon’ble Supreme Court in CIT Vs. Phoenix Mecano (In…

CIT v. Phoenix Mecano (India) Pvt. Ltd. (414 ITR 704) — Cited in 15 Judgments | BharatTax