Dresser-Rand India (P.) Ltd. v. Addl. CIT

47 SOT 423Income Tax Appellate Tribunal2011#4366 most cited

What is Dresser-Rand India (P.) Ltd. v. Addl. CIT authority for?

The Transfer Pricing Officer (TPO) must determine the Arm's Length Price (ALP) of services and is not responsible for deciding whether a service was actually rendered or benefited the assessee; this latter determination is within the purview of the Assessing Officer (AO). The TPO's assessment of ALP should not be based on the perception that the assessee did not need the services due to existing internal expertise.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Also referred to as

Dresser-Rand India (P.) Ltd. v. Addl. CIT · 47 SOT 423 · Transfer Pricing Officer · Assessing Officer · Arm's Length Price · ALP · Cost contribution arrangement · services rendered · benefit to assessee

Judgments citing Dresser-Rand India (P.) Ltd. v. Addl. CIT

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

ITA 1639/KOL/2019[2013-14]Status: DisposedITAT Kolkata27 Apr 2023AY 2013-14

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

For Appellant: Ms. Vandana Bhandari, FCA and Shri SaibalFor Respondent: Shri G. Hukuga Sema, CIT, D/R
Section 143(3)Section 14A

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

ITA 1501/KOL/2019[2012-13]Status: DisposedITAT Kolkata27 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

For Appellant: Ms. Vandana Bhandari, FCA and Shri SaibalFor Respondent: Shri G. Hukuga Sema, CIT, D/R
Section 143(3)Section 14A

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2826/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Oct 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LIFESTYLE INTERNATIONAL PVT LTD , BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2473/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Oct 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2334/BANG/2016[2011-12]Status: DisposedITAT Bangalore11 Oct 2021AY 2011-12

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2333/BANG/2016[2009-10]Status: DisposedITAT Bangalore11 Oct 2021AY 2009-10

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL (P) LTD.,, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2260/BANG/2016[2011-12]Status: DisposedITAT Bangalore11 Oct 2021AY 2011-12

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

M/S. WATERS (INDIA) PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(2), BANGALORE

In the result, the appeals filed by the assessee for assessment year 2010-2011 and 2011-2012 are partly allowed

ITA 2617/BANG/2019[2011-12]Status: DisposedITAT Bangalore01 Oct 2021AY 2011-12

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2616/Bang/2019 : Asst.Year 2010-2011 It(Tp)A No.2617/Bang/2019 : Asst.Year 2011-2012 M/S.Waters (India) Private Limited The Dy.Commissioner Of No.36A, 2Nd Phase, Income-Tax, Circle 12(5) V. Bangalore. Peenya Industrial Area Bengaluru – 560 058. Pan : Aaacw1411C. (Appellant) (Respondent) Appellant By : Smt.G.Vaidehi, Adovcate Respondent By : Sri.Priyardarshi Mishra, Addl.Cit-Dr Date Of Pronouncement : 01.10.2021 Date Of Hearing : 28.09.2021 O R D E R Per George George K, Jm These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Cit(A), Both Dated 30.10.2019. The Relevant Assessment Years Are 2010-2011 & 2011-2012. Common Issues Are Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Smt.G.Vaidehi, AdovcateFor Respondent: Sri.Priyardarshi Mishra, Addl.CIT-DR
Section 40

…lysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser- Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under 6 IT(TP)A Nos.2616-2617/Bang/2019. M/s.Waters (India) Private Limited. cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had…

M/S. WATERS (INDIA) PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 12(5), BANGALORE

In the result, the appeals filed by the assessee for assessment year 2010-2011 and 2011-2012 are partly allowed

ITA 2616/BANG/2019[2010-11]Status: DisposedITAT Bangalore01 Oct 2021AY 2010-11

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2616/Bang/2019 : Asst.Year 2010-2011 It(Tp)A No.2617/Bang/2019 : Asst.Year 2011-2012 M/S.Waters (India) Private Limited The Dy.Commissioner Of No.36A, 2Nd Phase, Income-Tax, Circle 12(5) V. Bangalore. Peenya Industrial Area Bengaluru – 560 058. Pan : Aaacw1411C. (Appellant) (Respondent) Appellant By : Smt.G.Vaidehi, Adovcate Respondent By : Sri.Priyardarshi Mishra, Addl.Cit-Dr Date Of Pronouncement : 01.10.2021 Date Of Hearing : 28.09.2021 O R D E R Per George George K, Jm These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Cit(A), Both Dated 30.10.2019. The Relevant Assessment Years Are 2010-2011 & 2011-2012. Common Issues Are Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Smt.G.Vaidehi, AdovcateFor Respondent: Sri.Priyardarshi Mishra, Addl.CIT-DR
Section 40

…lysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser- Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under 6 IT(TP)A Nos.2616-2617/Bang/2019. M/s.Waters (India) Private Limited. cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had…

M/S EXIDE LIFE INSURANCE COMPANY LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1)(2), BANGALORE

In the result, appeal by the assessee is partly allowed

ITA 839/BANG/2019[2013-14]Status: DisposedITAT Bangalore27 Jul 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2013-14 M/S. Exide Life Insurance Company Ltd., Vs. The Assistant Commissioner Of No.3/1, Jp Technopark Millers Road, Income Tax, Bengaluru – 560 001. Circle – 2(1)(2), Pan : Aaaci 7940 L Bengaluru. Appellant Respondent Appellant By : Shri. Surya Narayana, Advocate Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 26.07.2021 Date Of Pronouncement : 27.07.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 18.02.2019 Of Cit(A), Bengaluru-2, Bengaluru, Relating To Assessment Year 2013-14. 2. The First Issue That Requires Adjudication In This Appeal Is As To Whether The Cit(A) Was Justified In Upholding The Order Of The Ao In Determining The Alp Of The International Transaction Pertaining To Payment For Intra Group Services As Nil Against A Sum Of Rs.4,06,89,430/- Claimed By The Assessee To Have Been Paid To The Ae & Adding The Sum Of Rs.4,06,89,430/- As Income Of The Assessee Under Section 92 Of The Income Tax Act, 1961 (Act). Page 2 Of 13 3. The Facts With Regard To The Aforesaid Issue Are As Follows:

For Appellant: Shri. Surya Narayana, AdvocateFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 92

…erprise would have paid. The learned DR placed reliance on the orders of the Revenue authorities. 9. We have given a very careful consideration to the rival submissions. At the outset we observe in the case of Dresser Rand India (P.) Ltd. v. Addl. CIT 12011] 47 SOT 423/13 taxmann.com 82 (Mum.), the Hon'ble Mumbai Tribunal had an occasion to examine as to what is the approach that has to be adopted for determining ALP in the case of cost contribution agreement which is akin to the arrangement in the present case between the Assessee Page 6 of 13 and its parent company. The assessee in case of Dresser Rand India (…

HAMON SHRIRAM COTTRELL P. LTD,MUMBAI vs. ITO 9(2), MUMBAI

The appeal stands partly allowed in terms of our above order

ITA 1882/MUM/2014[2009-10]Status: DisposedITAT Mumbai09 Jun 2021AY 2009-10

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.1882/Mum/2014 (धििाारण वर्ा / Assessment Year: 2009-10) M/S Hamon Cooling Systems Pvt. Ltd. Dcit-9(2) (Earlier Known As M/S Hamon Shriram Aaykar Bhawan बिाम/ Cottrell Pvt. Ltd.) M.K.Road Main Frame, 3A-8A, Gf Mumbai-400 020 Vs. Royal Palam Complex Goregaon(W), Mumbai – 400 065 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaact-2254-Q (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Shri Sanjay R.Parikh-Ld.Ar प्रत्यथीकीओरसे/Respondent By : Shri Sushil Kumar Mishra- Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 09/06/2021 घोषणाकीतारीख /Date Of Pronouncement : 09/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (): - 1. Aforesaid Appeal By Assessee For Assessment Year [Ay] 2009-10 Contest Final Assessment Order Dated 30/12/2013 Passed By Ld. Deputy Commissioner Of Income Tax-9(2), Mumbai [Ao] U/S 143(3) Read With Section 144C(13) Pursuant To The Directions Of Ld. Dispute Resolution

For Appellant: Shri Sanjay R.Parikh-Ld.ARFor Respondent: Shri Sushil Kumar Mishra- Ld. CIT-DR
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 92C

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

M/S DISA INDIA LTD ,BANGALORE vs. INCOME TAX OFFICER WARD-2(1)(3), BANGALORE

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2196/BANG/2017[2013-14]Status: DisposedITAT Bangalore12 Jan 2021AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.2196/Bang/2017 : Asst.Year 2013-2014 M/S.Disa India Limited The Income Tax Officer 5Th Floor, Kushal Garden Arcade Ward 2(1)(3) V. 1A, Peenya Industrial Area Bangalore. Peenya 2Nd Phase Bangalore – 560 058. Pan : Aaacg5030F. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Sunil Kumar Singh, Cit-Dr Date Of Date Of Hearing : 12.01.2021 Pronouncement : 12.01.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against The Final Assessment Order Dated 21.09.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Assessee Has Raised Seven Grounds. All The Grounds Relate To The Solitary Issue Regarding Arms Length Price (Alp) Adjustment Amounting To Rs.1,33,76,590 Made To Group Service Fees Paid By The Assessee To Its Associate Enterprises (Aes).

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Sunil Kumar Singh, CIT-DR
Section 143(2)Section 143(3)Section 92C

…nalysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in DresserRand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

M/S. DISA INDIA LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

In the result appeal filed by assessee stands allowed for statistical purposes

ITA 290/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Nov 2020AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No.290/Bang/2017 Assessment Year : 2012 – 13

For Appellant: Shri K.R Vasudevan, AdvocateFor Respondent: Shri Farhat Hussain Qureshi, CIT
Section 143Section 144C(13)Section 234ASection 40Section 92C

…lysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser- Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

HAMON SHRIRAM COTTRELL PVT. LTD.,MUMBAI vs. DCIT - 9(2), MUMBAI

In the result, all the three appeals are allowed

ITA 4771/MUM/2016[2010-11]Status: DisposedITAT Mumbai27 May 2020AY 2010-11
Section 143(3)Section 144C(5)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

HAMON SHRIRAM COTTRELL P. LTD,MUMBAI vs. ITO WD 10(1)(1), MUMBAI

In the result, all the three appeals are allowed

ITA 3911/MUM/2015[2007-08]Status: DisposedITAT Mumbai27 May 2020AY 2007-08
Section 143(3)Section 144C(5)

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work.…

AIRCOM INTERNATIONAL (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 2(1), NEW DELHI

In the result, these grounds raised by assessee stands allowed for statistical purposes

ITA 7682/DEL/2017[2013-14]Status: DisposedITAT Delhi20 Jun 2019AY 2013-14

Bench: Shri N.S. Saini & Smt. Beena A Pillaiay: 2012-13 & Ay: 2013-14

For Appellant: Sh. Salil Kapur, AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 40A(2)(a)Section 92C

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

AIRCOM INTERNATIONAL (INDIA) PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, these grounds raised by assessee stands allowed for statistical purposes

ITA 1956/DEL/2017[2012-13]Status: DisposedITAT Delhi20 Jun 2019AY 2012-13

Bench: Shri N.S. Saini & Smt. Beena A Pillaiay: 2012-13 & Ay: 2013-14

For Appellant: Sh. Salil Kapur, AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 40A(2)(a)Section 92C

…alysis to determine the ALP and not to determine whether there is a service or not from which the assessee benefits. That aspect of the exercise is left to the AO. This distinction was made clear by the ITAT in Dresser-Rand India (P.) Ltd. v. Addl. CIT [2011] 47 SOT 423/13 taxmann.com 82 (Mum.): "8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work…

M/S. PHILIPS INDIA LIMITED (FORMERLY PHILIPS ELECTRONICS INDIA LITD.),KOLKATA vs. ACIT, CIRCLE - 12(2), , KOLKATA

In the result, the appeal of the assessee is allowed as per the discussion made

ITA 2600/KOL/2018[2014-15]Status: DisposedITAT Kolkata15 May 2019AY 2014-15

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2600/Kol/2018 ("नधा"रणवष" / Assessment Year:2014-15) M/S Philips India Ltd. Vs. Acit, Circle-12(2), Kolkata

For Appellant: Shri P. J. Pardiwala, Sr. Advocate, Mr. Ketan V. Ved& Ms. PurbaFor Respondent: Dr. P. K. Srihari, CIT DR
Section 143(3)Section 92C

…n’ble Delhi High Court in the case of CIT vs EKL Appliances Ltd (2012) 345 ITR 241 (Del) ; CIT vs Cushman & Wakefield (India) (P) Ltd (2014) 367 ITR 730 (Del) and co-ordinate bench of Mumbai Tribunal in the case of Dresser Rand India (P) Ltd vsAddl CIT (2011) 47 SOT 423 (Mum) and applied the principles emanating out of those judgements and applied the same to the facts of the case in Bata India Ltd. In the said case (i.e Bata India Ltd supra) it was observed as under:- 27. The Hon'ble High Court of Delhi in the case of CIT v. EKL Appliances Ltd.[2012] 345 ITR 241/24 taxmann.com 199/209 Taxman 200 as well as CIT…

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT, CIRCLE- 3(1)(1), INTERNATIONAL TAXATION,, NEW DELHI

In the result, while ITA No

ITA 5030/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Aug 2018AY 2012-13

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

Section 143(3)

…see benefits”. “That aspect of the exercise”, as noted by Their Lordships, “is left to the AO”. While observing so, Their Lordships referred to, with approval, the decision of a coordinate bench in the case of Dresser-Rand India (P.) Ltd. v. Addl. CIT [(2011) 47 SOT 423 (Bom)]. The views so expressed by Hon’ble jurisdictional High Court fortifies our understanding that the role ITA Nos. 2 and 5030/Del/2017 Assessment year: 2012-13 Page 5 of 8 played by the TPO must remain confined to determining the ALP and that it does not, in any case, extend to the exclusive domain of the Assessing Officer in determining the…

TOPCON SINGAPORE POSITIONING PTE LTD.,GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result, while ITA No

ITA 2/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Aug 2018AY 2012-13

Bench: Us Is A Singapore Based Company Which Held 7,49,999 Shares In An Indian Company By The Name Of Topcon Sokkia India Pvt Ltd (Tsipl, In Short) & 1 Share

Section 143(3)

…see benefits”. “That aspect of the exercise”, as noted by Their Lordships, “is left to the AO”. While observing so, Their Lordships referred to, with approval, the decision of a coordinate bench in the case of Dresser-Rand India (P.) Ltd. v. Addl. CIT [(2011) 47 SOT 423 (Bom)]. The views so expressed by Hon’ble jurisdictional High Court fortifies our understanding that the role ITA Nos. 2 and 5030/Del/2017 Assessment year: 2012-13 Page 5 of 8 played by the TPO must remain confined to determining the ALP and that it does not, in any case, extend to the exclusive domain of the Assessing Officer in determining the…

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Dresser-Rand India (P.) Ltd. v. Addl. CIT (47 SOT 423) — Cited in 27 Judgments | BharatTax