Dresser-Rand India Pvt. Ltd. v. Additional Commissioner of Income Tax Range 6(2),Mumbai

53 SOT 173Income Tax Appellate Tribunal2011#14274 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2017 to 2019.

Judgments citing Dresser-Rand India Pvt. Ltd. v. Additional Commissioner of Income Tax Range 6(2),Mumbai

Abott Healthcare P. Ltd, Mumbai vs. ITO WD 3(2)(1), Mumbai

Accordingly, Ground No.2 raised by the Revenue is dismissed

ITA 535/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Jan 2019AY 2007-08

Bench: Shric.N.Prasad, Jm & Shrim.Balaganesh, Am

For Appellant: Shri Dhanesh Bafna / Ms.Chandini Shah / Shri Madhur AgrawalFor Respondent: Shri RakeshRanjan (DR)
Section 144C(5)Section 92C(2)

…ustment made to the arm’s length price of payment made towards availing information system services from AE. This ground is allowed.” 20. We also find that the co-ordinate Bench of this Tribunal in the case of Dresser Rand India Pvt. Ltd. v. ACIT reported in 53 SOT 173 (Mumbai) dated 07.09.2011 under similar circumstances had held as under:- “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 h…

M/S. Volvo India Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

ITA 1353/BANG/2010[2006-07]Status: DisposedITAT Bangalore11 Dec 2017AY 2006-07

Bench: Shri Inturi Rama Rao & Shri Lalit Kumarm/S.Volvo India Private Limited, Yalachahally Village, Tavarakere Post, Hoskote, Bangalore – 562 122. Pan: Aaacv 6747N … Appellant Vs. The Deputy Commissioner Of Income Tax, Ltu, … Respondent

For Appellant: Shri Neeraj Jain, CAFor Respondent: Ms. Neera Malhotra, CIT(DR)
Section 10ASection 143(3)Section 234CSection 234DSection 92C

…the ALP at Nil by holding that there was no need to incur any expenditure. The above decision was followed by the several coordinate benches of the Tribunal, some by them are as follows: i. Dresser-Rand India (P.) v. Addl. CIT [2011] 13 traxmann.com 82/[2012] 53 SOT 173 (Mum.) ii. Ericsson India (P.) Ltd. v. Dy. CIT [2012] 25 taxmann.com 472 (Delhi) iii. AWB India (P.) Ltd. v. ACIT [IT Appeal No. 4454 of 2011] (Delhi); iv. SC Enviro Agro India Ltd. v. Dy. CIT [2013] 34 taxmann.com 127/143 ITD 195 (Mum. - Trib.) v. Abhishek Auto Industries Ltd. v. Dy. CIT [2011] 9 taxmann.com 27 (Delhi) vi. McCann Erickson India (…

ITO, Bangalore vs. M/S Safran Engineering Services India Private Limited, Bangalore

In the result, the appeal filed by the revenue is partly allowed

ITA 451/BANG/2015[2010-11]Status: DisposedITAT Bangalore20 Nov 2017AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raoit(Tp)A No.451/Bang/2015 (Assessment Year: 2010-11)

For Appellant: Ms.Neera Malhaotra, CIT(DR)For Respondent: Shri K.R.Vasudevan, Advocate
Section 10ASection 143(3)Section 92C

…the ALP at Nil by holding that there was no need to incur any expenditure. The above decision was followed by the several coordinate benches of the Tribunal, some by them are as follows: i. Dresser-Rand India (P.) v. Addl. CIT [2011] 13 traxmann.com 82/[2012] 53 SOT 173 (Mum.) IT(TP)A No.451/Bang/2015 Page 12 of 23 ii. Ericsson India (P.) Ltd. v. Dy. CIT [2012] 25 taxmann.com 472 (Delhi) iii. AWB India (P.) Ltd. v. ACIT [IT Appeal No. 4454 of 2011] (Delhi); iv. SC Enviro Agro India Ltd. v. Dy. CIT [2013] 34 taxmann.com 127/143 ITD 195 (Mum. - Trib.) v. Abhishek Auto Industries Ltd. v. Dy. CIT [2011] 9 taxmann.co…

The DCIT1(1), Indore vs. M/S. Agrawal Coal Corporation P Ltd., Indore

ITA 622/IND/2015[2010-11]Status: DisposedITAT Indore08 Mar 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meena

…/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 45 of 127 2.4.20. The Ld. A.R. also placed reliance on the ruling of Hon’ble ITAT (Mumbai Bench) in case of Dresser-Rand India Pvt. Ltd vs. Additional Commissioner of Income Tax Range 6(2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said ruling i…

The DCIT-1(1), Indore vs. M/S. Agrawal Coal Corporation P. Ltd., Indore

ITA 607/IND/2015[2009-10]Status: DisposedITAT Indore08 Mar 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

…/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 45 of 127 2.4.20. The Ld. A.R. also placed reliance on the ruling of Hon’ble ITAT (Mumbai Bench) in case of Dresser-Rand India Pvt. Ltd vs. Additional Commissioner of Income Tax Range 6(2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said ruling i…

M/S. Agrawal Coal Corporation P. Ltd., Indore vs. The DCIT -Circle 1(1), Indore

ITA 602/IND/2015[2010-11]Status: DisposedITAT Indore08 Mar 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meena

…/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 45 of 127 2.4.20. The Ld. A.R. also placed reliance on the ruling of Hon’ble ITAT (Mumbai Bench) in case of Dresser-Rand India Pvt. Ltd vs. Additional Commissioner of Income Tax Range 6(2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said ruling i…

M/S. Agrawal Coal Corporation P. Ltd., Indore vs. The DCIT Range 1(1), Indore

ITA 601/IND/2015[2009-10]Status: DisposedITAT Indore08 Mar 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

…/2015 and 607 & 622/Ind/2015/A.Y.2009-10 & 10-11Page 45 of 127 2.4.20. The Ld. A.R. also placed reliance on the ruling of Hon’ble ITAT (Mumbai Bench) in case of Dresser-Rand India Pvt. Ltd vs. Additional Commissioner of Income Tax Range 6(2),Mumbai (2011) (53 SOT 173) (ITAT Mumbai), wherein Hon’ble ITAT held that the TPO cannot question the business and the commercial expediency of the businessman. The role and the responsibility of the TPO under the Indian TP regulations are restricted to determination of the arm’s length price of the international transaction. The relevant extract from the said ruling i…

Dresser-Rand India Pvt. Ltd. v. Additional Commissioner of Income Tax Range 6(2),Mumbai (53 SOT 173) — Cited in 7 Judgments | BharatTax