Magneti Marelli Powertrain India Pvt. Ltd. v. DCIT

GATES INDIA PVT LTD,DELHI vs. ACIT, CIRCLE-10(1), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

…of TPO / AO to treat management services as separate international transaction without bifurcation/ segregation would lead to unusual and incongruous results. (iii) Same principle has been reiterated in the case of Magneti Marelli Power Train India vs. CIT, 389 ITR 469. In this case, the assessee adopted TNMM method for all the services collectively. The TPO accepted the TNMM method for such services except payment made for technical assistance fees and worked out the ALP of technical assistance fee on entirely different method. In such circumstances, the Hon’ble Delhi High Court held that once the TPO accepted…

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. DCIT CIRCLE-22(2), NEW DELHI

In the result, the appeal of the assessee is partly allowed in the aforesaid manner

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

…ntinuous that they cannot be evaluated adequately on a separate basis." 60.1 The Ld. AR also relied on following judicial precedents to further buttress this point: Magneti Marelli Powertrain India Pvt. Ltd. v. DCIT, [2016] 75 taxmann.com 213 (Delhi) /[2016] 389 ITR 469 (Delhi) upheld by Hon'ble Supreme Court vide order dated November 3, 2017, [2018] 89 taxmann.com 8 (SC); Kaypee Electronics & Associates Pvt Ltd vs DCIT, [2018] 94 taxmann.com 251 (Karnataka); M/s. Luwa India Pvt. Ltd. Vs. ACIT, [2016] 75 taxmann.com 145 (Bangalore - Trib.); Daksh Business Process Services (P) Ltd v DCIT, [2016] 72 taxmann.com 44…

INTERTEK INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-10(1), DELHI

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey, Vice- & Shri Pradip Kumar Kediaassessment Year: 2018-19

…nsaction at nil, the TPO has not followed any particular method, which is invalid. In support, he relied upon a decision of 7 | P a g e AY: 2018-19 the Hon’ble Jurisdictional High Court in case of Magneti Marelli Powertrain India (P.) Ltd. Vs. DCIT [2016] 389 ITR 469 (Delhi). 9. Per contra, learned Departmental Representative submitted that so called intra-group services claimed to have been availed by the assessee are merely shareholder activities, which any parent company will do for its subsidiary. He submitted, the assessee has not furnished any evidence on record to demonstrate that the services were…

DENSO HARYANA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 10(1), NEW DELHI

In the result, appeal is allowed

Bench: Shri Saktijit Dey, Vice- & Dr. Brr Kumarassessment Year: 2010-11 Denso Haryana Pvt. Ltd., Versus Dcit, Circle 10(1), B-1/D-4, Ground Floor, Mohan New Delhi. Cooperative Industrial Estate, Mathura Road, Badarpur, New Delhi. Pan:Aaacd6817F (Appellant) (Respondent) Assessee By : Sh. Himanshu S. Sinha, Adv. Sh. Bhuwan Dhoopar, Adv. Revenue By : Sh. Rajesh Kumar, Cit-Dr Date Of Hearing : 04.09.2023 Date Of Pronouncement: 17.11.2023

…ngle out a transaction (intra group services in the present case) and benchmark it usingan entirely different method i.e. CUP. Reliance is placed on the judgment of the Hon’ble Delhi High Court in the case of Magneti Marelli Powertrain India Pvt. Ltd vs. DCIT 389 ITR 469 (Delhi) which has been affirmed by the Hon’ble Supreme Court vide order dated November 3, 2017 in SLP (C) No. 15244 of 2017. Further, reliance is also placed on the Delhi ITAT 10 decision of BG Exploration and Production India Ltd. vs. JCIT (2017) 82 taxmann.com 446wherein it was held that when intra-group services are inter- linked to the main…

GURNER INDIA PRIVATE LTD. ,DELHI vs. CIRCLE 10(2), DELHI

The appeal of the assessee is hereby allowed

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharmaita No. 796/Del/2022, A.Y. 2017-18 M/S. Gurner India Pvt. Ltd. Vs. National Faceless Assessmetn 714, International Trade Centre, Tower, Nehru Place, New Delhi Delhi-110019 Pan : Aadcg2938H (Appellant) (Respondent)

…e case of the assessee has been a subject matter of adjudication by the order of the Hon'ble High Court of Delhi vide order dated 20.12.2016. The Hon'ble High Court considered the issue of payment of assistance fee as held in the case of, 1. Magnetic Marelli (290 CTR 60) 2. EKL Appliances Ltd.(345 ITR241) 3. Sony Ericsson (374 ITR 118) 4. Denso India Ltd. (240 Taxman 713) and remanded the matter to the revenue. 10. We find that the turnover of finished goods is Rs.92 Cr. and export sales to AE was Rs.24 Cr. The import of raw materia! was Rs.28 Cr. Royalty has been paid on the total sales. 12. In the specific f…

GRUNER INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 10(2), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 4062/Del/2019 : Asstt. Year : 2012-13 M/S Gruner India Pvt. Ltd., Vs Acit, 15 Dsidc, Okhla Industrial Area, Circle-10(2), Phase-Ii, Scheme-1, New Delhi New Delhi-110020 (Appellant) (Respondent) Pan No. Aadcg2938H Assessee By : Sh. Pancham Sethi, Ca Revenue By : Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 05.04.2023 Date Of Pronouncement: 03.07.2023 Order Per Dr. B. R. R. Kumar: The Present Appeal Has Been Filed By The Assessee Against The Order Dated Xx.02.2019 Passed By The Ao U/S 254/143(3) R.W.S. 144C Of The Income Tax Act, 1961. 2. Following Grounds Have Been Raised By The Assessee:

…ical support agreements had to be viewed along with all other expenses and, therefore, aggregated. The Revenue's contention, however, is to the contrary. 9. Recently in the judgment of this Court in Magneti Marelli Powertrain India (P) Ltd. v. Dy. CIT [2016] 389 ITR 469/75 taxmann.com 213, this Court had observed after noticing the judgment in Sony Ericsson Mobile Communication India (P.) Ltd. (supra) as well as in the CIT v. EKL Appliances Ltd [2012] 345 ITR 241/209 Taxman 200/24 taxmann.com 199 (Delhi), and observed as follows:- “………….14 The assessee/appellant during 2008-09 entered into four License & Techno…

MUFG BANK,LTD (EARLIER KNOWN AS THE BANK OF TOKYO MITSUBISHI UFJ LTD.),NEW DELHI vs. ACIT, CIRCLE-2(2)(1) INT. TAXATION, DELHI

In the result, the appeal of the assessee is allowed in above terms

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I” DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER I.T.A. No.1065/DEL/2022 Assessment Year 2012-13 MUFG Bank Ltd. (Earlier known as Vs. ACIT, the Bank of Tokyo Mitsubishi UFJ Circle-2(2)(1), Ltd.) Int. Taxation. New Delhi. Delhi. TAN/PAN: AABCT3880D (Appellant) (Respondent) Appellant by: Shri Nishant Thakkar, Adv. Respondent by: Shri Rajesh Kumar, CIT-DR Date of hearing: 10 11 2022 Date of pronouncement: 25 11 2022 O R D E R PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the Assesse…

DCIT, CIRCLE- 10(2), NEW DELHI vs. GRUNER INDIA PVT. LTD., NEW DELHI

Bench: Sh. N. K. Billaiya & Sh. Yogesh Kumar Usassessment Year: 2011-12 Dcit Gruner India Pvt. Ltd. Circle – 10 (2) Vs 15, Dsidc, Okhla Industrial New Delhi Area, Phase-Ii, Scheme-1, New Delhi Pan No.Aadcg2938H (Appellan (Respondent)

…ALP should be determined under other suitable method which may be TNMM. 7. Ld. TPO failed to follow the directions issued by Hon'ble Delhi High Court requiring to follow the directions issued by it in Magneti Marelli Pwertrain India Pvt. Ltd vs. DC1T [(2016) 389 ITR 469(Del)] and Sony Ericsson Mobile Communication India (P) Ltd. vs. C1T[(2015) 374 ITR 118(Del)]. 8. Ld. TPO failed to apply CUP as directed by Hon’ble ITAT. 9. Ld. TPO has erred in disallowing the Royalty and FTS on the ground that royalty is not required to be paid to the AE as it is not bringing any income to the assessee. 10. Ld.TPO has erred in…

GBT INDIA PRIVATE LIMITED,DELHI vs. NATIONAL E-ASSESMENT CENTRE, NEW DELHI

In the result, the appeal of the assessee is allowed and Stay application is accordingly held to be infructuous

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing)

…appropriate method. It is equally true that the TPO has singled out one transaction and applied CUP as most appropriate method. 16. The Hon'ble High Court of Delhi in the case of Magneti Marelli Powertrain India (P.) Ltd. v. Dy. CIT [2016] 75 taxmann.com 213/389 ITR 469 has held that when intra group services are linked to the main business activity of the company, they should be bench marked by adopting TNMM. The relevant findings of the Hon'ble High Court read as under: 17. As far as the second question is concerned, the TPO accepted TNMM applied by the assessee, as the most appropriate method in respect of al…

MUFG BANK LTD,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION) CIRCLE-2(2)(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Mufg Bank Ltd, Vs. Acit (International Taxation), 5Th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, Nh-8, New Delhi New Delhi Pan: Aabct3880D (Appellant) (Respondent)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I-I”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) MUFG Bank Ltd, Vs. ACIT (International Taxation), 5th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, NH-8, New Delhi New Delhi PAN: AABCT3880D (Appellant) (Respondent) Assessee by : Shri Nishant Thakkar, Adv Shri Hiten Chande, Adv Shri Surender Bist, CA Revenue by: Shr Surender Pal, CIT DR Date of Hearing 27/07/2020 Date of pronouncement 16/10/2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the assessee aga…