Maruti Suzuki India Ltd. v. CIT

381 ITR 117High Court2016#408 most cited

What is Maruti Suzuki India Ltd. v. CIT authority for?

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

220

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Maruti Suzuki India Ltd. v. CIT · 381 ITR 117 · Bright Line Test · BLT · AMP expenditure · international transaction · arm's length price · ALP · section 92B · section 92C · burden of proof · transfer pricing method

Also reported as

64 Taxmann.com 150237 Taxmann 256

Sections most often in play

Section 92BSection 143(3)Section 92CSection 144C(13)Section 144C(5)Section 234BSection 271(1)(c)Section 92F
Read the full judgment

Issues it is cited on

bright line testsection 92f(v)amp expendituresection 92fcost plus methodcomparable uncontrolled price methodsection 92(1)section 92bfunctional analysistransactional net margin methodsection 92c(3)tested party

Judgments citing Maruti Suzuki India Ltd. v. CIT

Shilpa Shetty, Mumbai vs. ACIT CC 13, Mumbai

The appeal stands partly allowed

ITA 5433/MUM/2017[2011-12]Status: DisposedITAT Mumbai25 Jun 2019AY 2011-12

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri M.K. Singh-Ld. DR
Section 14ASection 92ASection 92CSection 92F

…transaction‟ cannot be presumed by assigning some price to it and then deducing that since it is not an arm's length price, an "adjustment" has to be made. 15. In this respect, Ld. AR relied upon the decision in the case of Maruti Suzuki India Ltd. CIT [2016] 381 ITR 117 (Del. HC) and Bausch & Lomb Eyecare (India) (P.) Ltd v. ACIT [2016] 381 ITR 227 (Del HC) It was also argued that the word "Price" had not been defined in the Act. It seems to have been used in its ordinary sense as meaning money only. In this respect, reliance was placed on the decision in the case of CIT v. Ganesh Builders [1979] 116 ITR 911 (Bo…

Godrej Cosumer Products Ltd, Mumbai vs. Asst CIT Cir 14(1)(2), Mumbai

Appeal stands dismissed whereas the assessee’s appeal stands partly allowed in terms of our above order

ITA 1102/MUM/2015[2010-11]Status: DisposedITAT Mumbai19 Jun 2019AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Farrokh V.Irani- Ld. ARFor Respondent: Shri Anand Mohan-CIT-DR
Section 143(3)Section 144C(5)Section 32

…adjustment for AMP expenditure is contrary to transfer pricing provisions contained in Chapter-X of the Act as laid down in decisions of this Tribunal in Johnson & Johnson Pvt. Ltd. [ITA No.6142/Mum/2017], Hon’ble Delhi High Court in Maruti Suzuki India Ltd. [381 ITR 117], Honda Siel Power products Ltd. [283 CTR 322] & Whirlpool of India Ltd. [381 ITR 154]. It has been submitted there is no sanction to application of Bright Line Test on the basis of presumed / M/s Godrej Consumer Products Ltd. Assessment Year : 2010-11 alleged benefits to the Associated Enterprises [AE]. Our attention is further drawn to the fac…

M/S Bmw India Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

In the result ground number 7 – 12 of the appeal of the assessee are allowed accordingly

ITA 1163/DEL/2017[2012-13]Status: DisposedITAT Delhi14 Jun 2019AY 2012-13

Bench: Shri Kuldip Singh & Shri Prashant Maharishibmw India Pvt. Ltd, Vs. Dcit, 7Th Floor, Tower-B, Building No. Circle-1(1), 8, Gurgaon Gurgaon Pan: Aabcb7104C (Appellant) (Respondent)

For Appellant: Shri Percy Pardiwala, Sr. AdvFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 144CSection 92BSection 92p

…nal transaction before undertaking bench marking of AMP expenses and such transaction cannot be inferred merely on the basis of BLT. For this proposition, we draw support from the judgment of the Hon'ble Delhi High Court in the case of Maruti Suzuki India Ltd 381 ITR 117. 32. In this case, the Hon'ble High Court held that existence of an international transaction needs to be established de hors the Bright Line Test. The relevant finding of the Hon‟ble High Court reads as under: 15 “43. Secondly, the cases which were disposed of by the judgment, i.e. of the three Assessees Canon, Reebok and Sony Ericsson were all…

Zimmer India Private Ltd, Gurgaon vs. DCIT, Gurgaon

The appeal of the assessee are dismissed

ITA 6804/DEL/2015[2011-12]Status: DisposedITAT Delhi14 Jun 2019AY 2011-12

Bench: Shri Kuldip Singh & Shri Prashant Maharishizimmer India Private Ltd, Dcit, Vs. 14Th Floor, Tower-B, Dlf Circle-4(1), Building No. 05, Cyber City, Gurgaon Phase-Iii, Gurgaon Pan: Aaecs7432H (Appellant) (Respondent)

For Appellant: Shri Manoneet Dalal, AdvFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143(3)Section 144C(13)Section 92Section 92C

…tangible material on record to show that there exists an international transaction in so far as AMP spend is concerned. In support of his contention, the ld. AR relied upon the decision of the Hon'ble High Court of Delhi in the case of Maruti Suzuki India Ltd 381 ITR 117 = 2015-TII-58-HC-DEL-TP, Whirlpool of India Ltd vs DCIT 381 ITR 154 = 2015-TII-62-HC-DEL-TP, Bausch & Lomb Eye Care [India] Pvt Ltd TA No. 643/2014 and 675/2014 = 2015-TII-65-HC-DEL-TP, Valvoline Cummins Pvt Ltd TA No. 158/2016 = 2017-TII-57-HC-DEL-TP and Mary Kay Cosmetic Pvt. Ltd in ITA No. 1010/2018 = 2018-TII-256-HC-DEL- TP. Hon'ble High Cour…

M/S. Adidas India Marketing Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 3727/DEL/2014[2006-07]Status: DisposedITAT Delhi27 May 2019AY 2006-07

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…icson Mobile Communication India Pvt.Ltd (supra) in support of aforestated observations. 8.2. Further it has been submitted by both sides that facts and circumstances in present appeal are no manner different with that of Maruti Suzuki Inida Ltd. Reported in 381 ITR 117; and Soney Ericson Mobile Communications (supra), wherein Hon’ble High Court has held that existence of international transaction must be established de hors the Bright Line Test before undertaking bench marking of AMP expenses. We therefore respectfully follow the view taken by this Hon’ble Delhi High Court in Sony Ericson Mobile Communications…

M/S. Adidas India Marketing (P) Ltd., New Delhi vs. ITO, New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 29/DEL/2014[2008-09]Status: DisposedITAT Delhi27 May 2019AY 2008-09

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…icson Mobile Communication India Pvt.Ltd (supra) in support of aforestated observations. 8.2. Further it has been submitted by both sides that facts and circumstances in present appeal are no manner different with that of Maruti Suzuki Inida Ltd. Reported in 381 ITR 117; and Soney Ericson Mobile Communications (supra), wherein Hon’ble High Court has held that existence of international transaction must be established de hors the Bright Line Test before undertaking bench marking of AMP expenses. We therefore respectfully follow the view taken by this Hon’ble Delhi High Court in Sony Ericson Mobile Communications…

ITO, New Delhi vs. M/S. Adidas India Marketing (P) Ltd., New Delhi

In the result the Cross Objection filed by assessee stands partly allowed for statistical purposes

ITA 2770/DEL/2012[2007-08]Status: DisposedITAT Delhi27 May 2019AY 2007-08

Bench: Shri G.D.Agrawal & Smt. Beena A Pillaiay: 2006-07 Adidas India Marketing Pvt.Ltd. Vs. Ito, Co.Ward 1(2) Office No.6, 2Nd Floor, Sector B New Delhi Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070 Pan: Aaaca5313P Ay: 2007-08 Ito, Co.Ward 1(2) Vs. Adidas India Marketing Pvt.Ltd. New Delhi Office No.6, 2Nd Floor, Sector B Pocket No.7, Plot No.11 Vasant Kunj New Delhi 110 070

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Sh. Sanjay I Bara, CIT, D.R
Section 143(3)Section 143(3)(ii)Section 144CSection 92C

…icson Mobile Communication India Pvt.Ltd (supra) in support of aforestated observations. 8.2. Further it has been submitted by both sides that facts and circumstances in present appeal are no manner different with that of Maruti Suzuki Inida Ltd. Reported in 381 ITR 117; and Soney Ericson Mobile Communications (supra), wherein Hon’ble High Court has held that existence of international transaction must be established de hors the Bright Line Test before undertaking bench marking of AMP expenses. We therefore respectfully follow the view taken by this Hon’ble Delhi High Court in Sony Ericson Mobile Communications…

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

…circumstances. Therefore, in our considered view the AMP cannot be regarded as international transaction. In holding so we find the support & guidance from the judgment of Hon’ble Delhi High Court in the case of Maruti Suzuki India Limited vs. CIT reported in 381 ITR 117 wherein it was held as under: M/s Philips India Ltd. (formerly Philips Electronics India Ltd.) SA No. 13/Kol/2019 (arising out of I.T.A. No. 2600/Kol/2018) Assessment Year:2014-15 “51. The result of the above discussion is that in the considered view of the court the Revenue has failed to demonstrate the existence of an international transaction…

M/S. Acer India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, both the appeals of the assessee are partly allowed

ITA 502/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 May 2019AY 2012-13

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadale

For Appellant: Shri Ajay Vohra, Sr. Advocate & Shri Niranjan, AdvocateFor Respondent: Dr. Pradeep Kumar, CIT (DR)
Section 143(3)Section 144C(13)Section 153Section 234BSection 271(1)(c)Section 40

…ns India P Ltd vs. CIT (374 ITR 118). He submitted that the above said decision has been followed by the Tribunal in various case laws. He further placed his reliance on the decision rendered by Hon’ble Delhi High Court in the case of Maruti Suzuki India Ltd (381 ITR 117) and submitted that the TPO cannot make TP adjustment without proving existence of international transaction. He submitted that the assessee has only disclosed the reimbursement received by it from its AE as an international transaction. The assessee did not consider the AMP expenses incurred by it as International transaction at all. Accordingly…

India Medtronic Private Limited, Mumbai vs. ACIT, 10(1)(1), Mumbai

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

ITA 601/MUM/2018[2013-14]Status: DisposedITAT Mumbai08 May 2019AY 2013-14

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2013-14 India Medtronic Pvt. Ltd. Assistant Commissioner Of 1241, Solitaire Corporate Income Tax-10(1)(1), Room Vs. Park, Bldg. No .12, 4Th Floor, No. 209, Aayakar Bhavan, Andheri- Ghatkopar Link Mumbai-400020. Road, Andheri (East), Mumbai-400093. Pan No. Aaaci4227Q Appellant Respondent Assessee By : Mr. Rajan R. Vora, Ar Revenue By : Mr. Rajneesh Yadav, Dr Date Of Hearing : 01/05/2019 Date Of Pronouncement: 08/05/2019

For Appellant: Mr. Rajan R. Vora, ARFor Respondent: Mr. Rajneesh Yadav, DR
Section 143(3)Section 92B

…held as an international transaction. Reliance is placed by him on the following High Court decisions, wherein it is held that in absence of any arrangement with AE, there cannot be said to be an international transaction: i. Maruti Suzuki India Ltd. v. CIT (381 ITR 117) (Delhi HC), ii. Whirpool of India Ltd. (381 ITR 154) (Delhi HC), iii. Honda Siel Power Products Ltd. v. DCIT (237 Taxman 304) (Delhi HC), iv. Bausch & Lomb Eyecare (India) Pvt. Ltd. v. ACIT (381 ITR 227) (Delhi HC). 2.3 On the other hand, the Ld. DR submits that as the Department has filed appeal on the above issue before the Supreme Court and t…

M/S the Himalaya Drug Company, Bangalore vs. DCIT, Bangalore

In the result, the assessee’s appeal for Assessment Year 2011-12 is partly allowed

ITA 187/BANG/2015[2010-11]Status: DisposedITAT Bangalore30 Apr 2019AY 2010-11

Bench: Shri Jason P Boaz & Shri Laliet Kumarit(Tp)A No.187/Bang/2015 Assessment Year : 2010-11

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Smt. Susan D. George, CIT-DR
Section 143(1)Section 143(3)Section 144C(5)Section 36(1)(iii)Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER IT(TP)A No.187/Bang/2015 Assessment year : 2010-11 M/s. The Himalaya Drug Vs. The Deputy Commissioner Company, of Income-Tax, Makali, Central Circle – 1(1), Bangalore – 562 162. Bangalore. PAN : AADFT 3025 B APPELLANT RESPONDENT Assessee by : Shri. Padam Chand Khincha, CA Revenue by : Smt. Susan D. George, CIT-DR Date of hearing : 06.02.2019 Date of Pronouncement : 30.04.2019 O R D E R Per Jason P Boaz, Accountant Member This appeal by the assessee is directed against…

DCIT, New Delhi vs. M/S. Casio India (P) Ltd., New Delhi

ITA 2276/DEL/2015[2010-11]Status: DisposedITAT Delhi22 Apr 2019AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Nageshwar Rao & SandeepFor Respondent: Shri H. K. Choudhary CIT DR &
Section 144CSection 92B

…f the TPO’s order. TPO also noted that the assessee has filed copies of advertisement as had appeared in the print media and also took note of the decision heavily relied upon by the assessee in the case of Maruti Suzuki India Ltd. vs. CIT, reported in (2015) 381 ITR 117 (Del). He further rejected the assessee’s contention that AMP is covered by over all TNMM; and since assessee has a much higher profit margin as compared to the other comparables, therefore, no separate benchmarking is not required as such an higher expenditure is subsumed in the higher profit margin. After detailed discussion, TPO held that AMP…

Casio India Co. Pvt. Ltd., New Delhi vs. DCIT, New Delhi

ITA 1764/DEL/2015[2010-11]Status: DisposedITAT Delhi22 Apr 2019AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Nageshwar Rao & SandeepFor Respondent: Shri H. K. Choudhary CIT DR &
Section 144CSection 92B

…f the TPO’s order. TPO also noted that the assessee has filed copies of advertisement as had appeared in the print media and also took note of the decision heavily relied upon by the assessee in the case of Maruti Suzuki India Ltd. vs. CIT, reported in (2015) 381 ITR 117 (Del). He further rejected the assessee’s contention that AMP is covered by over all TNMM; and since assessee has a much higher profit margin as compared to the other comparables, therefore, no separate benchmarking is not required as such an higher expenditure is subsumed in the higher profit margin. After detailed discussion, TPO held that AMP…

Moet Hennessy India Pvt. Ltd., Mumbai vs. ACIT, New Delhi

ITA 85/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Apr 2019AY 2010-11

Bench: Shri Kuldip Singh & Shri Prashant Maharishim/S. Moet Hennessy India Private Ltd., Vs. Acit, Circle 5(1), Unit No.1903, Tower 2, 19Th Floor, New Delhi. Indiabulls Financial Centre, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400 013. (Pan : Aaccm4079L) (Applicant) (Respondent) Assessee By : Shri Sumit Mangal, Advocate Shri Saksham Singhal, Ca Revenue By : Shri H.K. Choudhary, Cit Dr Ms. Nimita Pandey, Senior Dr Date Of Hearing : 27.03.2019 Date Of Order : 09.04.2019 O R D E R Per Kuldip Singh:

For Appellant: Shri Sumit Mangal, AdvocateFor Respondent: Shri H.K. Choudhary, CIT DR
Section 143Section 144C

…vanced on the strength of judgments of this Court in Sony Ericsson Mobile Communications India Pvt. Ltd. vs. Commissioner of Income Tax (2015) 374 ITR 118 (Del.) as well as a string of subsequent judgments beginning with Maruti Suzuki India Ltd v. CIT, (2016) 381 ITR 117. 6. Nevertheless, the main reason that weighed with the ITAT to remand the matter to the TPO was that the TPO did not have the benefit of the above decisions of this Court when the order was initially passed by the TPO. That can hardly be a ground for remanding the entire matter to the TPO. In fact, this was anticipated by this Court in Sony Eric…

M/S Yakult Danone India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal filed by assessee stands allowed

ITA 996/DEL/2016[2011-12]Status: DisposedITAT Delhi29 Mar 2019AY 2011-12

Bench: Shri R.K.Panda & Smt. Beena A Pillaia.Y. 2011-12 Yakult Danone India P Ltd. D.C.I.T. Circle 27(1) 16, 1St Floor Vs. New Delhi Community Centre Okhla Industrial Area, Phase I New Delhi

Section 143Section 144CSection 92BSection 92CSection 92F

…to use Cost Plus method, to calculate markup on excessive AMP expenses as per Rule 10(1)(c)(ii) of IT Rules 1963 which is GP/sales of comparable companies selected. Subsequently Hon’ble Delhi High Court in case of Maruti Suzuki India Ltd., Reported in (2015) 64 Taxmann.com 150 in which Hon’ble Court held that AMP expenses incurred by Maruti Suzuki India cannot be treated and categorised as an international transaction based upon which assessee in present facts of case filed application for rectification before DRP. DRP however relied upon decision of Sony Ericson (supra) passed by Hon’ble Delhi High Court. 2.7.…

M/S. Bacardi India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal is dismissed

ITA 1197/DEL/2016[2011-12]Status: DisposedITAT Delhi27 Mar 2019AY 2011-12

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2011-12

…fer Pricing Officer (‘TPO’) for a fresh consideration?” 3 The Hon’ble High Court, referring two of its decisions in the cases of Sony Ericsson Mobile Communications India Pvt. Ltd. vs. CIT (2015) 374 ITR 118 (Del) and Maruti Suzuki India Ltd. vs. CIT, (2016) 381 ITR 117, has remitted the case back to the file of Tribunal vide order dated 24.05.2017 with the following directions : “5. Having heard learned counsel for the parties, the Court finds that the ase before the ITAT was argued at length and the views of the TPO as well as the Dispute Resolution Penel (‘DRP) were already available to the ITAT. Arguments w…

Pernod Ricard India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 910/DEL/2015[2007-08]Status: DisposedITAT Delhi15 Mar 2019AY 2007-08

Bench: Shri N.K. Billaiya & Shri Sandeep Gosain[A.Y 2007-08] M/S Pernod Ricard [India] Vs. The Dy. C.I.T Pvt Ltd, [Formerly Known As Central Circle -31 Seagram India Pvt Ltd New Delhi 104, Ashoka Estate, Barakhamba Road New Delhi Pan: Aaacs 4781 P (Applicant) (Respondent) Assessee By : Shri Deepak Chopra, Adv Smt. Rashi Khanna, Adv. Shri Yojit Pareek, Adv. Department By : Shri Sanjay I Bara, Cit-Dr

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Sanjay I Bara, CIT-DR
Section 153A

…nal transaction before undertaking bench marking of AMP expenses and such transaction cannot be inferred merely on the basis of BLT. For this proposition, we draw support from the judgment of the Hon'ble Delhi High Court in the case of Maruti Suzuki India Ltd 381 ITR 117. 13. In this case, the Hon'ble High Court held that existence of an international transaction needs to be established de hors the Bright Line Test. The relevant finding of the Hon’ble High Court reads as under: “43. Secondly, the cases which were disposed of by the judgment, i.e. of the three Assessees Canon, Reebok and Sony Ericsson were all of…

Amadeus India Pvt. Ltd., New Delhi vs. ACIT, Circle- 2(2), New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 7691/DEL/2017[2013-14]Status: DisposedITAT Delhi27 Feb 2019AY 2013-14

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…rejected. Held, that all necessary facts are on record – effect is to be given to decisions of Jurisdictional High Court which are direct on this issue….page 422, para 8.1 (d) Jurisdictional High Court decisions in case of Maruti Suzuki India Ltd. reported in 381 ITR 117(Del), Whirlpool of India Ltd. reported in 381 ITR 154(Del) and Bausch & Lomb Eyecare (India) (P.) Ltd. reported in 381 ITR 227(Del) followed …. pages 422 to 425, para 8.1 (e) TPO’s reliance on Distribution Agreement for construing existence of “transaction” rejected …page 425-426, para 8.2 (f) At page 426, para 8.3 Hon’ble ITAT rejected following…

Amadeus India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 1811/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Feb 2019AY 2012-13

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…rejected. Held, that all necessary facts are on record – effect is to be given to decisions of Jurisdictional High Court which are direct on this issue….page 422, para 8.1 (d) Jurisdictional High Court decisions in case of Maruti Suzuki India Ltd. reported in 381 ITR 117(Del), Whirlpool of India Ltd. reported in 381 ITR 154(Del) and Bausch & Lomb Eyecare (India) (P.) Ltd. reported in 381 ITR 227(Del) followed …. pages 422 to 425, para 8.1 (e) TPO’s reliance on Distribution Agreement for construing existence of “transaction” rejected …page 425-426, para 8.2 (f) At page 426, para 8.3 Hon’ble ITAT rejected following…

Amadeus India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, ITA NO. 7691/Del/2017 stands allowed

ITA 1662/DEL/2016[2011-12]Status: DisposedITAT Delhi27 Feb 2019AY 2011-12

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

For Appellant: Sh. Tarundeep Singh & Tarun Singh, AdvFor Respondent: Shri Sanjay I.Bara, CIT-DR & Sh. Sandeep Kr
Section 144CSection 92BSection 92F

…rejected. Held, that all necessary facts are on record – effect is to be given to decisions of Jurisdictional High Court which are direct on this issue….page 422, para 8.1 (d) Jurisdictional High Court decisions in case of Maruti Suzuki India Ltd. reported in 381 ITR 117(Del), Whirlpool of India Ltd. reported in 381 ITR 154(Del) and Bausch & Lomb Eyecare (India) (P.) Ltd. reported in 381 ITR 227(Del) followed …. pages 422 to 425, para 8.1 (e) TPO’s reliance on Distribution Agreement for construing existence of “transaction” rejected …page 425-426, para 8.2 (f) At page 426, para 8.3 Hon’ble ITAT rejected following…