Rampgreen Solutions Pvt. Ltd. v. CIT

M/S Motherson Sumi Infotech & Designs Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Vp & Shri Prashant Maharishi, Am आयकर अपील सं. / Ita No.6757/Del/2015 "नधा"रण वष" /Assessment Year 2011-12 M/S Motherson Sumi Infotech& Designs Ltd., F-7, Block-B-1, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044. ..........अपीलाथ"/Appellant Pan-Aaccm3199B Vs The Dcit, …………. ""यथ" / Respondent Circle-17(1), New Delhi.

…s of the concern. He placed reliance on the decision of Delhi Tribunal in Bechtel India (P.) Ltd. vs. DCIT [2019] 101 taxmann.com 385 (Delhi-Trib). He also placed reliance on the decision of the Hon’ble Delhi High Court in Rampgreen Solutions vs. CIT [2015] 377 ITR 533 (Delhi) 2015. 10. The learned DR for the Revenue from the profile of the assessee in the TP study report placed at pages 36 & 37 of the Paperbook pointed out that the assessee was providing array of services, which included Software Development Services and Infra Management Services. He further stated that the assessee was delivering end to en…

DCIT, New Delhi vs. M/S Exxon Mobil Lubricants P. Ltd., New Delhi

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

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2004-05 Dcit, Vs. Exxon Mobil Lubricants P. Ltd., Circle-11(1), Ernst & Young Tower, New Delhi. B-26, Qutab Institutional Area, New Delhi. Pan Aabce0207H (Appellant) (Respondent) Assessee By : Shri S.D. Kapila, Advocate Shri R.R. Maurya, Advocate Revenue By : Shri H.K. Choudhary, Cit- Dr Order Per R.K. Panda, Am:

…company which outsources its work to sub-vendors as against the assessee carrying out its activity in-house should not be selected as a comparable. Referring to the decision of the Hon’ble Delhi High Court in the case of Rampgreen Solutions Pvt. Ltd. vs. CIT, 377 ITR 533, he drew the attention of the Bench to the following head note:- “The aim of the provisions of Chapter X of the Income-tax Act, 1961, is to compute the income in relation to a controlled transaction between an assessee and its associated enterprise having regard to the arm's length price, in order to nullify the effect of transfer of income to a…

Principal Commissioner of Income Tax-7 vs. Open Solutions Software Services Pvt. Ltd

The appeal is dismissed with no order as to costs

…ITA 201/2018 Page 1 of 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18.09.2019 Pronounced on: 18.05.2020 + ITA 201/2018 PRINCIPAL COMMISSIONER OF INCOME TAX-7 .....Appellant Through: Ms. Vibhooti Malhotra, Standing Counsel for Department of Income Tax. versus OPEN SOLUTIONS SOFTWARE SERVICES PVT. LTD. ..... Respondent Through: Mr. Sachit Jolly, Advocate. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA J U D G M E N T…

M/S Dassault Systems India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

The appeal of the assessee stands partly allowed

Bench: Shri Sudhanshu Srivastava & Shri O.P.Kantdassault Systems India Dy. Cit, Private Ltd. Circle-7(1), M-13 Lgf, Vs. New Delhi. South Extension-Ii, New Delhi-110049 Pan –Aaccd 7672A (Appellant) (Respondent)

…e other hand, the assessee is only engaged in the distribution of software products and as per the records, it has not engaged in any product development. The Hon’ble Delhi High Court in the case of Rampgreen Solution (Pvt.) Ltd. vs. CIT reported in [2015] 377 ITR 533 (Delhi) has held that the comparables should be functionally comparable. Therefore, this company is liable to be excluded on the basis of functional dissimilarity. The Assessing Officer is directed to exclude this company from the final set of comparables. (ii) Nucleus Software Exports:- This company has also been objected to by the assesee o…

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

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

Bench: Shri N.K. Billaiya & Ms Suchitra Kamble[Assessment Year: 2007-08]

…td 58. The Annual Report of this company shows that this company is engaged in outsourcing work and is having heavy outsourcing activities as well as having different business model. The Hon'ble High Court of Delhi in the case of Rampgreen Solutions Pvt Ltd 377 ITR 533 has held that a company cannot be taken as a comparable which has a different business model. The relevant findings of the Hon'ble High Court read as under: “38. In our view, even Vishal could not be considered as a comparable, as admittedly, its business model was completely different. Admittedly, Vishal’s expenditure on employment cost duri…

Lockheed Martin India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2010-11]

…o requirement to have identical services for the purpose of making comparison under the TNMM. 7.5 We are unable to accept this argument in view of the judgment of the Hon'ble jurisdictional High Court in the case of Rampgreen Solution (P.) Ltd. v. CIT [2015] 377 ITR 533/234 Taxman 573/60 taxmann.com 355 (Delhi) in which it has been held that the comparables are to be selected on the basis of similarity even under TNMM. The Hon’ble High Court has laid down that selection of comparables does not differ with the method adopted. Ex consequenti, it is no more open to argue that the functional dissimilarity of the com…

Haldor Topsoe India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘I-1’ : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.985/Del./2016 (Assessment Year : 2011-12) M/s. Haldor Topsoe India Pvt. Ltd., vs. DCIT, Circle 11 (1), Elegance Tower, 2nd Floor, New Delhi. Jasola District Centre, New Delhi – 110 025. (PAN : AABCH7781F) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri H.P. Agarwal, FCA Shri Ashish Gupta, FCA Ms. Prashuka Jain, FCA REVENUE BY : Shri Surender Pal, CIT DR Date of Hearing : 08.01.2020 Date of Order : 31.01.2020 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Ap…

Evalueserve.Com P.Ltd, New Delhi vs. ACIT, Circle-8(2), New Delhi

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

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘I-1’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI N.K. CHOUDHARY, JUDICIAL MEMBER SA No. 531/DEL/19 & [Assessment Year: 2011-12] Evalueserve.com Pvt Ltd Vs. The A.C.I.T A-47, Lower Ground Floor Circle – 8(2) Hauz Khas, New Delhi New Delhi PAN: AAACE 8014 E [Appellant] [Respondent] Date of Hearing : 22.01.2020 Date of Pronouncement : 28.01.2020 Assessee by : Shri Salil Kapoor, Adv Ms. Ananya Kapoor, Adv Revenue by : Shri Dinesh Antil. Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred…

M/S. Lummus Technology Heat Transfer Bv, Gurgaon vs. DCIT, Gurgaon

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

…the paper book and relied upon the decisions of Terex India (P.) Ltd. vs. DCIT in ITA 26 No.4791/Del/2015 for AY 2010-11, DCIT vs. Terex India (P.) Ltd. (2019) 104 taxmann.com 281 (Delhi-Trib.) for AY 2011-12, Rampgreen Solutions (P.) Ltd. vs. CIT (2015) 377 ITR 533 (Delhi) and NCS Pearson India (P.) Ltd. vs. DCIT (2018) 91 taxmann.com 105 (Delhi-Trib.). 39. Coordinate Bench of the Tribunal in the case of DCIT vs. Terex India Pvt. Ltd. (2019) 104 taxmann.com 281 (Delhi-Trib.) ordered to exclude Mahindra as a comparable vis-à-vis a routine engineering design services provider on the ground that it is in…

Haldor Topsoe India Pvt. Ltd., New Delhi vs. Addl. CIT, New Delhi

Bench: Shri R.K.Panda & Shri Kuldip Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘I-1’ : NEW DELHI) BEFORE SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.1289/Del./2017, A.Y. 2012-13 Haldor Topsoe India Pvt. Ltd. Vs. ACIT Elegance Tower, 2nd Floor, Special Range-4 Jasola District Centre New Delhi New Delhi PAN : AABCH7781F (APPELLANT) (RESPONDENT) ASSESSEE BY : Sh. H.P.Agarwal, FCA & Ms. Prashuka Jain, FCA REVENUE BY : Shri Sanjay I. Bara, CIT, DR Date of Hearing : 04.11.2019 Date of Order :19.11.2019 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : The Appellant, Haldor Topsoe India Pvt. Ltd. (hereinafter r…

Evalueserve.Com Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri O.P. Kantita No. 1814/Del/2017, A.Y. 2012-13

…Before us, Ld. Counsel for the assessee had submitted that Eclerx is engaged in data analytics, financial services and data processing solutions and the same company has been rejected by Hon’ble Delhi High Court in the case of Ramgreen Solutions, reported in 377 ITR 533. Apart from that, Ld. Counsel submitted that this company has two segments viz., financial services; and sales and marketing services segment. Under the financial services segment, Eclerx provides services 10 ITA No. 1814/Del/2017) such as consulting, business analysis and solution testing. It provides a broad suite of services that allow its c…

Louis Dreyfus Company India Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

Bench: Shri R.K. Panda & Shri Kuldip Singh

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘I-1’ : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.6575/Del./2016 (Assessment Year : 2012-13) Louis Dreyfus Company India Pvt. Ltd., vs. ACIT, 8th Floor, Tower A, Building No.5, Circle 15 (2), Cyber City, DLF Phase III, New Delhi. Gurgaon – 122 002 (Haryana). (PAN : AAACL7361E) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ravi Sharma, Advocate Ms. Shruti Khimta, AR REVENUE BY : Shri Kumar Pranav, Senior DR Date of Hearing : 10.10.2019 Date of Order : 30.10.2019 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER The…

Alcatel- Lucent India Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowla & Shri B.R.R. Kumar

…at the assessee owns no intangible product company, even if it had meagre income cannot be compared with a non product company. Such is the proposition laid down by the Hon’ble Delhi High Court in Rampgreen Solutions Pvt. Ltd. vs. Commissioner Of Income Tax, 377 ITR 533 (Delhi). Accordingly, we direct the AO to exclude the concern Infosys Technology Limited from the final list of the comparables. 9. Now coming to the next concern which is in dispute i.e. mPhasis BFL Limited. The plea of the ld. AR of the assessee before is that the said concern was functionally different and on this aspect the assessee had f…

Copal Research India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

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

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Years: 2006-07 Copal Research India Pvt. Ltd., Vs Dcit, Plot No.267, Phase-Ii, Circle-6(2), Udyog Vihar, New Delhi. Gurgaon. Pan: Aaccc1159R (Appellant) (Respondent) Assessee By : Shri K.M. Gupta, Advocate, Ms Shruti Khimta, Ar& Mr. Neeraj Sharma, Ar Revenue By : Shri Subha Kant Sahu, Sr. Dr Date Of Hearing : 07.10.2019 Date Of Pronouncement : 15.10.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St August, 2016 Passed U/S 254/143(3) Read With Section 144C Of The It Act, 1961 For The Assessment Year 2006-07. 2. This Is The Second Round Of Litigation Before The Tribunal. Earlier, The Tribunal, Vide Ita No.3955/Del/2010, Order Dated 8Th May, 2015, Had Restored The Issue Back To The File Of The Drp On The Ground That The Assessee Has Raised A Number Of Contentions Before The Drp & None Of These Contentions Were Considered By The Drp & They Have Not Passed A Speaking Order In This Case. Subsequently, The Drp, Vide Order Dated 28Th June, 2016, Passed The Order. The Assessing Officer, Vide Order Dated 31St August, 2016, Revised The Tp Adjustment To Rs.1,28,30,310/- As Against The Original Adjustment Of Rs.1,77,38,869/-.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : I-1 : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Years: 2006-07 Copal Research India Pvt. Ltd., Vs DCIT, Plot No.267, Phase-II, Circle-6(2), Udyog Vihar, New Delhi. Gurgaon. PAN: AACCC1159R (Appellant) (Respondent) Assessee by : Shri K.M. Gupta, Advocate, Ms Shruti Khimta, AR& Mr. Neeraj Sharma, AR Revenue by : Shri Subha Kant Sahu, Sr. DR Date of Hearing : 07.10.2019 Date of Pronouncement : 15.10.2019 ORDER PER R.K. PANDA, AM: This appeal filed by the assessee is directed against the order dated 31st A…