Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax

110 ITD 428Income Tax Appellate Tribunal2008#5254 most cited

What is Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax authority for?

The tested party in a transfer pricing analysis should be the entity for which reliable comparable data is readily available and requires the fewest adjustments. This generally means selecting the party with the less complex functional analysis.

22

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

Ranbaxy Laboratories Ltd · ITAT · 110 ITD 428 · transfer pricing · tested party · comparable data · functional analysis · international transaction · associated enterprise · arm's length price

Judgments citing Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax

M/S. IMS HEALTH ANALYTICS SERVICES PRIVATE LIMITED (FORMERLY KNOWN AS PHARMARC ANALYTIC SOLUTIONS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3(1)(1), BANGALORE

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

ITA 365/BANG/2023[2012-13]Status: DisposedITAT Bangalore18 Aug 2023AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13 M/S. Ims Health Analytics Services Pvt. Ltd. (Formerly Known As Pharmarc Analytic The Deputy Solutions Pvt. Ltd.) Commissioner Omega Block, Of Income Tax, Embassy Tech Square, Ward – 3(1)(1), Marathahalli – Vs. Bangalore. Sarjapur Outer Ring Road, Kadubeesanahalli, Bangalore – 560 103. Pan: Aadcp1532C Appellant Respondent Assessee By : Shri Darpan Kirpalani, Advocate Revenue By : Shri Veera Raghavan, Addl. Cit (Dr) Date Of Hearing : 25-07-2023 Date Of Pronouncement : 18-08-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Passed By Ld.Cit(A) Dated 09.03.2023 For A.Y. 2012-13 On Following Grounds Of Appeal.

For Appellant: Shri Darpan KirpalaniFor Respondent: Shri Veera Raghavan, Addl
Section 143(3)Section 14ASection 92C

…er pricing provisions that the tested party should be the party in respect of which reliable data for comparison is easily and readily available. This view has been considered by Hon’ble Delhi Tribunal in case of Ranbaxy Laboratories Ltd. vs. ACIT reported in 110 ITD 428. Space Respectfully following the above decision in assessee’s own case for the preceding assessment years, we direct the Ld.AO/TPO to consider foreign AE as the tested party. Accordingly ground no. 2.1 raised by assessee stands allowed. 5. The Ld.AR submitted that ground no. 2.2 is in respect of not testing the international transaction within…

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

In the result, the appeal of the assessee is allowed

ITA 4062/DEL/2019[2012-13]Status: DisposedITAT Delhi03 Jul 2023AY 2012-13

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:

For Appellant: Sh. Pancham Sethi, CAFor Respondent: Sh. Mrinal Kumar Das, Sr. DR
Section 234BSection 254Section 271(1)(c)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA 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, Accountant Member: The present appeal has been filed by the assessee against the…

ACIT, CIRCLE - 2(1), KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals of the revenue for both the assessment years are dismissed

ITA 1816/KOL/2019[2015-16]Status: DisposedITAT Kolkata18 Oct 2022AY 2015-16

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15 & Assessment Year : 2015-16 Assistant Commissioner Of M/S. Itc Infotech India Income-Tax, Circle-2(1), Limited Vs. Kolkata. (Pan: Aaaci7376Q) Virginia House, 37, J. L. Nehru Road, Kolkata-700071. (Appellant) (Respondent) Present For: Appellant By : Shri Manish Kanojia, Cit, Dr Respondent By : Shri J. P. Khaitan, Sr. Counsel & Shri Bikash Chandra, Ar Date Of Hearing : 16.08.2022 Date Of Pronouncement : 18.10.2022

For Appellant: Shri Manish Kanojia, CIT, DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel & Shri Bikash
Section 144C

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals of the revenue for both the assessment years are dismissed

ITA 1917/KOL/2018[2014-15]Status: DisposedITAT Kolkata18 Oct 2022AY 2014-15

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15 & Assessment Year : 2015-16 Assistant Commissioner Of M/S. Itc Infotech India Income-Tax, Circle-2(1), Limited Vs. Kolkata. (Pan: Aaaci7376Q) Virginia House, 37, J. L. Nehru Road, Kolkata-700071. (Appellant) (Respondent) Present For: Appellant By : Shri Manish Kanojia, Cit, Dr Respondent By : Shri J. P. Khaitan, Sr. Counsel & Shri Bikash Chandra, Ar Date Of Hearing : 16.08.2022 Date Of Pronouncement : 18.10.2022

For Appellant: Shri Manish Kanojia, CIT, DRFor Respondent: Shri J. P. Khaitan, Sr. Counsel & Shri Bikash
Section 144C

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

DCIT 2(3), MUMBAI vs. TECH MAHINDRA P.LTD, MUMBAI

In the result, appeal by the assessee is allowed for statistical purpose, while the appeal by the Revenue is dismissed

ITA 3033/MUM/2014[2008-09]Status: DisposedITAT Mumbai26 Jul 2022AY 2008-09

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri H.P. MahajaniFor Respondent: Shri Chandra Vijay
Section 10ASection 250Section 2D

…e comparables can be found, i.e., it will most often be the one that has the less complex functional analysis. In this regard, it is relevant to note the following observations of the coordinate bench of Tribunal in Ranbaxy Laboratories Ltd. vs a ADIT, [2008] 110 ITD 428 (Delhi): “58. …..The tested party normally should be the party in respect of which reliable data for comparison is easily and readily available and fewest adjustments in computations are needed. It may be local or foreign entity, i.e., one party to the transaction. The object of transfer pricing exercise is to gather reliable data, which can be…

MAJESCO SOFTWARE AND SOLUTIONS INDIA PVT LTD.,MUMBAI vs. ASST CIT 15 (2)(2), MUMBAI

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

ITA 7070/MUM/2019[2015-16]Status: DisposedITAT Mumbai12 Nov 2020AY 2015-16

Bench: Shri Vikas Awasthy & Shri N.K.Pradhanआअसं. 7070/मुं/2019 ("न.व. 2015-16) Majesco Software & Solutions India Pvt. Ltd., P-136 Mndc Millenium Business Park, Mahape, Navi Mumbai 400 710 Pan: Aajcm5178K ...... अपीलाथ" /Appellant

For Appellant: Dr. Sunil M. LalaFor Respondent: Shri A.Mohan
Section 143(3)Section 92C

…isite information is available about the tested party and comparables.” 20. The Tribunal in one of the early decisions on the issue of foreign entity being selected as ‘tested party’ rendered in the case of Ranbaxy Laboratories Ltd. vs. Addl. CIT reported as 110 ITD 428 (Delhi)/167 Taxman 30 (decided on 22/1/2008), recognised that foreign AE can be taken as tested party to determine ALP of the transaction subject to certain conditions. The relevant extract of the Tribunal order reads as under: “58. We have also given careful thought to the other submissions of Shri Vohra. The tested party normally should be the…

IMS HEALTH ANALYTICS SERVICES PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-

ITA 496/BANG/2016[2011-12]Status: DisposedITAT Bangalore25 Sept 2020AY 2011-12

Bench: Shri Arun Kumar Garodia, Am & Shri George Bench: K, Jm It (Tp) A Nos. 615, 496/Bang/2015 Assessment Year : 2010–11, 2011-12 M/S. Ims Health Analytics Services Pvt. Ltd., Global Delivery Center, Omega 9Th Floor, Embassy Dcit, Circle – 5 (1) (2), Techsquare, Marathahalli- Vs. Bangalore. Sarjapur Outer Ring Road, Kadubeesanahalli, Bangalore – 560103. Pan: Aadcp 1532 C Appellant Respondent : Shri. Ajit Tolani, Advocate,Shri. Darpan Kirpalani, Assessee By Advocate, Ms. Ruchita Paddy, Advocate Revenue By : Shri. Harinder Kumar, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 16.09.2020 Date Of Pronouncement : 25.09.2020

For Respondent: Shri. Ajit Tolani, Advocate,Shri. Darpan Kirpalani
Section 143(3)Section 14A

…TP study carried out by the assessee should be accepted and the TP adjustment proposed by TPO and accepted by DRP and AO should be deleted. Reliance was placed by him on the Tribunal order rendered in the case Ranbaxy Laboratory Ltd., Vs. ACIT as reported in 110 ITD 428 and he pointed out that reliance on this Tribunal order was placed before the TPO also in the same letter dated 09.01.2014 and in this regard, he drawn our attention to page 172 of the Paper Book. He further submitted that the relevant para of this Tribunal order has been reproduced by the assessee in that reply and it is available on page 174 of…

IMS HEALTH ANALYTICS SERVICES PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-

ITA 615/BANG/2015[2010-11]Status: DisposedITAT Bangalore25 Sept 2020AY 2010-11

Bench: Shri Arun Kumar Garodia, Am & Shri George Bench: K, Jm It (Tp) A Nos. 615, 496/Bang/2015 Assessment Year : 2010–11, 2011-12 M/S. Ims Health Analytics Services Pvt. Ltd., Global Delivery Center, Omega 9Th Floor, Embassy Dcit, Circle – 5 (1) (2), Techsquare, Marathahalli- Vs. Bangalore. Sarjapur Outer Ring Road, Kadubeesanahalli, Bangalore – 560103. Pan: Aadcp 1532 C Appellant Respondent : Shri. Ajit Tolani, Advocate,Shri. Darpan Kirpalani, Assessee By Advocate, Ms. Ruchita Paddy, Advocate Revenue By : Shri. Harinder Kumar, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 16.09.2020 Date Of Pronouncement : 25.09.2020

For Respondent: Shri. Ajit Tolani, Advocate,Shri. Darpan Kirpalani
Section 143(3)Section 14A

…TP study carried out by the assessee should be accepted and the TP adjustment proposed by TPO and accepted by DRP and AO should be deleted. Reliance was placed by him on the Tribunal order rendered in the case Ranbaxy Laboratory Ltd., Vs. ACIT as reported in 110 ITD 428 and he pointed out that reliance on this Tribunal order was placed before the TPO also in the same letter dated 09.01.2014 and in this regard, he drawn our attention to page 172 of the Paper Book. He further submitted that the relevant para of this Tribunal order has been reproduced by the assessee in that reply and it is available on page 174 of…

ITC INFOTECH INDIA LTD.,KOLKATA vs. A.C.I.T.,CIR-2(1), KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 552/KOL/2019[2010-11]Status: DisposedITAT Kolkata31 Jan 2020AY 2010-11

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

M/S ITC INFOTECH INDIA LTD.,KOLKATA vs. DCIT,CIR - 2(1),, KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 488/KOL/2019[2013-14]Status: DisposedITAT Kolkata31 Jan 2020AY 2013-14

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

M/S. ITC INFOTECH INDIA LTD., ,KOLKATA vs. ACIT, CIRCLE - 2(1), , KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 487/KOL/2019[2012-13]Status: DisposedITAT Kolkata31 Jan 2020AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

M/S. ITC INFOTECH INDIA LTD., ,KOLKATA vs. ACIT, CIRCLE - 2(1), , KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 486/KOL/2019[2011-12]Status: DisposedITAT Kolkata31 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 221/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Jan 2020AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

ACIT, CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. ITC INFOTECH INDIA LTD., , KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 220/KOL/2018[2011-12]Status: DisposedITAT Kolkata31 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

ACIT, CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. ITC INFOTECH INDIA LIMITED, KOLKATA

In the result, appeals filed by the Revenue in ITA No

ITA 2075/KOL/2017[2010-11]Status: DisposedITAT Kolkata31 Jan 2020AY 2010-11

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2075/Kol/2017 आयकरअपीलसं./Ita Nos.220 To 222/Kol/2018 ("नधा"रणवष" / Assessment Year:2010-11 To 2013-14)

For Appellant: Dr. P. K Srihari, CIT(DR) & Shri Supriyo Pal, JCIT Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri Bikash Chanda, FCA
Section 143(3)Section 40

…the TPO for rejection of foreign AE as the tested party, the Hon'ble Delhi ITAT in the case of Ranbaxy Laboratories Ltd. vs ACIT reported in (2016) 68 taxmann.com 322 (Delhi - Trib.) has overruled the earlier ruling in case of Ranbaxy Laboratories Ltd [[2008] 110 ITD 428 (DELHI)] which was relied upon by the Ld. TPO while rejecting overseas entities as the tested party . Further, the Mumbai tribunal in its case of Tata Motors European Technical Center Pic [2016] 66 taxmann.com 10 (Mumbai - Trib.) has also overturned the rulings pronounced in the case of Onward Technologies Limited [[2013] 26 ITR(T) 734 (Mumbai -…

TCG DIGITAL SOLUTIONS PRIVATE LIMITED,KOLKATA vs. ITO, WARD-2(4), KOLKATA, KOLKATA

In the result, Ground No. 5 and 6 raised by the assessee are allowed

ITA 1571/KOL/2016[2011-12]Status: DisposedITAT Kolkata13 Dec 2019AY 2011-12

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1571/Kol/2016 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri M.P. Lohia, CA & Shri Nikhil Tiwari, CAFor Respondent: Dr. P.K. Srihari, CIT(DR)
Section 143(3)Section 144CSection 144C(5)

…TCG Digital Solutions (P) Ltd Solutions (P) Ltd. Assessment Year:2011-12 23. The above concept of "tested party" has also been confirmed by Coordinate Bench of Delhi Tribunal, in the case of Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax (110 ITD 428) wherein, it was held as follows: "58 The tested party normally should be the party in respect of which reliable data for comparison is easy and readily available and fewest adjustments in computations are needed. It may be local or foreign entity, i. e., one party to the transaction. The object of transfer pricing exercise is to gather reliable…

ORGANON (INDIA) LIMITED,MUMBAI vs. ADDL. CIT, CIRCLE - 12, KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 1335/KOL/2010[2005-06]Status: DisposedITAT Kolkata15 May 2019AY 2005-06

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey

Section 195Section 40

…red to 'segment 3'. This proves that the appellant sell goods to its AE's at prices lower than the market price, so that on resale most of the profits would be reported in AE's jurisdiction. (v) Reliance is placed on Ranbaxy Laboratories Ltd. Vs. ACIT (2008) 110 ITD 428 (Delhi) wherein the Hon'ble Tribunal has dismissed the assessee's contention that internal uncontrolled transactions carried out by the taxpayer were not comparable with transactions with the AE's on account of the risk differential between them because it did not undertake risk of success or failure of product which were undertaken in transactio…

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

ITA 726/KOL/2017[2012-13]Status: DisposedITAT Kolkata16 Apr 2019AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri P.K. Srihari, CIT DR
Section 143(1)Section 143(3)Section 144CSection 144C(1)Section 144C(13)Section 271(1)Section 92CSection 92E

…the other transacting party or the real entrepreneur. " (emphasis added) 23. The above concept of "tested party" has also been confirmed by Coordinate Bench of Delhi Tribunal, in the case of Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax (110 ITD 428) wherein, it was held as follows: Almatis Alumina Pvt. Ltd. ITA Nos.726&2361/Kol/2017 Assessment Years:2012-13&2013-14 "58 The tested party normally should be the party in respect of which reliable data for comparison is easy and readily available and fewest adjustments in computations are needed. It may be local or foreign entity, i. e., one par…

ALMATIS ALUMINA PRIVATE LTD,KOLKATA vs. DCIT, CIRCLE-8(1), KOLKATA, KOLKATA

In the result, boththe appeals of the assessee in ITA No

ITA 2361/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Apr 2019AY 2013-14

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.726&2361/Kol/2017 ("नधा"रणवष" / Assessment Years: 2012-13& 2013-14)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri P.K. Srihari, CIT DR
Section 143(1)Section 143(3)Section 144CSection 144C(1)Section 144C(13)Section 271(1)Section 92CSection 92E

…the other transacting party or the real entrepreneur. " (emphasis added) 23. The above concept of "tested party" has also been confirmed by Coordinate Bench of Delhi Tribunal, in the case of Ranbaxy Laboratories Ltd. v. Additional Commissioner of Income-tax (110 ITD 428) wherein, it was held as follows: Almatis Alumina Pvt. Ltd. ITA Nos.726&2361/Kol/2017 Assessment Years:2012-13&2013-14 "58 The tested party normally should be the party in respect of which reliable data for comparison is easy and readily available and fewest adjustments in computations are needed. It may be local or foreign entity, i. e., one par…

M/S OBULAPURAM MINING COMPANY P. LTD.,,BELLARY vs. DCIT, BANGALORE

In the result, the appeal of the assessee is allowed

ITA 545/BANG/2012[2008-09]Status: DisposedITAT Bangalore29 Jul 2016AY 2008-09

Bench: Shri Sunil Kumar Yadav & Shri A.K.Garodia, Accounant Member

For Appellant: Shri Mayank Jain, AdvocateFor Respondent: Dr. Sibichen K.Mathew, CIT-III
Section 263Section 92A

…Ghaswala", 252 ITR 1 (SC). The Hon'ble Jurisdictional High Court has also taken a similar view in the case of "Ghanshyam K. Kharbani", 346ITR 443 (Bombay). 38. The Department has, then, also sought to place reliance on "Ranabaxy Laboratories vs. Addl. CIT" , 110 ITD 428 (Del.). In that case, it was held, with regard to assessment year 2004-05, that it is not right to contend that in not referring the question of determination of arm's length price to the TPO, as required by CBDT Instruction No.3 of 2003 (supra), the AO merely committed a procedural error. "Vodafone India Services P. Ltd.", (supra) was rendered b…

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