Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT

44 SOT 391Income Tax Appellate Tribunal2011#3036 most cited

What is Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT authority for?

The Comparable Uncontrolled Price (CUP) method is preferred over indirect methods for determining the arm's length price in transfer pricing matters, especially for royalty payments.

39

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Serdia Pharmaceuticals India Pvt Ltd · 44 SOT 391 · ITAT · Transfer Pricing · Comparable Uncontrolled Price · CUP method · arm's length price · royalty payment · related party transaction · transactional net margin method

Also reported as

9 Taxmann.com 13

Sections most often in play

Section 143(3)Section 144C(13)Section 144C(5)Section 270ASection 92C(1)Section 10BSection 144BSection 274

Issues it is cited on

section 35abbsection 92asection 92c(1)section 92c(2)section 92(1)section 43(1)transactional net margin methodcup methodsection 92ca(1)arms length pricerelated party transactiondemerger

Judgments citing Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT

VODAFONE WEST LIMITED,(FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED),AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

ITA 671/AHD/2015[2010-11]Status: DisposedITAT Mumbai11 Dec 2025AY 2010-11
For Appellant: Shri K.K. VedFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 142Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 45Section 47Section 48

…28.01.2013 that he rejected assessee's method\nafter holding that the same was an indirect one liable to give way to the other\ndirect methods in the Income Tax Rules. He relied on this tribunal's decision\nin M/s. Serdia Pharmaceuticals India Pvt. Ltd. case 44 SOT 391 (Mumbai) to\nadopt CUP method (comparable uncontrolled price) in facts of the instant\ncase. He thereafter was of the view that arms' length price for royalty\npayment for \"Essar\" brand as Rs. Nil and corresponding payment had to be\nrestricted to 0.25% on gross sales as against 0.275% declared by the\nassessee. He adopted similar course of acti…

THE DY CIT, CIRCLE-4(1)(2),, AHMEDABAD vs. VODAFONE WEST LIMITED,, AHMEDABAD

In the result, the appeal by the Revenue is partly allowed for statistical\npurposes

ITA 1634/AHD/2015[2010-11]Status: DisposedITAT Mumbai11 Dec 2025AY 2010-11
For Appellant: Shri K.K. VedFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 142Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 45Section 47Section 48

…28.01.2013 that he rejected assessee's method\nafter holding that the same was an indirect one liable to give way to the other\ndirect methods in the Income Tax Rules. He relied on this tribunal's decision\nin M/s. Serdia Pharmaceuticals India Pvt. Ltd. case 44 SOT 391 (Mumbai) to\nadopt CUP method (comparable uncontrolled price) in facts of the instant\ncase. He thereafter was of the view that arms' length price for royalty\npayment for \"Essar\" brand as Rs. Nil and corresponding payment had to be\nrestricted to 0.25% on gross sales as against 0.275% declared by the\nassessee. He adopted similar course of acti…

ASSISTANT COMMISSIONER OF INCOME TAX, JHANDEWALAN EXTENSION, NEW DELHI vs. TVARUR AND FATS PRIVATE LIMITED, NEW DELHI

In the result, Appeal of the Revenue in ITA No

ITA 3006/DEL/2024[2016-17]Status: DisposedITAT Delhi24 Oct 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Assistant Commissioner Vs. Tvarur & Fats Pvt. Ltd. Of Income Tax, Unit No. 101, 102A, First Floor, Room No. 332, 3Rd Floor, Plot No. 9, Realtech Copia, Ara Centre, Jhandewalan Corporate Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent C.O. No. 83/Del/2024 (In Ita No. 3006/Del/2024) Tvarur & Fats Pvt. Ltd. Vs. Assistant Commissioner Of Unit No. 101, 102A, First Income Tax, Floor, Plot No. 9, Room No. 332, 3Rd Floor, Ara Realtechcopia, Corporate Centre, Jhandewalan Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent Assessee By Sh. Ashwani Kumar, Ca & Sh. Aditya Kumar, Ca Revenue By Sh. S. K. Jadhav, Cit(Dr) Date Of Hearing 05/08/2025 Date Of Pronouncement 24/10/2025

Section 92C

…1 ITA No. 3006/Del/2024& C.O. No. 83/Del/2024 ACIT Vs. Tvarur Fats Pvt. Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘H’ NEW DELHI) BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER Assistant Commissioner Vs. Tvarur and Fats Pvt. Ltd. of Income Tax, Unit No. 101, 102A, First Floor, Room No. 332, 3rd Floor, Plot No. 9, Realtech Copia, ARA Centre, Jhandewalan Corporate Suits, Jasola District Extension, New Delhi Centre, New Delhi PAN: AAECT7561Q Appellant Respondent C.O. No. 83/Del/2024 (in ITA No. 3006/DEL/2024) Tvarur and Fats Pvt. Ltd. Vs. Assistant C…

VODAFONE IDEA LTD. (EARLIER KNWON AS VODAFONE MOBILE SERVICES LTD.),MUMBAI vs. ACIT,. CIRCLE-26(2), NEW DELHI

In the result, all above said grounds are allowed for statistical purpose

ITA 8361/DEL/2019[2012-13]Status: DisposedITAT Delhi24 Oct 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shriyogesh Kumar U.S.Vodafone Idea Ltd Vs. Acit, (Earlier Known As Vodafone Circle-26(2), Mobile Services Ltd) New Delhi 10Th Floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai, Maharastra (Appellant) (Respondent) Pan: Aaacb2100P

For Appellant: Shri Salil Kapoor, AdvFor Respondent: Shri S. K,. Jadav, CIT DR
Section 115JSection 143(3)Section 144C(5)Section 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRIYOGESH KUMAR U.S.,JUDICIAL MEMBER Vodafone Idea Ltd Vs. ACIT, (earlier known as Vodafone Circle-26(2), Mobile Services Ltd) New Delhi 10th Floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai, Maharastra (Appellant) (Respondent) PAN: AAACB2100P Assessee by : Shri Salil Kapoor, Adv Ms. Soumya Singh, Adv Revenue by: Shri S. K,. Jadav, CIT DR Date of Hearing 13/08/2025 Date of pronouncement 24/10/2025 O R D E R PER SHRI S. RIFAUR RAHMAN: 1. The Assessee Vodafone Idea Ltd…

NTT INDIA PRIVATE LIMITED ,MUMBAI vs. ASSTT COMM. OF INCOME TAX-14(1)(1), MUMBAI

In the result, the appeal is accordingly partly allowed for statistical purposes

ITA 2491/MUM/2022[2018-19]Status: DisposedITAT Mumbai24 Jun 2025AY 2018-19

Bench: Ms. Padmavathy S & Shri Raj Kumar Chauhanntt India Private Vs. Assessment Unit/Nfac/Dcit Limited Circle 15(1)(2), 1701-1704, B Wing, One Mumbai Bkc, Level 17, G-Block, Aayakar Bhavan, Plot No. C-65, Bandra Mumbai. Kurla Complex, Bandra East, Mumbai-400 051. Pan/Gir No. Aaacd2145G (Applicant) (Respondent)

Section 142(1)Section 143(2)Section 143(3)Section 144CSection 271ASection 92C

…ational transaction of cost contribution of management fees, the TPO has applied CUP 9 NTT India Private Limited method as the most appropriate method relying on the decision in the case of Serdia Pharmaceuticals (India) (P.) Ltd of ITAT Mumbai reported in 44 SOT 391, and proposed a downward ALP adjustment of Rs. 99,09,31,854/- in respect of allocation of management fees. The ALP of this transaction was determined at Rs 7,81,85,549/- by the TPO considering that the third party invoice bills submitted by the assessee, an amount of Rs. 7,81,85,549/- was found to be allocable to the assessee for the management se…

OMNIACTIVE HEALTH TECHNOLOGIES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 8(2)(1), AAYAKAR BHAWAN, MUMBAI

In the result, assessee’s appeal is allowed for statistical purposes

ITA 4675/MUM/2024[AY 2020-21]Status: DisposedITAT Mumbai27 Feb 2025

Bench: SHRI NARENDRA KUMAR BILLAIYA (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

Section 143(3)Section 144BSection 144C(5)Section 270ASection 92CSection 92C(1)

…ange from TNMM to CUP method, the ld. Departmental Representative submitted the case law for the proposition that error should not be perpetuated. He further referred to ITAT decision in the case of Serdia Pharmaceuticals (India) (P.) Ltd. v Asstt. CIT [2011] 44 SOT 391/9 taxmann.com 13 (Mum.) that CUP method was to be preferred. 27. We have carefully considered the submissions and all the relevant records have been perused. We find that the first objection of the ld. Counsel of the assessee is that in the preceding years, for three years transactional net margin method was used to benchmark the international tra…

OMNI ACTIVE HEALTH TECHNOLOGIES LIMITED,MUMBAI vs. ADDL/JT/DY/ASST/CIT/ITO/NFAC, DELHI

ITA 748/MUM/2022[2017-18]Status: DisposedITAT Mumbai19 Apr 2023AY 2017-18
For Appellant: Shri Ketan VedFor Respondent: Shri Manoj Kumar
Section 115JSection 142(1)Section 143(3)Section 144BSection 144C(13)Section 14ASection 35Section 5Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL "J" BENCH, MUMBAI SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Omni Active Health Technologies Limited, T-8b, 5th Floor, Phoenix House, A Wing, Phoenix Mill Compound, 462, Senapati Bapat Marg, Lower Parel, Mumbai - 400013 [PAN: AADCP2914Q] …………… Appellant Vs Additional/Joint/Deputy/Assistant Commissioner of Income- tax/Income Tax Officer, National E- Respondent ……………. Assessment Centre, Delhi Appearance For the Appellant/Assessee : Shri Ketan Ved Ms Shraddha Jain For the Respondent/Department : Shri Manoj Kumar Shri Samuel Pitta Date Conclusion o…

JAIN IRRIGATION SYSTEMS LTD,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, JALGAON

Appeal is partly allowed in above terms

ITA 227/PUN/2018[2013-14]Status: DisposedITAT Pune22 Dec 2022AY 2013-14

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.227/Pun/2018 िनधा"रणवष" / Assessment Year : 2013-14 Jain Irrigation Systems Ltd., The Deputy Commissioner Of Jain Plastic Park, N.H No.6, Vs Income Tax, Circle-2, Jalgaon – 425001. . Jalgaon. Pan: Aaacj 7163 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala; Shri Prashant Maheshwari & Ms.Monicamulchandani – Ar’S Revenue By Shri B Koteswara Rao – Dr Date Of Hearing 23/09/2022 Date Of Pronouncement 22/12/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’Sappeal For Assessment Year 2013-14Is Directed Against Thedeputy Commissioner Of Income Tax, Cricle-2, Jalgaon’S Assessment Order Dated 29.10.2017, Framed In Furtherance To The Dispute Resolution Panel-3, Mumbai (Drp)’S Direction Dated 25.09.2017 Passed In Objection No.78, In Proceedings U/S 143(3) R,.W.S 144C(5) Of The Income Tax Act, 1961 [In Short “The Act”].

Section 143(3)Section 92D

…hich is direct in nature and applicable herein since the assessee’s stand all along is not supported by the internal comparables “non-AE’s” wherein there is no volume discount policy at all. This tribunal in M/s.Serdia Pharmaceuticals (I) Ltd. Vs. ACIT [2011] 44 SOT 391 (Mumbai) has settled the issue against the assessee and in department’s favour that this “CUP” method is a direct method to be preferred over all the other recognized indirect methods as most appropriate methods “MAM” under the provisions of the Act. Learned senior counsel’s endeavor to challenge correctness of the lower authorities action going b…

DCIT-LTU - 2, MUMBAI vs. AMBUJA CEMENTS LTD , MUMBAI

In the result, the appeal of the revenue is dismissed

ITA 2958/MUM/2019[2010-11]Status: DisposedITAT Mumbai07 Nov 2022AY 2010-11
Section 143(3)Section 14A

…ITA Nos. 1889 and 1241/Mum/2018, 2384, 2958, 3475 and 3843/Mum/2019 Assessment years: 2010-11, 2011-12 and 2012-13 Page 1 of 99 THE INCOME TAX APPELLATE TRIBUNAL MUMBAI K BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Sandeep S Karhail (Judicial Member)] ITA No.2384 and 3475/Mum/2019 and 1241/Mum/2018 Assessment years: 2010-11, 2011-12 and 2012-13 Ambuja Cement Limited .…………………………Appellant (formerly known as Gujarat Ambuja Cements Ltd.) Elegant Business Park, MIDC Cross Road B, Andheri (E) Mumbai 400 059 [PAN: AAACG0569P] Vs. Additional Commissioner of Income Tax Large Tax Payer Unit, Mumbai ……………...………

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

ITA 66/HYD/2019[2014-15]Status: DisposedITAT Hyderabad27 Jun 2022AY 2014-15

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

…poses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s next…

ZUARI CEMENT LIMITED ,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

ITA 2169/HYD/2018[2012-13]Status: DisposedITAT Hyderabad27 Jun 2022AY 2012-13

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

…poses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s next…

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Accordingly, this issue is allowed for statistical purposes

ITA 182/HYD/2018[2013-14]Status: DisposedITAT Hyderabad27 Jun 2022AY 2013-14

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

…poses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s next…

ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

ITA 254/HYD/2017[2012-13]Status: DisposedITAT Hyderabad27 Jun 2022AY 2012-13

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

…poses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s next…

ZUARI CEMENT LIMITED, KADAPA,KADAPA vs. ACIT, CIRCLE-1, KADAPA, KADAPA

Accordingly, this issue is allowed for statistical purposes

ITA 616/HYD/2016[2011-12]Status: DisposedITAT Hyderabad27 Jun 2022AY 2011-12

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

For Appellant: Shri Deepak Chopra and Shri Nitin Narang, AdvocatesFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)

…poses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s next…

THE DCIT, CIRCLE-1(1)(1), VADODARA vs. GULBRANDSEN CHEMICALS PVT. LTD, VADODARA

In the result, the appeal filed by the revenue is hereby dismissed

ITA 559/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad11 May 2022AY 2011-12

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 559/Ahd/2020 िनधा"रण वष"/Asstt. Years: 2011-12 D.C.I.T., Gulbrandsen Chemicals Pvt. Ltd, Circle-1(1)(1), Vs. On Coastal Highway, Vadodara. Mujpur, Tal. Padra, Vadodara.

For Appellant: Shri S.N. Soparkar, Sr. Advocate with Shri Parin Shah, A.RFor Respondent: Shri Aarsi Prasad, CIT.D.R
Section 92Section 92CSection 92C(2)

…of ascertaining the arm's length price. This principle has been reiterated in a large number of decisions of the coordinate benches, such as in the case of AC1T Vs MSS India Ltd [(2009) 32 SOT 132 (Pune) and Serdia Pharmaceutical India Pvt Ltd VS ACIT 1(2011) 44 SOT 391 (Mum)]. Going by this principle, all other things being equal, a direct method like Comparable Uncontrolled Price (CUP) method will have an edge over an indirect method like Transactional Net Margin Method (TNMM). That does not, and cannot, however mean that whatever be the fact situation, CUP is always a preferred method because of one of the ess…

TATA COFFEE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee is partly allowed, while the appeal by the department is dismissed

ITA 647/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Nov 2021AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bangalore
Section 143(3)Section 92

…. CIT [2010] 35 SOT 406 (Mum.) - Intervet India (P.) Ltd. v. Asstt. CIT [2010] 39 SOT 93 (Mum.) - Asstt. CIT v. Dufon Laboratories [2010] 39 SOT 59 (Mum.) 11" (b) The Mumbai Tribunal in the case of Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT [2011] 44 SOT 391/9 taxmann.com 13 while dealing with the priority of applications of methods for the determination of ALP, has held as under:— "64. . . as long as CUP method can be reasonably applied in determining the arm's length price of an international transaction in a particular fact situation, and unless another method is proven to be more reliable a metho…

DCIT, BANGALORE vs. M/S TATA COFFEE PVT. LTD.,, BANGALORE

In the result, the appeal of the assessee is partly allowed, while the appeal by the department is dismissed

ITA 560/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Nov 2021AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bangalore
Section 143(3)Section 92

…. CIT [2010] 35 SOT 406 (Mum.) - Intervet India (P.) Ltd. v. Asstt. CIT [2010] 39 SOT 93 (Mum.) - Asstt. CIT v. Dufon Laboratories [2010] 39 SOT 59 (Mum.) 11" (b) The Mumbai Tribunal in the case of Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT [2011] 44 SOT 391/9 taxmann.com 13 while dealing with the priority of applications of methods for the determination of ALP, has held as under:— "64. . . as long as CUP method can be reasonably applied in determining the arm's length price of an international transaction in a particular fact situation, and unless another method is proven to be more reliable a metho…

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Appeal is allowed in above terms

ITA 181/HYD/2018[2009-10]Status: DisposedITAT Hyderabad24 Sept 2021AY 2009-10

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahuassessment Year: 2009-10

For Appellant: Sri Deepak Chopra - ARFor Respondent: Smt. Anjala Sahu - DR
Section 143(3)

…oses.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT (2011) 44 SOT 391 (Mum). We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM; as the case may be (supra). 6. The Revenue’s nex…

DOW CHEMICALS INTERNATIONAL P.LTD,MUMBAI vs. ASST CIT 11(1)(1), MUMBAI

In the result, appeal of assessee for A

ITA 1786/MUM/2016[2011-12]Status: DisposedITAT Mumbai10 Sept 2020AY 2011-12

Bench: Shri Pawan Singh, Am & Shrim.Balaganesh, Am M/S. Dow Chemical Vs. Assistant Commissioner Of International Pvt. Ltd., Income Tax 11(1)(1) (Dcipl) As Successor Of Mumbai Rohm & Haas (India) Pvt. Room No.204, Ltd., (Rhipl) Aayakar Bhavan 1St Floor, Block B M.K.Road, 02, Godrej Business District Mumbai – 400 020 Pirojshanagar, Lbs Marg Vikhroli (W) Mumbai – 400 079 Pan/Gir No.Aaacd4467B & Aaacr2855F (Appellant) .. (Respondent)

Section 143(3)Section 144C(5)Section 92E

…IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT DB-III),’K’ BENCH MUMBAI BEFORE SHRI PAWAN SINGH, AM & SHRIM.BALAGANESH, AM M/s. Dow Chemical Vs. Assistant Commissioner of International Pvt. Ltd., Income Tax 11(1)(1) (DCIPL) as successor of Mumbai Rohm and Haas (India) Pvt. Room No.204, Ltd., (RHIPL) Aayakar Bhavan 1st Floor, Block B M.K.Road, 02, Godrej Business District Mumbai – 400 020 Pirojshanagar, LBS Marg Vikhroli (W) Mumbai – 400 079 PAN/GIR No.AAACD4467B & AAACR2855F (Appellant) .. (Respondent) Assessee by Shri Rajan Vora -AR Revenue by Shri Anand Mohan – CIT DR Date of Hearing 17/08/2020 Date of…

SANDOZ P.LTD,MUMBAI vs. ASST CIT RG 8(1)(2), MUMBAI

In the result, appeal of the assessee for assessment year 2008-09 is partly allowed

ITA 2263/MUM/2017[2012-13]Status: DisposedITAT Mumbai10 Sept 2020AY 2012-13

Bench: Shri Vikas Awasthy & Shri G.Manjunatha

For Appellant: S/Shri Rajan Vora &For Respondent: S/Shri Anand Mohan &
Section 133(6)Section 143(3)Section 37(1)

…f TPO in applying CUP as most appropriate method to determine ALP. In support of his contention the ld. Departmental Representative placed reliance on the decision of Tribunal rendered in the case of Serdia Pharmaceuticals India Pvt. Ltd. Vs. ACIT reported as 44 SOT 391(Mum) and Fulford (India) Ltd. vs. ACIT, 113 taxmann.com 286. The ld. Departmental Representative further submitted that since import of API and export of the final product manufactured by the assessee were not to same entities, therefore, the TPO and the DRP were justified in holding that both the transactions are distinct and unconnected. 12 I…

Showing 1–20 of 39 · Page 1 of 2