Toluna India (P.) Ltd. v. ACIT

151 ITD 177Income Tax Appellate Tribunal2014#11158 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Judgments citing Toluna India (P.) Ltd. v. ACIT

DELPHI AUTOMOTIVE SYSTEMS (P) LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1361/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Oct 2023AY 2010-11

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaaptive Components India P. Ltd, Vs. Deputy Commissioner (Formerly Known As Delphi Of Income-Tax, Automotive Systems P. Ltd), Circle-7(1), P-24, Green Park Extension, New Delhi South Delhi, New Delhi-110016 (Appellant) (Respondent) Pan:Aaacd0226E

For Appellant: Sh. Neeraj Jain, AdvFor Respondent: Sh. Rajesh Kumar, CIT DR
Section 143(3)Section 144CSection 92CSection 92C(2)

…t the other activities carried out by the company is only 10% of total revenue and software development services constitutes 90% of the total revenue. The ld DR relied on the decision of the Delhi Tribunal in the case of Toluna India Pvt. Ltd. VS. ACIT (2014) 151 ITD 177 which is rendered for AY 2007- 08 dated 26.08.2014 wherein, it was held in para 20.2 that this company is functionally comparable with the software development as predominantly services rendered by this company is only routine software development services. 10.8.2. The ld AR relied on the coordinate bench‟s decision of the Delhi Tribunal in the…

M/S MFORMATION SOFTWARE TECHNOLOGIES INDIA PVT LTD ,BANGALORE vs. OFFICE OF THE COMMISSIONER OF INCOME TAX (A)-4, BANGALORE

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

ITA 450/BANG/2017[2010-11]Status: DisposedITAT Bangalore06 Oct 2021AY 2010-11

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

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Priyadarshi Mishra, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92C

…e insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India (P.) Ltd. v. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the objections raised by the assessee. The decision of this Tribunal in the case of M/s. Electronics for Imaging India (P.) Ltd. v. DCIT…

M/S MFORMATION SOFTWARE TECHNOLOGIES INDIA PVT LTD,BANGALORE vs. COMMISSIONER OF INCOME TAX (APPEALS)-4, BANGALORE

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

ITA 1214/BANG/2017[2011-12]Status: DisposedITAT Bangalore06 Oct 2021AY 2011-12

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

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Priyadarshi Mishra, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92C

…e insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India (P.) Ltd. v. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the objections raised by the assessee. The decision of this Tribunal in the case of M/s. Electronics for Imaging India (P.) Ltd. v. DCIT…

AMETEK INSTRUMENTS INDIA PVT. LTD.,,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeal of the assessee is partly allowed, the revenue appeal is dismissed and C

ITA 499/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Sept 2021AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A No.398/Bang/2016 Assessment Year : 2011-12

For Appellant: Shri Sharath Rao, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 144C(5)Section 92B

…he insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India (P.) Ltd v. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the objections raised by the assessee. The decision of this Trintinal in the case of M/s. Electronics for Imaging India (P.) Ltd. v. DCI…

ASST.C.I.T., BANGALORE vs. M/S AMETEK INSTRUMENTS INDIA PRIVATE LIMITED, BANGALORE

In the result, the appeal of the assessee is partly allowed, the revenue appeal is dismissed and C

ITA 398/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Sept 2021AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A No.398/Bang/2016 Assessment Year : 2011-12

For Appellant: Shri Sharath Rao, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 144C(5)Section 92B

…he insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India (P.) Ltd v. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the objections raised by the assessee. The decision of this Trintinal in the case of M/s. Electronics for Imaging India (P.) Ltd. v. DCI…

M/S. NOKIA SOLUTIONS AND NETWORKS INDIA PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal filed by the assessee in ITA No/

ITA 2810/DEL/2014[2009-10]Status: DisposedITAT Delhi23 Aug 2019AY 2009-10

Bench: Shri N.K. Billaiya & Shri Pavan Kumar Gadale[A.Y 2009-10] Nokia Solutions & Networks India Pvt Ltd Vs. The A.C.I.T. 7Th Floor, Building No. 9A Circle – 13(1) Dlf Cyber City, Sector 25A New Delhi Gurgaon - Haryana

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Sanjay I Bara, CIT-DR
Section 143(3)Section 144C(2)(b)

…. Since this company offers integrated hardware and packaged software solutions, the same cannot be considered as comparable with the assessee company, which is simply providing software related services. The Tribunal in Toluna India Pvt. Ltd. VS. ACIT (2014) 151 ITD 177 (Delhi) and Motorola Solutions India Pvt. Ltd. (supra), both of which were rendering software development services, has treated this company as functionally not comparable. We, therefore, order for the exclusion of this company from the list of comparables." 111. No change of circumstances is brought to our notice either by the assessee or by t…

GT NEXUS SOFTWARE PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee's appeal is allowed and revenue’s appeal is partly allowed

ITA 409/BANG/2016[2011-12]Status: DisposedITAT Bangalore18 Apr 2017AY 2011-12

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Padamchand Khincha, C.AFor Respondent: Ms. Neera Malhotra, CIT (DR) (ITAT)-2, Bengaluru
Section 143(3)Section 92C

…insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India Pvt. Ltd. Vs. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the objections raised by the assessee. The decision of this Tribunal in the case of M/s. Electronics for Imaging India Pvt. Ltd. Vs. DCI…

M/S AMD INDIA PRIVATE LTD.,,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the assessee’s appeal is allowed and the Revenue’s appeal is partly allowed

ITA 1487/BANG/2015[2011-12]Status: DisposedITAT Bangalore07 Apr 2017AY 2011-12

Bench: Smt. Asha Vijayaraghavan & S. Jayaraman

For Appellant: Shri. Padamchand Khincha, CAFor Respondent: Smt. Neera Malhotra, CIT-DR
Section 10ASection 115JSection 143(3)

…insignificant variation in activity if any cannot be a determinative factor while computing the ALP under Transactional Net Margin Method (TNMM). He has relied upon the decision of the Delhi Bench of ITAT in the case of Toluna India Pvt. Ltd. Vs. ACIT (2014) 151 ITD 177. 9.1.3 We have considered the rival submissions as well as the relevant material on record. We find that the assessee has raised objections against this company before the DRP. However the DRP did not adjudicate the IT(TP)A.1487 & 1496/Bang/2015 Page - 18 objections raised by the assessee. The decision of this Tribunal in the case of M/s. Electr…

ITO, NEW DELHI vs. M/S EVALUESERVE.COM PVT. LTD.,, NEW DELHI

In the result appeal filed by the revenue stands dismissed

ITA 5270/DEL/2012[2007-08]Status: DisposedITAT Delhi13 Dec 2016AY 2007-08

Bench: Shri N. K. Saini & Smt. Beena A. Pillaii.T.A. No. 5270/Del/2012 (Assessment Year 2007-08) Income Tax Officer Evaluesserve.Com Pvt. Ltd. Vs. 701, Guru Apartments, Ward-11(2),Room No. 321, Sector-14, Rohini, C. R. Building, New Delhi New Delhi (Appellant) Gir / Pan : Aace8014F (Respondent) & Co No. 462/Del/2012 (In Ita No. 5270/Del/2012) Assessment Year : 2006-07 Evaluesserve.Com Pvt. Ltd. Income Tax Officer 701, Guru Apartments, Vs. Ward-11(2), New Delhi Sector-14, Rohini, New Delhi Gir/Pan:Aace8014F (Appellant) (Respondent) Revenue By : Mr. Neeraj Kumar, Sr. Dr. Assessee By : Mr. Salil Kapoor, Adv. Ms. Ananya Kapoor, Adv. Date Of Hearing : 19.10.2016 Date Of Pronouncement: 13.12.2016 Order Per Beena A. Pillai, Jm: 1. The Present Appeal By The Revenue & Cross Objection By The Assessee Against Order Dated 31/07/2012 Passed By Ld.Cit (A)-20, New Delhi For Assessment Year 2007-08. In The Department Appeal Following Grounds Have Been Raised.

For Appellant: Mr. Salil Kapoor, AdvFor Respondent: Mr. Neeraj Kumar, Sr. DR
Section 10Section 10A

…2007-08, the company gave effect to the above scheme of amalgamation and demerger w.e.f. October 2006 and the entire accounts of the company for FY 2006-07 were also revised. In the case of Tallulah India private limited versus ACIT “(2014) 50 Taxmann.com 24/151 ITD 177 (Delhi), it was held that a company cannot be considered as comparable because of exceptional financial results due to mergers/Demergers.” 5.3. Respectfully following the afforested ratio laid, we do not find any infirmity with the decision of Ld.CIT (A) in excluding this company from the list of comparables. Accordingly this ground raised by t…

Toluna India (P.) Ltd. v. ACIT (151 ITD 177) — Cited in 9 Judgments | BharatTax