Toluna India Pvt. Ltd. (supra) and Actis Advisers Pvt. Ltd. v. DCIT

20 ITR 138High Court2012#23562 most cited

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

Judgments citing Toluna India Pvt. Ltd. (supra) and Actis Advisers Pvt. Ltd. v. DCIT

ITO, NEW DELHI vs. M/S. KEANE WORLDZEN (I) PVT. LTD., GURGAON

In the result, the appeal is allowed for statistical purposes

ITA 1382/DEL/2012[2005-06]Status: DisposedITAT Delhi16 May 2016AY 2005-06

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2005-06

For Appellant: Shri S.D. Kapila, AdvocateFor Respondent: Dr. B.R.R. Kumar, Sr. DR

…5% Related Party Transactions is considered as controlled, thereby failing the test of comparability. This view has been taken in several decisions including by the Delhi Bench in Toluna India Pvt. Ltd. (supra) and Actis Advisers Pvt. Ltd. Vs. DCIT, (2012) 20 ITR 138 (Del.)(Trib.) and Mumbai Bench in Stream International Services Pvt. Ltd. Vs. ACIT 11 (IT) (2013) 141 ITD 492 (Mum.). Even though the TPO has not expressly applied any RPT filter, but, the fact of the matter remains that the very inclusion of a company in the list of comparables depends upon the fact that it should be a comparable uncontrolled t…

HEADSTRONG SERVICES (INDIA) PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result the appeal is partly allowed for statistical purposes

ITA 714/DEL/2015[2010-11]Status: DisposedITAT Delhi18 Mar 2016AY 2010-11

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2010-11

For Appellant: Shri Nageswar Rao, Adv. , ShFor Respondent: Shri Amrendra Kumar, CIT,DR

Section 143(3)Section 144CSection 154

…ated Party Transactions (RPTs) are considered as controlled, thereby failing the test of comparability. This view has been taken in several decisions including by the Delhi Bench in Toluna India Pvt. Ltd. (supra) and Actis Advisers Pvt. Ltd. Vs. DCIT, (2012) 20 ITR 138 (Del.)(Trib.). and Mumbai Bench in Stream International Services Pvt. Ltd. Vs. ACIT (IT) (2013) 141 ITD 492 (Mum.). 15.3. As against the TPO’s calculation of RPTs of this company at 11.93%, the Ld. AR has placed on record its calculation of RPTs of this company at 55.95%. We find that none of the calculations is correct. 26 Headstrong Service…

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

ITA 6200/DEL/2012[2008-09]Status: DisposedITAT Delhi11 Feb 2016AY 2008-09

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2008-09

For Appellant: Shri Nageswar Rao &For Respondent: Shri Amrendra Kumar, CIT,DR

Section 10ASection 143(3)Section 144C

…rd. It is found that the predominant view of the Tribunal in several cases is that the transactions of a company having more than 25% of Related Party Transactions (RPTs) are considered as controlled, 37 (supra) and Actis Advisers Pvt. Ltd. Vs. DCIT, (2012) 20 ITR 138 (Del.)(Trib.). and Mumbai Bench in Stream International Services Pvt. Ltd. Vs. ACIT (IT) (2013) 141 ITD 492 (Mum.). 22.3. Adverting to the facts of the instant case, it is noticed that the TPO recorded RPT as a percentage of sales at a level higher than 25% for both the companies so as to exclude them. The ld. AR contended that while computing…