“draft assessment order”

M/S Honeywell Technology Solutions Lab Private Limited, Bangalore vs. Joint Commissioner of Income Tax Special Range-3, Bangalore

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuassessment Year : 2012-13

price ITES as under after making adjustment of Rs.59,786,356/- vide order 29/01/2016 :- Page 11 of 42 6. Accordingly the AO passed draft assessment order dated 29/01/2016 which was served to the assessee company on 22/03/2016. The assessee vide its letter dated 7th April, 2016 has intimated in accordance

Textron India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeal filed by the assessee stands allowed on the grounds argued by assessee and other issues that has not been pressed is kept open

Adjustment on international J=H-I 1,04,01,313 transactions 7.6 On receipt of the transfer pricing order, the Ld.AO passed draft assessment order by making a further disallowance as under:  Disallowance of secondment expenses at Rs.31,09,572/-  Disallowance of broadband charges for non-deduction of TDS – Rs.58 ... deduction u/s. 10AA of the Act and therefore total income of the assessee was computed at Rs.9,89,27,766/-. Aggrieved by the draft assessment order, assessee filed objections before the DRP. The DRP after considering the submissions, upheld the order of the Ld.AO/TPO. Page

Atos It Services Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-1(1)(1), Bangalore

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

Bench: Shri George George K. & Ms. Padmavathy S

software development services [SWD] segment of the assessee. The IT(TP)A No.226/Bang/2021 Page 3 of 25 AO passed a draft assessment order incorporating the TP adjustment and also made a disallowance towards depreciation on goodwill for Rs.23,37,85,398. The assessee filed objections before the DRP who confirmed

Citrix R & D India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 2(1)(1), Bangalore

In the result, the appeal filed by the assessee stands allowed partly as indicated herein above

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 220/Bang/2021 Assessment Year : 2016-17 M/S. Citrix R&D India Pvt. Ltd., The Deputy Prestige Dynasty, Commissioner Of Ground Floor, Income Tax, 33/2, Ulsoor Road, Circle – 2(1)(1), Bangalore – 560042. Vs. Bangalore. Pan: Aabcn3639C Appellant Respondent Assessee By : Shri Sumit Khurana, Ca Revenue By : Shri M. Mathivanan, Cit-Dr Date Of Hearing : 04-07-2022 Date Of Pronouncement : 25-08-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Assessment Order Dated 30/03/2021 Passed By The National E-Assessment Centre, Delhi Relating To Assessment Year 2016-17 On Following Grounds Of Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another. 1. That The Order Passed By The Learned Ao To The Extent Prejudicial To The Appellant, Is Bad In Law & Liable To Be Quashed. Transfer Pricing - 2. That The National E-Assessment Centre, Delhi / Deputy Commissioner Of Income Tax, Circle 2(1)(1), Bangalore ("Assessing Officer" Or "Learned Ao") & The Dispute Resolution Panel - 1 ("Learned Panel" Or "Learned Drp")

shortfall. Page 10 of 53 IT(TP)A No. 220/Bang/2021 2.8 On receipt of the transfer pricing order the Ld.AO passed the draft assessment order on 20/12/2019. In the draft assessment order the Ld.AO made further additions. 2.9 The Ld.AO noted that during the year under consideration, the assessee spent ... claim by holding that the payment lack voluntary act cannot be basis to disallow the deduction. The assessee on receipt of the draft assessment order raised objection before the DRP. The DRP upheld the comparable under the SWD segment, however under ITES segment DRP inclusion three comparables that was submitted

M/S Infineon Technologies India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(1), Bangalore

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 3355/Bang/2018 Assessment Year : 2014-15 M/S. Infineon Technologies India Pvt. The Deputy Ltd., Commissioner Of 9Th Floor, Prestige Income Tax, Thirulakshmi, Circle – 3(1)(1), No. 11, Mg Road, Vs. Bangalore. Bangalore. Pan: Aabcs6967N Appellant Respondent : Shri K.R. Vasudevan, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit Dr Date Of Hearing : 12-07-2022 Date Of Pronouncement : 25-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 26/10/2018 By The Ld.Dcit, Circle – 3(1)(1), Bangalore On Following Grounds Of Appeal: “A. Transfer Pricing The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. 1. The Learned Assessing Officer ('Learned Ao'), Learned Transfer Pricing Officer ('Learned Tpo') & The Honourable Dispute Resolution Panel ('Hon'Ble Drp') Grossly Erred In Adjusting The Transfer Price By Inr 9,56,93,721/- With Respect To The International

Ld.TPO thus proposed the following adjustment in the hands of the assessee. 2.8 While passing the draft assessment order, the Ld.AO proposed following additions. 1. Disallowance u/s. 40(a)(i) of reimbursement of salary cost as FTS for non-deduction of TDS amounting to Rs.69,07,859/- and 2. Disallowance ... depreciation of Rs. 11,25,986/- 2.9 On receipt of the draft assessment order, assessee filed objections before the DRP. The DRP upheld the proposed additions by the Ld.AO in the draft assessment order. 2.10 On receipt of the DRP directions, the Ld.AO made additions in the hands

M/S Praxair India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Ltpu Circle-1, Bangalore

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

towards technical and support services and payment of interest on CCDs aggregating to Rs.121,49,28,777. Pursuant to the TPO’s order, draft assessment order dated 16.12.2016 3 IT(TP)A No.2839/Bang/2017. M/s.Praxair India Private Limited. was passed by the A.O. incorporating the aforesaid TP adjustments and making certain ... front. 4. Aggrieved, the assessee filed objections before the Dispute Resolution Panel (DRP). The DRP vide its directions dated 18.09.2017, largely confirmed the draft assessment order. Pursuant to the DRP’s directions, the final assessment order was passed on 31.10.2017. 5. Aggrieved by the final assessment order, the assessee

M/S. Rittal India Private Limited, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

Bench: Shri George George K. & Ms. Padmavathy S

notional interest on delayed receivables by applying the interest rate at 6 month LIBOR + 450 basis points i.e. 5.975%. The AO passed a draft assessment order including the TP adjustment and also made a disallowance u/s. 37 for an amount of Rs.2,39,67,181 against the provision for expenses

Safran Engineering Services India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circe-6(1)(1), Bangalore

In the result, the appeal by the assessee is allowed for statistical purposes

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2017-18

rectify the computational error in the adjustment proposed - Gr. No. 4 (e) The adjustment of Rs 47,86,977 shown in the draft assessment order has been enhanced to Rs 69,01,390 without any basis - Gr. No. 5. 5. The ld. AR submitted that the assessee is not disputing

M/S. Nike India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.203/Bang/2021 : Asst.Year 2016-2017 M/S.Nike India Private Limited The Deputy Commissioner Of Ground & First Floor, Olympia Income-Tax, Circle 3(1)(1) V. Bangalore. Building, No.66/1, Begmane Tech Park, C.V.Raman Nagar Bangalore – 560 093. Pan : Aabcn9612K. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Bijoy Kumar Panda, Cit-Dr Date Of Pronouncement : 24.08.2022 Date Of Hearing : 23.08.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 27.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Wholesale Distributor Of Nike Brand Products In India. For The Assessment Year 2016-2017, The Return Of Income Was Filed On 30.11.2016 Declaring Total Loss Of Rs.164,42,63,191. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Served. During The Course Of Assessment Proceedings, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The 2 It(Tp)A No.203/Bang/2021. M/S.Nike India Private Limited. Arm’S Length Price (Alp) Of The International Transaction Undertaken By The Assessee With Its Associate Enterprises (Aes). The Tpo Vide Order Dated 31.10.2019, Passed U/S 92Ca Of The I.T.Act, Proposed The Tp Adjustment Totaling To Rs.63,27,41,494 Under Various Segments. The Details Of The Same Are As Follows:- Segment Adjustment (Rs.) Issue Of Sourcing Commission 30,57,35,722 Reimbursement Of Expenses 17,77,95,683 Third Party Royalty 2,00,08,967 Amp Expenses 12,92,01,122 Total 63,27,41,494

royalty 2,00,08,967 AMP expenses 12,92,01,122 Total 63,27,41,494 3. Pursuant to the TPO’s order, draft assessment order was passed on 26.12.2019 incorporating the above TP adjustments. The Assessing Officer also made certain corporate tax additions / disallowances. 4. Aggrieved, the assessee filed ... order dated 05.02.2021, disposed of the objections raised by the assessee. The DRP partially granted relief to the assessee. Pursuant to the draft assessment order, the impugned final assessment order was passed on 27.03.2021. 5. Aggrieved, the assessee has filed the present appeal before the Tribunal. Both the parties agreed