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“Section 92(3)”

Section References (mined)Section 92Section 92(3)47 judgments

GBT INDIA PRIVATE LIMITED,NEW DELHI vs. ACIT,OSD, DELHI

In the result, the assessee’s appeal is allowed as above

ITA 1764/DEL/2022[2018-19]Status: DisposedITAT Delhi26 Nov 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

Section 143(3)Section 234ASection 36(1)(vii)Section 36(2)

taxable income/profits (please refer page nos. 400-402 of the PB). It was contended that such approach was specifically prohibited under section 92(3) of the Act as evident from the decision of the GBT India Pvt. Ltd. Hon’ble Delhi High Court in the case of Mercer Consulting

PRECISION CAMSHAFTS LIMITED,PUNE vs. DCIT CIRCLE 1, SOLAPUR

In the result, appeal of the assessee is partly allowed

ITA 2744/PUN/2024[2021-22]Status: DisposedITAT Pune12 Nov 2025AY 2021-22

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2744/Pun/2024 निर्धारण वषा / Assessment Year: 2021-22 Precision Camshafts Limited, V Assessment Unit, E-102/103, Akkalkot Road S Income Tax Department Midc, Solapur – 413006. (National Faceless Maharashtra. Assessment Center), Jurisdiction : Pne C(1), Range 63, Deputy Commissioner Of Income Tax („Dcit‟), Circle-1, Solapur. Pan: Aabcp1086B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak - Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 21/08/2025 Date Of Pronouncement 12/11/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By Assessee Against The Assessment Order Under Section 143(3) R.W.S 144C(13) Read With Section 144B Of The Act, 1961 Dated 24.10.2024 For A.Y.2021-22 Emanating From Dispute Resolution Panel‟S Order Passed Under Section 144C(5) Of

Section 143(3)Section 144BSection 144C(1)Section 144C(5)Section 153Section 92B

valid comparable using other method under Rule 10AB? 3 ITA No.2744/PUN/2024 [A] 4. Charging of corporate guarantee commission would attract provision of section 92(3) of the act. On the facts and in the circumstances of the case and in law, the Ld. AO/Ld. TPO has erred in not appreciating ... cost-plus entity to provide support services to the Assessee. Therefore, charging of corporate guarantee commission would lead to attraction of Proviso of Section 92 (3) of the Act. The appellant company craves leave to add, alter, amend or delete any of the above grounds of appeal.” 1.1 Additional Ground

HAZIRA PORT PRIVATE LIMITED,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX, CICLE-2(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed on the above terms

ITA 265/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad26 Sept 2025AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Vishal Kalra & Shri Ankit SahniFor Respondent: Shri Prathvi Raj Meena, CIT DR
Section 143(3)Section 144BSection 144CSection 144C(3)Section 92C(3)

appreciating that a downward adjustment warranting a reduction of Assessee's income chargeable to tax is not permissible as per the provisions of Section 92(3) of the Act 8.6 Without prejudice, the search results provided by the TPO consist of several defects, and AO/ TPO/ DRP erred ... made by the TPO/ DRP, without appreciating that it was beyond the TPOs jurisdiction to make such adjustment owing to combined reading of Section 92(3), Section 92BA and Section 80IA(10) of the Act. Corporate Tax Grounds 10. That on the facts and circumstances of the case

TECHNIP INDIA LIMITED,NEW DELHI vs. ACIT, SPL RANGE-9, NEW DELHI

In the result, Appeal No.6390/Del/2017 is partly allowed as per above terms

ITA 9852/DEL/2019[2015-16]Status: DisposedITAT Delhi17 Sept 2025AY 2015-16

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 6390/Del/2017 Assessment Year: 2013-14 Ita No. 9852/Del/2019 Assessment Year: 2015-16 Technip Energies India Vs. Additional Commissioner Of Limited, ( Formerly Known As Income Tax, Technip India Limited), Special Range-9, A-4, Sector 1, Institutional New Delhi Area, Noida – 201 301 Pan No. Aaack3349R (Appellant) (Respondent)

For Appellant: Shri Vishal Kalra, Adv., Shri Yishu GoelFor Respondent: Shri Dharm Veer Singh, CIT (DR)
Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 250Section 92C

paper book). The same has also been noted/ computed by the TPO himself, refer page 24 of the TP order. As per section 92(3) of the Act, if after application of the transfer pricing principles the income of the Appellant is reduced then the transfer pricing provision will

TECHNIP INDIA LTD.,NOIDA vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

In the result, Appeal No.6390/Del/2017 is partly allowed as per above terms

ITA 6390/DEL/2017[2013-14]Status: DisposedITAT Delhi17 Sept 2025AY 2013-14

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 6390/Del/2017 Assessment Year: 2013-14 Ita No. 9852/Del/2019 Assessment Year: 2015-16 Technip Energies India Vs. Additional Commissioner Of Limited, ( Formerly Known As Income Tax, Technip India Limited), Special Range-9, A-4, Sector 1, Institutional New Delhi Area, Noida – 201 301 Pan No. Aaack3349R (Appellant) (Respondent)

For Appellant: Shri Vishal Kalra, Adv., Shri Yishu GoelFor Respondent: Shri Dharm Veer Singh, CIT (DR)
Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 250Section 92C

paper book). The same has also been noted/ computed by the TPO himself, refer page 24 of the TP order. As per section 92(3) of the Act, if after application of the transfer pricing principles the income of the Appellant is reduced then the transfer pricing provision will

FEDEX EXPRESS TRANSPORTATION AND SUPPLY CHAIN SERVICES (INDIA) PRIVATE LIMITED ,MUMBAI vs. ACIT 1(3)(1), MUMBAI

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

ITA 4783/MUM/2024[2020-21]Status: DisposedITAT Mumbai30 Jul 2025AY 2020-21

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 143(3)Section 144Section 144BSection 144C(1)Section 144C(13)Section 92CSection 92C(3)

nature of expense for the Appellant; accordingly, mark-up cannot be levied on such payment in view of the provisions of section 92(3) of the Act. The Appellant thus prays that if at all mark-up was to be applied, the same should be applied only on recovery

LEDVANCE PRIVATE LIMTED,GURGAON vs. DCIT, CIRCLE-2(1), DELHI

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

ITA 540/DEL/2022[2017-18]Status: DisposedITAT Delhi25 Jul 2025AY 2017-18

Bench: SHRI PRAKASH CHAND YADAV (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 234Section 50BSection 92(3)Section 92C(1)

hence any adjustment being made results in a decrease in the tax base of India which is in contravention to the provisions of Section 92(3) of the Act. Ledvance Pvt. Ltd. vs. DCIT 3. The Ld. AO/Ld. TPO pursuant to the directions of the Ld. DRP, erred by holding

PRECISION CAMSHAFTS LTD.,SOLAPUR vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT (NFAC), SOLAPUR

In the result, appeal of the assessee is allowed

ITA 1962/PUN/2024[2020-21]Status: DisposedITAT Pune10 Jul 2025AY 2020-21

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1962/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Precision Camshafts Ltd., V Assessment Unit, Income Tax E-102/103, Akkalkot Road, S Department (National Midc, Solapur – 413006. Faceless Assessment Center), Maharashtra. Jurisdiction Details : Pne- C(1), Range 63, Circle-1, Solapur. Pan: Aabcp1086B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 17/06/2025 Date Of Pronouncement 10/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Assessment Unit, Income Tax Department Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2020-21 Dated 25.07.2024, Emanating From Order Of Dispute Resolution Panel U/S.144C(5) Of The Act For A.Y.2020-21

Section 143(3)Section 144BSection 144C(5)Section 92(3)Section 928Section 92C

adopted as a valid comparable using other method under Rule 10AB? 4. Charging of corporate guarantee commission would attract provision of section 92(3) of the act On the facts and in the circumstances of the case and in law, the Ld. AO/Ld. TPO has erred in not appreciating ... cost-plus entity to provide support services to the Assessee. Therefore, charging of corporate guarantee commission would lead to attraction of Proviso of Section 92 (3) of the Act. B. Corporate tax ground 5. On the facts and circumstances of the case and in law, the Ld.AO has erred

UNILEVER INDIA EXPORTS LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE - 5(3), MUMBAI, MUMBAI

In the result, appeal filed by the assessee bearing ITA No

ITA 4301/MUM/2024[2020-21]Status: DisposedITAT Mumbai22 May 2025AY 2020-21
For Appellant: Ms. Karishma Phatarphekar a/wFor Respondent: Shri Mukesh Thakwani (SR DR)
Section 143(3)Section 144C(13)Section 153Section 234CSection 270A

nprovides for computation of income arising from an International Transaction on the basis of\nthe ALP in respect of transactions between AEs. Section 92(3) of the Act, which is part of Chapter\nX of the Act provides that the Transfer Pricing provisions will not apply where it results

NGA HR (INDIA) PRIVATE LIMITED,MUMBAI vs. ASSESSMENT UNIT, MUMBAI

Appeal of the assessee is allowed

ITA 3718/MUM/2024[2020-21]Status: DisposedITAT Mumbai17 Mar 2025AY 2020-21

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Respondent: Shri Pankaj Kumar, CIT-DR
Section 115JSection 143(3)Section 144C(13)Section 153(1)Section 153(4)Section 92(3)Section 92C

ignoring that the transfer pricing adjustment proposed leads to erosion of tax base in India which is in contravention to the provisions of section 92(3) of the Act, c. not appreciating the ratio laid down by the Hon'ble Income Tax Appellate Tribunal in the matter of Mercer Consulting ... same stating that the ALP could not be determined at Nil and that the order of the TPO is in violation of section 92(3) of the Act. The assessee in this regard had placed reliance on the decision of the Hon'ble Delhi Tribunal in the case Merecer Consulting

DEPUTY COMMISSIONER OF INCOME -TAX,CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 640/AHD/2024[2019-20]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2019-20

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DEPUTY COMMISSIONER OF INCOME -TAX,CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 639/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DEPUTY COMMISSIONER OF INCOME -TAX,CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 638/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 637/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2016-17

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 636/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 635/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2014-15
For Appellant: \nShri Tushar Hemani, Sr. Advocate &For Respondent: \nShri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of\nreducing the income of the assessee, no adjustment was proposed\nin accordance with the provision of Section 92(3) of the Act.\nThereafter, the AO had passed the final assessment order\nu/s.153A/143(3) of the Act on 31.03.2022 at total income of\nRs.4

DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MAHARASTRA

In the result, the appeal of the Revenue is dismissed

ITA 634/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. BEST OASIS LIMITED , MAHARASTRA

In the result, the appeal of the Revenue is dismissed

ITA 633/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad25 Feb 2025AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Abhay Thakur, CIT.DR & Shri B
Section 132Section 153ASection 271ASection 9(1)(i)Section 92(3)Section 92CSection 92D

revision of ALP had impact of reducing the income of the assessee, no adjustment was proposed in accordance with the provision of Section 92(3) of the Act. Thereafter, the AO had passed the final assessment order u/s.153A/143(3) of the Act on 31.03.2022 at total income of Rs.4

NGA HR (INDIA) PRIVATE LIMITED,MUMBAI vs. ASSESSMENT UNIT (JAO - DCIT, CIRCLE 7(1)(1), MUMBAI), MUMBAI

In the result the appeal filed by the assessee stands partly allowed and the stay petition filed by the assessee stands dismissed infructuous

ITA 5777/MUM/2024[2021-22]Status: DisposedITAT Mumbai31 Jan 2025AY 2021-22

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

Section 143(3)Section 144C(13)Section 153(1)Section 153(4)Section 253(1)(d)Section 92(3)Section 92C

No.122/Mum/2024 A.Y. 2021-22 3 adjustment proposed leads to erosion of tax base in India which is in contravention to the provisions of section 92(3) of the Act. c. not appreciating the ratio laid down by the Hon'ble Income Tax Appellate Tribunal in the matter of Mercer Consulting ... based, treating the same to be at nil, would actually result in the erosion of tax based. 6.2. The Ld.AR placed reliance on section 92(3) of the Act, that reads as under: Section 92 (1)…….. (2)……. (3) The provisions of this section shall not apply in a case where

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,MUMBAI vs. THE ACIT, INTL. TAXN.-2, AHMEDABAD

In the result, the appeal of the assessee is partly allowed, while the CO filed by the Revenue is dismissed

ITA 1783/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad18 Dec 2024AY 2015-16

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No.20/Ahd/2022 Assessment Year : 2014-15 & 1783/Ahd/2019 Assessment Year : 2015-16 Shell Global Solutions International B.V.,, Acit, International C/O. Bsr Associates & Llp Vs Taxation-1 903, Commerce House V Ahmedabad. Nr.Vodafone House Prahaladnagar Corporation Road, Ahmedabad. Pan : Aaics 3589 H (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar : Dr. Darsi Suman Ratnam, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 05/09/2024 & 06/12/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/12/2024

Section 143(3)Section 144C

hands of Indian AE. The assessee’s argument was based on ITA No.2390/Ahd/2018 & 1783/Ahd/2019 with CO 10 the interpretation of provision of section 92(3) read with section 92C(4) of the Act. 18. The Special Bench, however, rejected outright this contention of the assesse, noting that in terms ... income. This finding of the Special Bench are categorically noted in para 19 of the order as under: “19. A plain reading of Section 92(3), however, indicates that what is to be seen is impact on profits or losses for the year in consideration itself

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