“associated enterprises”

Towers Watson India P.Ltd, Mumbai vs. DCIT Cir 8(3), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhwillis Towers Watson Vs. The Dcit Central India Private Limited Circle – 8(3), Room No. 204, (F Orm Erly K Nown As T Ower S Wat S On I Nd Ia Pv T.L Td. ) Aaykar Bhavan 2 Floor, Tower B, Unitech Mumbai – 400 093 Business Park, South City-1, Sector 4, Gurgaon -122001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacg2955K Appellant .. Respondent Appellant By : Nikhil Tiwari Respondent By : Manoj Kumar Date Of Hearing 02.05.2023 Date Of Pronouncement 12.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-58, Mumbai Dated 25.03.2015 For A.Y. 2009-10. The Assesse Has Raised The Following Grounds Before Us: “General Ground 1. Erred In Upholding The Action Of The Deputy Commissioner Of Income-Tax 8(3), Mumbai ('Learned Ao) In Determining The Total Taxable Income Of The Appellant For The Subject Ay At Rs.7,04,44,370 Instead Of The Amount Of Rs.1,14,98,477 As Reported Under Section 115Jb Of The Act, In The Return Of Income Filed By The Appellant. 2. Erred In Accepting The Contentions Of The Learned Ao Of Making A Reference Of The Appellant'S Case To The Deputy Commissioner Of Income-Tax Ii(8), Mumbai (Learned Tpo) Under Section 92Ca(1) Of The Act, Without Satisfying The Conditions Specified Therein

total income of the Appellant on the premise that the international transactions entered by the Appellant with its associated enterprises (AEs) were not at arm's length: Rejection of benchmarking analysis undertaken by the Appellant 4. erred in upholding the learned TPO's action of rejecting the benchmarking analysis undertaken ... actuarial services, remuneration data collection and other HR Consultancy services. During the year under consideration the assesse has reported the international transaction with its associate enterprise in form no. 3CEB, P a g e | 5 Willis Towers Watson India Pvt. Ltd. Vs. The DCIT, CC-8(3) therefore

Shapoorji Pallonji Oil and Gas Private Limited, Mumbai vs. NFAC, Delhi

In the result, the appeal is allowed partly for statistical

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2018-2019 Shapoorji Pallonji Oil & Gas Pvt. The National Faceless Ltd., Assessment Centre, 41/44 Shapoorji Pallonji Centre, Vs. Mumbai. Minoo Desai Marg, Colaba, Mumbai-400 005. Pan No. Aaecc 9599 B Appellant Respondent Assessee By : Mr. Gautam Thacker Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 02/05/2023 : Date Of Pronouncement 11/05/2023 Order

various entities including services in oil and gas sector to various entities including services in oil and gas sector to various entities including Associated Enterprises nterprises (AEs). For the year under consideration, the . For the year under consideration, the assessee filed return of income assessee filed return of income, which

Fusion Jewellery Mfg. Co. P.Ltd, Mumbai vs. Pr CIT 9, Mumbai

Departmental Representative supported the 4. order of the PCIT and submitted that the issue related to delay payments received by the Appellant from its Associated Enterprises M/s. Lucent Jewellers Inc. (USA) was not examined during the assessment proceeding. The material placed before the Assessing Officer was sufficient to invite further ... Assessing Officer while passing the assessment order. 3. It is further observed that major purchases and sales transactions of the assessee are with its Associated Enterprise, M/s. Lucent Jewellers Inc (USA), and whereas substantial outward remittances against Imports have been made, inward remittances against exports to the same party

Owens Corning Inc., Mumbai vs. The Dy Comm of Income Tax (International Tax), Circle -3(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

aggrieved by the decision of the Assessing Officer in assessing the lease rental income of Rs. 14.88 crores received by it from its Associated Enterprises as royalty under section 9(1)(vi) of the Act as well as under Article 12 of the DTAA entered between the India ... Tribunal. 4. At the time of hearing, the learned AR submitted that the assessee has received identical lease rental income from its Indian associated enterprises in the earlier years also and the same was assessed as royalty by the Assessing Officer. He submitted that the Tribunal has deleted the said

3I Infotech Limited, Mumbai vs. Pr. CIT- 15, Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm 3I Infotech Limited Pcit-15 Tower No.5, 5Th Floor, Aaykar Bhavan, 3Rd To 6Th Floors, Vs. International Infotech Park, Mumbai-400 020 Vashi, Navi Mumbai-400 703 (Appellant) (Respondent) Pan No. Aaaci5205Q Assessee By : Shri Bhupendra Karkhanis, Shri Jay Dharod, Ars Revenue By : Ms. Samruddhi Hande, Dr Date Of Hearing: 17.02.203 Date Of Pronouncement : 10.05.2023

assessment order directing the learned Assessing Officer to refer the international transaction of 3I Infotech Limited; A.Y. 13-14 loan given to the Associated Enterprises, M/s 3I Infotech Holdings Pvt. Ltd., Mauritius which came into existence on conversion of assessee’s investment in redeemable preference share ... whereby he directed the AO to refer the international transaction of interest on loan on conversion of preference shares to the Associated Enterprise (AE) to the Transfer Pricing Officer (TPO) for determination of Arm's Length Price and the reasons assigned for doing so are wrong and contrary

ACIT Cir 2(3)(1), Mumbai vs. Canvas M Technologies Ltd, Mumbai

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Canvas M Technologies Ltd. Acit Cir 2(3)(1) (Now Known As M/S. Tech Room No. 552, 5Th Floor, Aayakar Mahindra Ltd.) Bhavan, M.K. Road, Vs. Gateway Building, Apollo Mumbai-400 020 Bunder, Mumbai – 400 001 (Appellant) (Respondent) Pan No. Aaccc8665N Assessee By : Mr. Viral Shah, Ar Revenue By : Ms. Samruddhi Hande, Dr Date Of Hearing: 15.02.2023 Date Of Pronouncement : 10.05.2023

total income of ₹7,69,35,266/-. It was picked up for scrutiny. As assessee has entered into international transactions with its Associated Enterprises [AE] and therefore, the reference was made to the learned Transfer Pricing Officer for determination of Arm's Length Price. The only transaction in dispute ... crores related to reimbursement of expenses paid to its associated enterprises. It is stated that assessee has paid on-site Canvas M Technologies Ltd(Now known as Tech Mahindra Ltd);A.Y. 2011-12 computer consultancy and programming support services of ₹22.67 crores to its Associated Enterprises. As per the contractual

Goldman Sachs & Co., Mumbai vs. Dy CIT (International Taxation)-2(3)(2), Mumbai

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

Royalty under Article 12 of the India-US DTAA without appreciating the fact that these constitute expenses allocated by the Appellant to its Associated Enterprises (AES) in India as reimbursement of expenses incurred on behalf of the AEs in India. 4. In levying interest under section 234A ... inter-alia, earned income amounting to Rs.42,54,10,671, in respect of professional services received from Goldman Sachs Services Private Limited (“GSSPL”), its associated enterprise in India, which was offered to tax as Fees for Technical Services (“FTS”) under section 115A of the Act @ 10.30%. During the year under

Goldman Sachs & Co., Mumbai vs. DCIT- 2(3)(2), Mumbai

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

Royalty under Article 12 of the India-US DTAA without appreciating the fact that these constitute expenses allocated by the Appellant to its Associated Enterprises (AES) in India as reimbursement of expenses incurred on behalf of the AEs in India. 4. In levying interest under section 234A ... inter-alia, earned income amounting to Rs.42,54,10,671, in respect of professional services received from Goldman Sachs Services Private Limited (“GSSPL”), its associated enterprise in India, which was offered to tax as Fees for Technical Services (“FTS”) under section 115A of the Act @ 10.30%. During the year under

Goldman Sachs & Co, Mumbai vs. DCIT (It)-2(3)(2), Mumbai

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

Royalty under Article 12 of the India-US DTAA without appreciating the fact that these constitute expenses allocated by the Appellant to its Associated Enterprises (AES) in India as reimbursement of expenses incurred on behalf of the AEs in India. 4. In levying interest under section 234A ... inter-alia, earned income amounting to Rs.42,54,10,671, in respect of professional services received from Goldman Sachs Services Private Limited (“GSSPL”), its associated enterprise in India, which was offered to tax as Fees for Technical Services (“FTS”) under section 115A of the Act @ 10.30%. During the year under

Goldman Sachs & Company, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation) 2(3)(2), Mumbai

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

Royalty under Article 12 of the India-US DTAA without appreciating the fact that these constitute expenses allocated by the Appellant to its Associated Enterprises (AES) in India as reimbursement of expenses incurred on behalf of the AEs in India. 4. In levying interest under section 234A ... inter-alia, earned income amounting to Rs.42,54,10,671, in respect of professional services received from Goldman Sachs Services Private Limited (“GSSPL”), its associated enterprise in India, which was offered to tax as Fees for Technical Services (“FTS”) under section 115A of the Act @ 10.30%. During the year under

Jsw Steels Ltd, Mumbai vs. DCIT CC 8(3), Mumbai

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

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

record. During the year under consideration, the M/s. JSW Steel Ltd. ITA no.2116/Mum./2017 assessee entered into the following international transactions with its associated enterprises:- Nature of international Most appropriate Arm’s Length Analysis transaction method The AEs' landed cost i.e. CIF from third parties was considered for Export ... acquired companies for their working capital requirements. M/s. JSW Steel Ltd. ITA no.2116/Mum./2017 During the financial year 2008-09, JSW Netherlands (i.e. associated enterprise) had entered into a loan agreement with Bank of India (Singapore Branch) for USD 100 million. This loan was availed by JSW Netherlands for making

L'Oreal India Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Income Tax, Circle-7(1)(1), Mumbai

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

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm L’Oreal India Private Limited Asst. Cit, Circle-7(1)(1) A-Wing, 8Th Floor, Marathon Futurex, Mumbai-400 020 N.M.Joshi Marg, Lower Parel, Vs. Mumbai-400 013

international transaction under Section 92B of the Act. 3. Erred in ignoring that the Appellant has not rendered any service to the Associated Enterprises (AEs) and hence erroneously treating and categorizing AMP expense incurred by the Appellant on its own behalf, as an international transaction of the nature of provision ... engaged in the business of manufacturing of cosmetic products and marketing and sales of cosmetic products manufactured by the assessee and imported from overseas associated enterprises (AE). It is observed that the assessee company which is a subsidiary of L’oreal SA is an entrepreneur licensee for the Indian market

M/S. Viraj Profiles Pvt. Ltd (Formerly Known As Viraj Profiles Ltd, Mumbai vs. DCIT Central Cir 3(2), Mumbai

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

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

next common issue urged by both the parties relate to the transfer pricing adjustment in respect of Commission on Corporate Guarantee given to the Associated Enterprises by the assessee. 6.1 The assessee had provided Corporate Guarantee to its Associated Enterprises for the loan taken by them. The assessee contended before ... directed the AO to restrict the Commission on Corporate Guarantee given by the assessee @ 0.50% of actual value of loan taken by the Associated Enterprises. Both the parties are aggrieved. While the assessee seeks further reduction, the revenue contends that the guarantee commission should be retained @ 1.50%. 6.3 We have

Ingredion India Private Limited, Navi Mumbai vs. ACIT, Circle-15(1)(2), Mumbai

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

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

Appellant, under section 92CA(3) of the Act in respect of the international transaction of payment of regional service fees made to its Associated Enterprises (AEs) during the year ended 31 March 2018. 1.2 On the facts and circumstances of the case and in law, the learned TPO/ learned ... Assessing Officer (“AO”), the assessee submitted that in respect of the international transaction pertaining to availing of Regional Services, Ingredion Singapore (i.e. its associated enterprise) functions as the regional headquarters for Ingredion’s APAC operations, provided significant level of strategy and operational direction to the assessee, and controls key entrepreneurial

DCIT C.C. 3(2), Mumbai vs. M/S. Viraj Profiles Ltd, Mumbai

In the result, both the appeals of the assessee are partly allowed and both the appeals of the revenue are dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

next common issue urged by both the parties relate to the transfer pricing adjustment in respect of Commission on Corporate Guarantee given to the Associated Enterprises by the assessee. 6.1 The assessee had provided Corporate Guarantee to its Associated Enterprises for the loan taken by them. The assessee contended before ... directed the AO to restrict the Commission on Corporate Guarantee given by the assessee @ 0.50% of actual value of loan taken by the Associated Enterprises. Both the parties are aggrieved. While the assessee seeks further reduction, the revenue contends that the guarantee commission should be retained @ 1.50%. 6.3 We have

Tranztar Commercial Vehicle Applications Ltd, Mumbai vs. ITO Ward 14 (3)(2), Mumbai

In the result, appeal of the assessee is allowed

Bench: Amit Shukla () & Ms. Padmavathy S. ()

statutory notices were duly served on the assessee. The Assessing Officer noticed that the assessee has entered into specified domestic transactions (SDT) with the Associated Enterprises (AE) exceeding Rs.15 crores and accordingly, made a reference to the Transfer Pricing Officer (TPO) to compute the arm’s length price

Lord India P.Ltd, Mumbai vs. Asst CIT 10(2)(1), Mumbai

In the result we allow the additional ground raised by the assessee and quash the assessment order

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhaillord India Private Vs. Assistant Commissioner Limited (F Ormer Ly Know N A S L Ord Of Income-Tax, Circle- India C Hem Ica L Pr Od Uct S Pv T. Lt D. ) 10(2)(1), Room No. 509, A/401-404, 215 – Atrium Aayakar Bhavan, Chakala, Andheri – Kurla M.K. Road, Road Andheri (East) Mumbai - 400020 Mumbai - 400093 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0785H Appellant .. Respondent Appellant By : M.P. Lohia Respondent By : Dr. Samual Pitta Date Of Hearing 29.03.2023 Date Of Pronouncement 24.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Drp-1, Mumbai Dated 26.02.2015 For A.Y. 2011- 12. The Assesse Has Raised The Following Grounds Before Us: “1. Transfer Pricing - Availing Of Intra-Group Services 1.1 On The Facts & Circumstances Of The Case & In Law, The Learned Acit/ Drp Erred In Determining The Arm'S Length Price In Relation To The International Transaction Relating To The Availing Of Group Benefit Services/ Technical Service Management Services (Hereinafter Referred To As "Intra-Group Services") Of Rs.1,14,87,092 To Be Rs. 22,97,418/-, Thus Making An Adjustment Of Rs.91,89,674/- & Thereby Disregarding The Fact That The Appellant Had Received The Services For The Purposes Of Its Business. In Doing So, The Learned Acit/ Drp Grossly Erred By Not Appreciating The Commercial Wisdom/ Expediency Of The Appellant

learned ACIT/ DRP erred in ignoring evidences provided by the Appellant and in concluding that the services availed by the Appellant from its Associated Enterprise ("AE") were in nature of 'duplicate' and 'shareholder services which have not conferred any commercial benefit upon the Appellant. 1.6 The learned ACIT/DRP failed ... adhesives for construction automotive and electronic industries. The assesse has furnished audit report in form no. 3CEB in respect of its international transaction with associated enterprises. The A.O has referred the matter to the Transfer Pricing Officer in accordance with the provisions of Sec. 92CA