“associated enterprises”

Neogenetics Foods Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.361/Bang/2021 Assessment Year : 2016-17 M/S. Neogenetics Foods Private Limited, Vs. Dcit, Level 14 & 15, Concorde Towers, Ub City, 1 Circle - 3(1)(1), Vittal Malya Road, Ub City, Bengaluru. Bengaluru – 560 001. Pan : Aadcn 7689 L Assessee Respondent Assessee By : Shri. Narendra Kumar Jain, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 03.02.2022 Date Of Pronouncement : 07.02.2022 O R D E R Per N V Vasudevan

twenty crore rupees. Section 92(2), as amended provided that where in an international transaction or specified domestic transaction, two or more associated enterprises enter into a mutual agreement or arrangement for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred

Harman Connected Services Corporation India Private Limited (Formerly Known As M/S Core Objects India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-3(1)(2), Bangalore

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

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaran

determination of Arm’s Length Price (ALP) in respect of an international transaction of rendering software development services by the assessee to its Associated Enterprises (AE). 4. The assessee is the subsidiary of Core Objects Software Inc., USA (“Core US”), which in turn is held by Symphony Services Corp

Aurigo Software Technologies Private Limited, Bengaluru vs. Income Tax Officer, Ward-1(1)(1), Bangalore

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

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.178/Bang/2021 Assessment Year : 2016-17 M/S. Aurigo Software Technologies Private Limited, Vs. Ito, Ajmera Aditya Summit, No.3D1, Ground Floor, Ward-1(1)(1), 7Th C Main Road, 3Rd Block, Koramangala, Bengaluru. Bengaluru – 560 034. Pan : Aacca 5309 D Assessee Respondent Assessee By : Shri. K. R. Vasudevan, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 03.02.2022 Date Of Pronouncement : 03.02.2022 O R D E R Per N V Vasudevan

wholly owned holding company. In terms of the provisions of Sec.92-A of the Act, the Assessee and its wholly owned holding company were Associated Enterprises IT(TP)A No.178/Bang/2021 Page 2 of 19 ("AEs"). In terms of Sec.92B(1) of the Act, the transaction of providing SWD Services ... international transaction” i.e., a transaction between two or more associated enterprises, either or both of whom are nonresidents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits

M/S First American (India) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-11(3), Bangalore

In the result, appeal of the Revenue is dismissed and that of the assessee is partly allowed

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

group company. During the previous year relevant to the assessment year 2010-11, the assessee provided SWD services and ITE services to its Associated Enterprises, viz. Data Tree and FATICO. 3. In the TP Order dated 27.01.2014 passed by the TPO, he made an adjustment of Rs.2

Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru vs. M/S First American (India) Pvt Ltd, Bengaluru

In the result, appeal of the Revenue is dismissed and that of the assessee is partly allowed

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

group company. During the previous year relevant to the assessment year 2010-11, the assessee provided SWD services and ITE services to its Associated Enterprises, viz. Data Tree and FATICO. 3. In the TP Order dated 27.01.2014 passed by the TPO, he made an adjustment of Rs.2

M/S. Acusis Software India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(2), Bengaluru

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2702/Bang/2017 Assessment Year : 2013-14 M/S. Acusis Software India The Deputy Pvt. Ltd., Commissioner Of No. 17/2, Dollars Chamber, Income Tax, Lalbagh Road, Circle – 1(1)(2), Bangalore – 560 027. Bangalore. Vs. Pan: Aadca2415P Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Shri Sumer Singh Meena, Cit Revenue By (Dr) Date Of Hearing : 01-02-2022 Date Of Pronouncement : 01-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order 12.10.2017 Passed By The Ld.Dcit, Circle-1(1)(2), Bangalore Relating To Assessment Year 2013-14 On Following Revised & Modified Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law. Acusis Software India Private Limited (Hereinafter Referred To As 'Appellant). Respectfully Craves Leave To Prefer An Appeal Against The Appeal Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The 'Learned Ao'] Under Section 143(3) Read With Section 144C Of The Income-Tax Act. 1961 ('The Act') On The Following Grounds:

account of adjustment in the arm's length price of the transaction of provision of medical transcription service entered by the Appellant with its associated enterprise: 3. The learned AO/ TPO erred. in law and in facts, by exercising the powers under section 133(6) of the Act to obtain ... with the exception of one share which is owned by Acusis LLC, USA. The assessee is engaged in providing medical transcription services to its Associated Enterprise ("AE") for which it is remunerated on a cost plus basis. During the year under consideration, assessee entered into following international transaction with

Global E Business Operations Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the revenue’s appeal is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

companies comparable to the Appellant for the purpose of determining the Arm’s Length Margin of the international transactions of the Appellant with its Associated Enterprises outside India in the Information Technology Enabled Services (ITES) segment. 4. The assessee in the petitions for admission of additional grounds has stated that

Asst.C.I.T., Bangalore vs. M/S Global E- Business Operations Pvt. Ltd., Bangalore

In the result, the revenue’s appeal is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

companies comparable to the Appellant for the purpose of determining the Arm’s Length Margin of the international transactions of the Appellant with its Associated Enterprises outside India in the Information Technology Enabled Services (ITES) segment. 4. The assessee in the petitions for admission of additional grounds has stated that

Swiss Re Global Business Solutions India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bangalore

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

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

Page 7 of 21 6. As per the Transfer Pricing (TP) document, the assessee company has entered into the following international transactions with its Associated Enterprises (AEs): Amount Amount Method International Transactions Received/Receivable Paid/Payable Provision of back office 1,76,41,00,100 TNMM support service Other Method Reimbursement ... Tribunal did not err in holding that the loss suffered by the assessee by allowing excess period of credit to the associated enterprises without charging an interest during such credit period would not amount to international transaction whereas section 92B(1) of the Income-tax Act, 1961 refers

Societe Generale Global Solution Centre Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bengaluru

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

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

facts and circumstances of the case and in law, in determining the transfer pricing adjustment after charging mark-up on recovery transactions entered with associated enterprise without appreciating the submissions filed by the Appellant that these were mere pass through transactions. The Ld. Panel/ AO has not taken cognizance ... reimbursement is in connection with and integral to the rendering of software development services and information technology enabled services by the Appellant to its Associated Enterprises, the same ought to be aggregated with the principal transactions, and ought not to be treated as an independent international transaction. 2(e). That

Xchanging Solutions Limited, Bangalore vs. ITO, Bangalore

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

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

Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic analysis undertaken ... ground No. 2 relating to TP adjustment made on account of guarantee commission in respect of corporate guarantee given by the assessee to its Associated Enterprises (AEs) for obtaining bank loans, the ld. representatives of both the sides have agreed that a similar issue was involved in assessee

ITO, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

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

Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic analysis undertaken ... ground No. 2 relating to TP adjustment made on account of guarantee commission in respect of corporate guarantee given by the assessee to its Associated Enterprises (AEs) for obtaining bank loans, the ld. representatives of both the sides have agreed that a similar issue was involved in assessee

Xchanging Solutions Limited, Bangalore vs. DCIT, Bangalore

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

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

Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic analysis undertaken ... ground No. 2 relating to TP adjustment made on account of guarantee commission in respect of corporate guarantee given by the assessee to its Associated Enterprises (AEs) for obtaining bank loans, the ld. representatives of both the sides have agreed that a similar issue was involved in assessee

DCIT, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

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

Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic analysis undertaken ... ground No. 2 relating to TP adjustment made on account of guarantee commission in respect of corporate guarantee given by the assessee to its Associated Enterprises (AEs) for obtaining bank loans, the ld. representatives of both the sides have agreed that a similar issue was involved in assessee