“international transaction”

Pdr Solutions Fzc, Mumbai vs. Dy.Comm of Income Tax - Circle (Intl Tax) 3(3) (2), Mumbai

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

return of income filed by the assessee was selected for scrutiny and statutory notices under the Act were issued. In view of the international transactions entered into by the assessee with its associated enterprises, reference was made to the Transfer Pricing Officer for the determination of arm’s length price ... respect of the said international transactions. The Transfer Pricing Officer drew no adverse inference in respect of the international transactions undertaken by the assessee during the year under consideration. During the year, the assessee received the following income from India: Sr. Nature of Revenue Amount (in INR) No. Licensing

Pdr Solutions Fzc, Mumbai vs. Dy.Comm of Income Tax - Circle (Intl Tax) 3(3) (2), Mumbai

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

return of income filed by the assessee was selected for scrutiny and statutory notices under the Act were issued. In view of the international transactions entered into by the assessee with its associated enterprises, reference was made to the Transfer Pricing Officer for the determination of arm’s length price ... respect of the said international transactions. The Transfer Pricing Officer drew no adverse inference in respect of the international transactions undertaken by the assessee during the year under consideration. During the year, the assessee received the following income from India: Sr. Nature of Revenue Amount (in INR) No. Licensing

DCIT Central Circle 8(1), Mumbai vs. M/S Shreya Life Science Pvt Ltd., Mumbai

In the result, the appeal the result, the appeals of the assessee and Revenue are of the assessee and Revenue are allowed for statistical purposes

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-12

empowering the TPO to investigate the Section 92CA(2B) empowering the TPO to investigate the Section 92CA(2B) empowering the TPO to investigate the international transactions not reported in Form 3CEB clearly international transactions not reported in Form 3CEB clearly international transactions not reported in Form 3CEB clearly M/s Shreya

Dy.CIT 7(1) (1), Mumbai vs. M/S. Mattel Toys (India) Pvt. Ltd, Mumbai

In the result, the appeal of the Revenue is dismissed, whereas,

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2012-13 Dy. Cit, Circle-7(1)(1), M/S Mattel Toys (India) Pvt. Ltd., Room No. 126, 1St Floor, Phoenix House, B-Wing, 4Th Floor, Vs. Aayakar Bhavan, M.K. Road, 462, Senapati Bapat Marg, Lower Mumbai-400020. Parel, Mumbai-400013. Pan No. Aaccm 2563 P Appellant Respondent

Respondent's contention that expenditure on Advertising, Marketing and Promotion ("AMP") Advertising, Marketing and Promotion ("AMP") Advertising, Marketing and Promotion ("AMP") is not an international transaction. international transaction. 1.2 The Respondent submits that expenditure on AMP is not 1.2 The Respondent submits that expenditure ... Respondent submits that expenditure on AMP is not an international transaction as held by the Hon'ble Tribunal in an international transaction as held by the Hon'ble Tribunal in an international transaction as held by the Hon'ble Tribunal in its own case vide Order(s) dated 8 July

Unilever Industries Private Ltd, Mumbai vs. ACIT Range 1(3)(1), Mumbai

In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleunilever Industries Pvt Vs. Acit, Range – 1(3)(1) Ltd., Room No 504, 5 Floor, Unilever House, Bd Aayakar Bhavan, Sawant Marg, Chakala, M.K.Road, Andheri (E), Mumbai-400020 Mumbai -400099. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu0791P Appellant .. Respondent Appellant By : Ms.Jasmin Amalsadvala & Mr.Hiten Chande.Ar Respondent By : Mr. Jayant Jhaveri.Dr Date Of Hearing 15.12.2022 Date Of Pronouncement 02.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed U/S 143(3) & U/Sec144C(13) R.W.S 143(3A) & 143(3B) Of The Income Tax Act, 1961 Passed In Pursuance To The Directions Of The Dispute Resolution Panel (Drp) Order U/S 144C(5) Of The Act Dated 26.02.2021.The Assessee Has Raised The Following Grounds Of Appeal. Unilever Industries Pvt Ltd, Mumbai. General: 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Ao/ Assistant Commissioner Of Income-Tax (Transfer Pricing) -4(2)(2) ("Tpo") Subsequent To The Directions Issued By The Hon'Ble Drp Has Erred In Assessing The Total Income At Rs. 152,67,16,425 As Against Returned Income Of Rs. 116,80,08,280 Computed By The Appellant. 2. Parti-Transfer Pricing Adjustments: Transfer Pricing ('Tp') Adjustment On Account Of Benchmarking & Allocation Of Royalty In Respect Of Provision Of Scientific & Technical Services ('Contract R&D')

learned AO/ TPO erred in making a TP adjustment of Rs. 9,38,84,840/- to the arm's length price of the international transaction relating to scientific and technical services for contract R&D activity recovered by the appellant. 2.1 Without prejudice to the other grounds, the learned AO/TPO/DRP ... circumstances of the case and in law, the learned AO/TPO/DRP erred in arriving at the arm's length price of the international transactions without appreciating the fact that none of the conditions set out in Section 92C (3) of the Act are satisfied. Part II - CORPORATE TAX GROUNDS: Disallowance

Deputy Commissioner of Income Tax 14(2)(1), Mumbai vs. India Debt Management Private Limited, Mumbai

In the result, appeal by the Revenue is dismissed

Bench: Shri B.R. Baskaran & Shri Vikas Awasthyआअसं. 5533/मुं/2017 ("न.व. 2011-12) Dy. Commissioner Of Income Tax-14(2)(1) Room No. 432, 4Th Floor Aayakar Bhavan, M.K. Road, Mumbai 400020 ...... अपीलाथ"/Appellant बनाम Vs. M/S. India Debt Management P. Ltd. C-59, Platina, 'G' Block ..... ""तवाद"/Respondent Bkc, Bandra (East)Mumbai 400051 Pan:Aabci4256N अपीलाथ" "वारा/ Appellant By : Shri Uodal Raj Singh, Sr. Ar ""तवाद" "वारा/Respondent By : Shri Vijay Mehta

overall average rate of interest of 11.30% during the year without appreciating that each series of debentures issued in different years was a separate international transaction and each transaction was required to be benchmarked separately?” The Hon’ble High Court answered the question in favour of the assessee holding

M/S Piramal Enterprises Limiited, Mumbsi vs. Dy CIT(Appeal)-Range-8(2)(1), Mumbai

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

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2017-18 M/S Piramal Enterprises Ltd., Dy. Cit, Mumbai-8(1)(2), Or Piramal Tower, Agastya National Facelss Assessment Vs. Corporate Park, Lbs Marg, Centre, Delhi, Kamani Junction, Kurla Room No. 624, 6Th Floor, (West), Aayakar Bhavan, M.K. Road, Mumbai-400070. Mumbai-400020. Pan No. Aaacn 4538 P Appellant Respondent : Assessee By Mr. Ronak Doshi : Revenue By Mr. Rakesh Ranjan, Cit-Dr & Mr. Samuel Pitta, Dr : Date Of Hearing 17/11/2022 : Date Of Pronouncement 28/12/2022

GROUND NO. IV: ADDITION TO ARM'S LENGTH PRICE IN RELATION TO INTERNATIONAL LENGTH PRICE IN RELATION TO INTERNATIONAL LENGTH PRICE IN RELATION TO INTERNATIONAL TRANSACTIONS AMOUNTING TO RS. 23,62,21,702/ TRANSACTIONS AMOUNTING TO RS. 23,62,21,702/ TRANSACTIONS AMOUNTING ... performance guarantee provided by the Appellant as an "international guarantee provided by the Appellant as an "international guarantee provided by the Appellant as an "international transaction and that commission at the rate of 1.68% ought transaction and that commission at the rate of 1.68% ought transaction and that commission

Essar Investments Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the present appeal is partly allowed

adjudication. Ground No. 2 to 9 5. The facts, in brief, relevant to the adjudication of grounds before us are that the Appellant undertook International Transaction of sale of equity share Essar Capital Limited (ECL) to its AE, i.e., Essar Capital Holdings Limited, Mauritius (ECHL, Mauritius). The Transfer Pricing Officer ... noticed that the Appellant has benchmarked the aforesaid International Transaction by applying CUP methodology based upon the ITA. No. 2195/Mum/2014 Assessment Year: 2009-10 valuation certificate obtained by the Appellant from an external valuer which determined the value of equity share of ECL at INR 4.797/- each. Since the Appellant

Asst CIT 9(2)(1), Mumbai vs. Canvasm Technologies Ltd, Mumbai

In the result, the appeal filed by the revenue is treated as allowed for statistical purposes

Bench: Shri B.R. Basakaran & Shri Rahul Chaudharydy. Commissioner Of Vs. M/S. Tech Mahindra Income Tax 2(3)(1), Limited, R.No.552, Aayakar Bhavan, (Successor In Interest To M.K. Road, M/S. Canvasm Mumbai – 400 020 Technologies Ltd.), Gateway Building, Apollo Bunder, Mumbai-400 001 Pan Aaccc8665N (Appellant) (Respondent) Assessee By : Mr. Viral Shah. Revenue By : Mr. Samruddhi Dhyananjay Hande, Dr Date Of Hearing : 16.11.2022 Date Of Pronouncement : 27.12.2022

assessee herein has established a wholly owned subsidiary named CanvasM (America) Inc. in USA (Associated Enterprise). 4.2 The assessee has entered into following international transactions with its Associated Enterprises (AE) during the year under consideration:- (a) Receipts from sub-contracting of Computer consulting And Programming services provided ... whose average margin of operating margin was 2.38%. The operating margin declared by the assessee 4 was 3.70%. Accordingly, the assessee submitted that the International Transactions entered by it with its AE are at arm’s length. 4.6 The Transfer Pricing Officer (TPO), however, took the view that aggregation

Torrent Petrochem Ltd( Presently Known As Blue Cross Road Solutions Ltd.), Mumbai vs. Dy CIT Transfer Pricing 4 (2)(2), Mumbai

In the result, the appeal filed by the assessee is dismissed

along with the questionnaire. The AO found that the assessee has Torrent Petrochem ltd.,, Mumbai. international transactions with the Associated Enterprises (AE) exceeding Rs. 15 Crores, and therefore the matter was referred to Transfer Pricing Officer (TPO) to determine the Arms Length Price(ALP). Whereas the TPO has passed

DCIT 3(3)(1), Mumbai vs. M/S Toshiba Johnson Elevators India Pvt Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

order of TPO under section 92CA(3) dated 01.11.2019 wherein TPO accepted the submissions of the assessee and agreed with the value of International Transactions with AE in regard to ALP disclosed by assessee i.e. the value of ALP adopted by assessee were not being disturbed by the TPO. These ... explanations/submissions made by the assessee and levied a penalty of Rs. 1,71,01,350/- under section 271G of the Act @ 2% of International Transactions worth Rs. 85,50,67,549/-. Aggrieved with this order of AO, assessee preferred an appeal before the Ld. CIT (A)-58, Mumbai

Dboi Global Services P. Ltd., Mumbai vs. Addl/Jt/Dy/Asstt/CIT/ITO, Nationa E-Assessment Centre, Delhi

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

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm Deutsche India Pvt. Ltd [ Formerly Dboi Global Services Addl/Jt/Dy/Assit/Cit/Ito, Ltd] Block B-4, Level-6, National E-Assessment Vs. Nirlon Knowledge Park, Centre, New Delhi-110 003 Western Express Highway, Goregoan East, Mumbai-400 063 (Appellant) (Respondent) Pan No. Aaccd2953L

Assessing Officer erred in adding ₹ 398,20,41,610/- on account of adjustment made for Arm‟s Length Price in relation to international transactions with Associated Enterprises while computing the book profit under section 155JB of the Act. The appellant pray that the Assessing Officer be directed to delete ... book profit was computed under Section 115JB of the Act at ₹246,84,87,353/-. 06. As the assessee has entered into international transaction, the reference was made to the Jt. Commissioner of Income tax, transfer pricing, Range-1 (2), Mumbai (the learned Transfer Pricing Officer). The learned Transfer Pricing

M/S. Mercator Ltd, Mumbai vs. The Dy CIT 5(2), Mumbai

In the result, the appeal filed by the revenue and CO by the asssessee are dismissed and the asseessee appeal is allowed for statistical purposes

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleita No. 7278/Mum/2017 (A.Y: 2010-11) & Co No. 21/Mum/2019 (2010-11) (Arising Out Of Ita No. 29/Mum/2018) Mercator Ltd Vs. Dcit 3Rd Floor, Mittal Tower- Range 5(2) B Wing, Nariman Point Aayakar Bhavan, Mk Mumbai- 400021. Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Dy. Cit Vs. Mercator Lines Ltd Range 5(2)(2), Rno.571 3Rd Floor, Mittal Tower- Aayakar Bhavan, Mk B Wing, Nariman Point Road, Mumbai – 400 021. Mumbai - 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm5007A Appellant .. Respondent Assessee By : Mr.Nikhil Tiwari.Ar Revenue By : Mr.Krishnakumarmishra.Dr Date Of Hearing 30.11.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: 29/Mum/2018 & Co No. 21/Mum/2019 M/S. Mercator Ltd, Mumbai. The Cross Appeal Is Filed By The Assessee & The Revenue Against The Order Of The Commissioner Of Income Tax (Appeals) (Cit(A))-57, Mumbai Passed U/S 250 Of The Act & The Assessee Has Filed The Cross Objection(Co) In The Revenue Appeal.

from the arithmetic mean as provided in the provisio to Section 92C(2) of the Act, while making the adjustment to the value of international transactions of the Appellant. Adjustment on account of fees on corporate quarantee issued by the Appellant for the benefit of the AES On facts ... case, the learned CIT(A): 17. erred in confirming the action of TPO/AO in making transfer pricing adjustments on account of alleged international transaction of corporate guarantee provided 29/Mum/2018 & CO No. 21/Mum/2019 M/s. Mercator Ltd, Mumbai. to MOL as against no corporate guarantee charged by Appellant to MOL 18. erred