“international transaction”

M/S. Firmenich Aromatics Production India Pvt. Ltd., Mumbai vs. DCIT- 9(3)(1), Mumbai

In the result, the present appeal is partly allowed

return was selected for scrutiny. In reference made under Section 92CA(1) of the Act, the Transfer Pricing Officer accepted the international transactions undertaken by the Appellant with the Associated Enterprises to be at arm's length. The assessment ITA. No. 6116/Mum/2019 Assessment Year: 2011-12 was thereafter completed under

Asst CIT Cir 4(3)(2), Mumbai vs. Morgan Stanley India Co.P.Ltd, Mumbai

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Co No. 145/Mum/2016 (Arising In Ita No. 1794/Mum/2016 For A.Y. 11-12)

also engaged in providing institutional equity sales and trading services to both domestic and overseas institutional clients. As the assessee has entered into an international transaction as submitted in form no.3CEB, reference made to the learned Transfer Pricing Officer–I(2), Mumbai, (the learned TPO) to examine ... Length Price of the international transaction. The assessee has earned the broking derivatives clearing services in cash segment in equity of ₹6074,19,839 and in futures and option segment of ₹56,11,35,866/-. It also received support services income relating to the equity business amounting

Morgan Stanley India Company P. Ltd, Mumbai vs. Asst CIT RG 4(3)(2), Mumbai

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Co No. 145/Mum/2016 (Arising In Ita No. 1794/Mum/2016 For A.Y. 11-12)

also engaged in providing institutional equity sales and trading services to both domestic and overseas institutional clients. As the assessee has entered into an international transaction as submitted in form no.3CEB, reference made to the learned Transfer Pricing Officer–I(2), Mumbai, (the learned TPO) to examine ... Length Price of the international transaction. The assessee has earned the broking derivatives clearing services in cash segment in equity of ₹6074,19,839 and in futures and option segment of ₹56,11,35,866/-. It also received support services income relating to the equity business amounting

S. Vinodkumar Diamonds P.Ltd, Mumbai vs. DCIT Cir 5(3), Mumbai

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

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm M/S S. Vinodkumar Diamonds Dy. Commissioner Of Income Pvt. Ltd. Tax, Office No. Bw-3010 Circle 5(3), Vs. Bharat Diamond Bourse, Mumbai Bandra (East), Mumbai-400 051 (Appellant) (Respondent) Pan No. Aaics5514N Assessee By : Shri Fenil Bhatt & Shri Sankit Chordia, Ars’ Revenue By : Shri Samuel Pitta, Dr Date Of Hearing: 13.12.2022 Date Of Pronouncement : 14.12.2022

from its AES. 2:1 The Ld. CIT (A) grossly erred, in facts and in law: 2.1.1 in holding delayed outstanding receivables as an international transaction within the meaning of international transaction as per section 92B of the Act for AY 2010-11. The Ld. CIT(A) failed to appreciate ... reciprocal basis. 2.1.9 in not appreciating that impugned transfer pricing adjustment is within +/-5% arm's length range of value of the international transaction of cut and polished diamond sale wherefrom such outstanding receivables arise. 2.1.10 in upholding the impugned transfer pricing adjustment on hypothetical and notional basis without

Symantec Software Solutions P.Ltd, Mumbai vs. DCIT Cir 14(3)(2), Mumbai

In the result, the appeals filed by the assessee are partly allowed

Bench: Shri Prashant Maharishi, Accountat Member & Shri Pavan Kumar Gadale & M/S Symantec Software Vs. Dcit, Circle – 14(3)(2) Solutions Pvt Ltd Mumbai. Unit No. 1801, 18Th Floor The Capital, Plot No. 70, G Block, Bkc, Mumbai – 400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcv2624B Appellant .. Respondent Appellant By : Shri.Nikhil Tiwari.Ar Respondent By : Shri.Rignesh Das.Dr Date Of Hearing 17.10.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Hon’Ble Tribunal Has Passed Ma No. 73 & 74/Mum/2021 In The Common Order Of Ita Nos. 565/Mum/2016 & 1906/Mum/2017 Dated 15.09.2017. The Ld. Ar Submitted That The Hon’Ble Tribunal In The Ma Has Considered The Assessee’S

made reference to the TPO and the TPO found that the assessee has adopted TNMM method and the assessee has bench mark the international transaction ITA No. 565/Mum/2016 & 1906/Mum/2017 M/s. Symantec Software Solutions Pvt Ltd., Mumbai. pertaining to software development services and the PLI is OP/OC which is worked

Hannover Millano Fairs Inida P.Ltd, Mumbai vs. Asst CIT Cir 10(1)(1), Mumbai

In the result, the present appeal is partly allowed

Assessment Year 2012-13. 2. The Appellant has raised the following grounds of appeal: “1.) Adjustment in determination of arm's length price of International Transactions Rs,5,74,45,969/- ITA. No. 2065/Mum/2017 Assessment Year: 2012-13 1.1 The Hon'ble Dispute Resolution Panel-I, Mumbai (DRP) erred ... made by the Dy. Commissioner of Income Tax (TP)-2(2)(2), Mumbai ("TPO") in the arm's length price (ALP) to international transactions entered into by the Appellant with its Associate Enterprises (AEs) and added to the income of the Appellant by the Assessing Officer. In doing

3A Composites India P. Ltd, Mumbai vs. ITO 11(3)(1), Mumbai

In the result, the appealof the assessee for A

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

learned authorities erred in rejecting the assessee‟s objections and confirming the adjustment of ₹ 1,35,64,604/- made to the international transaction of payment of budgeted cost allocation and related expenses i.e. management services fee. 2. The learned authorities erred in confirming the adjustment under transfer pricing provisions even ... learned authorities erred in rejecting the assessee's objections and confirming the adjustment of Rs 63,15,925 made to the international transaction of payment of budgeted cost allocation and related expenses i.e., management services fee. 2. The learned authorities erred in confirming the adjustments under transfer pricing provisions even

Siemens Ltd, Mumbai vs. DCIT 8(2)(1), Mumbai

In the result, the appeal by the assessee is allowed

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

action of the learned AO/TPO in making an adjustment of Rs. 91,27.199/- to the total income of the Appellant in respect of the international transactions pertaining to turnkey project function. 4. On the facts and in the circumstances of the case and in law, the learned AO/TPO erred ... learned AO/TPO in making an adjustment of Rs. 3,61.13,977 to the total income of the Appellant in respect of the international transactions pertaining to availing of intra-group administrative services 9. On the facts and in the circumstances of the case and in law, the learned

3A Composites India P. Ltd, Mumbai vs. ITO 11(3)(1), Mumbai

In the result, the appealof the assessee for A

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

learned authorities erred in rejecting the assessee‟s objections and confirming the adjustment of ₹ 1,35,64,604/- made to the international transaction of payment of budgeted cost allocation and related expenses i.e. management services fee. 2. The learned authorities erred in confirming the adjustment under transfer pricing provisions even ... learned authorities erred in rejecting the assessee's objections and confirming the adjustment of Rs 63,15,925 made to the international transaction of payment of budgeted cost allocation and related expenses i.e., management services fee. 2. The learned authorities erred in confirming the adjustments under transfer pricing provisions even

Tessitura Monti India P.Ltd, Mumbai vs. Asst CIT (OSD) 8(3), Mumbai

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

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

Monti Cekia SRO are subsidiaries of GTMS and thus are associated enterprises of the assessee. During the year, the assessee entered into the following international transactions with its associated enterprises: S. Nature of Transaction Amount No. Purchase of Raw Materials 1. (chemicals, yarn and 5,76,70,940 spares ... pricing is also supported by the certificate issued by the Chartered Engineer. By considering the independent valuer report, the assessee claimed that the international transaction of purchase of capital goods is at arm’s length by adopting Comparable Uncontrolled Price (‘CUP’) method as the most appropriate method. Tessitura Monti India

Lintas India Private Limited, Mumbai vs. NFAC, Delhi

The appeal is allowed with the same directions

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Acit Cir 3(2)(1) Lintas India Private Limited It Office, R.No. 608, 6 Th 15Th Floor, Express Towers, Floor, Aayakar Bhavan, Nariman Point, Vs. M.K. Road, Mumbai-400021 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaacl0124F Lintas India Private Addl/Joint/Deputy/Acit/Income- Limited 15Th Floor, Express Tax Officer, National Faceless Vs. Towers, Nariman Point, Appeal Centre, Delhi Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaacl0124F Assessee By : Shri Ajit Jain & Siddhesh Chaugule Revenue By : Dr. Yogesh Kamat, Cit Dr Date Of Hearing: 13.09.2022 Date Of Pronouncement: 09/12/2022

under the directions of the Hon‟ble DRP erred in not following Hon‟ble DRP directions for previous years in relation to above international transactions, in-spite of there being no change in facts. 8. On fact and circumstances of the case and in law, the learned ... public relations etc. to ITA No.398/MUM/2019 & 595/MUM/2022 Lintas India Private Limited.;A.Y. 2014-15,2017-18 its clients. As the assessee has entered into international transactions being part of Lowe worldwide group with its Associated Enterprises as assessee is engaged in providing advertisement services, assessee reported that it has paid

Wns Global Services P. Ltd., Mumbai vs. Addl/Jt/Dy/Asstt/CIT/ITO, Nationa Faceless Assessment Centre, Dilhi

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalwns Global Services Pvt. Ltd., Pl 10, Gate No.4, Godrej & Boyce Complex, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai-400079. Pan: Aaacw2598L ...... Appellant Vs.. Addl./Jt/Dy./Acit/Ito/Nfac, Room No. 455, Circle-14(3)(1), Mumbai. ..... Respondent Appellant/Assessee By : Sh. Porus Kaka, Sr. Adv. & Sh. Manish Kant Respondent/Revenue By : Sh. Jasdeep Singh, Cit-Dr

erred in proposing a disallowance of depreciation for the year under consideration without appreciating that claim of depreciation is not an international transaction and therefore, does not fall within the scope of Chapter X of the Act. Grounds challenging the adjustment in relation to the purchase of equity shares ... case for AY 2011-12 and 2012-13 vide pg no 117 to 124 and 137 of legal paper-book. Moreover, being non international transactions entered into by the assessee no transfer pricing adjustment can be made. The relevant extract of the written submissions filed by the assessee reproduced herein