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“international transaction”

Transfer PricingSection 92BSection 92B3,408 judgments

The decision most relied on for international transaction is Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT (374 ITR 118), cited in 499 judgments on BharatTax.

Leading authorities on international transaction

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Vodafone India Services (P.) Ltd. v. Union of India
368 ITR 1 · 2014 · High Court
172
citing judgments

The issue of shares and share premium is a capital account transaction, not an income-generating event, therefore Chapter X (Transfer Pricing) provisions are not attracted to deem notional or hypothetical income from such transactions.

Sir Kikabhai Premchand v. CIT
24 ITR 506 · 1953 · Supreme Court
156
citing judgments

One cannot make a taxable profit or loss from transactions with oneself, as profit only arises from dealings with external third parties, even when transferring assets between different accounts or divisions of the same entity.

PCIT v. Redington (India) Ltd.
430 ITR 298 · 2021 · High Court
132
citing judgments

A corporate guarantee issued to Associated Enterprises (AEs) is an international transaction under Section 92B, requiring adjustments for guarantee commission due to inherent risk. The reasonable arm's length rate for benchmarking such corporate guarantees can be determined using internal or external comparable uncontrolled prices.

Bausch & Lomb Eye Care (India) Pvt. Ltd. v. Additional CIT
381 ITR 227 · 2016 · High Court
127
citing judgments

The existence of an international transaction must be established before its arm's length price can be determined. An alleged 'excessive' AMP expenditure cannot unilaterally expand the scope of an international transaction if its existence is contested.

Judgments citing international transaction

M/S. Xchanging Solutions Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 7(1)(2), Bangalore

In the result, the appeal filed by the assessee stands allowed for statistical purposes

ITA 2570/BANG/2019[2015-16]Status: DisposedITAT Bangalore16 Aug 2022AY 2015-16
For Respondent: Shri Padam Chand Khincha
Section 133(6)Section 143(3)Section 144C(13)Section 144C(5)

Rules, 1962 ("Rules") and conducting a fresh economic analysis for the determination of the arm's length price in connection with the impugned international transaction and holding that the Appellant's international transaction is not at arm's length. 4.3 The learned DRP/AO/TPO have erred in law and facts ... Assessee's request to consider the internal comparable data for the purpose of application of TNMM in order to determine the ALP of the international transaction entered into by the Assessee with the AEs. 4.15 The learned DRP/AO/TPO have erred in law and facts by determining a transfer pricing adjustment

Jsw Energy Ltd, Mumbai vs. Deputy Commissioner of Income Tax (Transfer Pricing) 2(3)(1), Mumbai

In the result, the appeal is allowed

ITA 1223/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Us Is A Public Company Engaged In The Business Of Generation Of Power & Operation & Maintenance Of The Power Plants, As Also Other Allied Activities. During The Course Of Its Assessment Proceedings, The Assessing Officer Made A Reference Under Section 92Ca(1), For Determination Of The Arm‟S Length Price Of The International Transactions & Specified Domestic Transaction Entered Into By The Assessee With Its Associated Enterprises (Aes), To The Deputy Commissioner Of Income Tax, Assessment Year 2014-15 Page 2 Of 17

Section 271GSection 92CSection 92D

assessment proceedings, the Assessing Officer made a reference under section 92CA(1), for determination of the arm‟s length price of the international transactions and specified domestic transaction entered into by the assessee with its associated enterprises (AEs), to the Deputy Commissioner of Income Tax, Assessment year 2014-15 Page ... section which is reproduced below for ready reference: Assessment year 2014-15 Page 5 of 17 "If any person who has entered into an international transaction or specified domestic transaction fails to furnish any such document or information as required by sub-section (3) of section 92D, the Assessing Officer

Manipal Cigna Health Insurance Company Ltd, Mumabi vs. Principle Commissioner of Income Tax Income Tax, Mumbai

In the result, both the appeals of the assessee are allowed

ITA 1045/MUM/2022[2017-18]Status: DisposedITAT Mumbai11 Aug 2022AY 2017-18
Section 142(1)Section 143(3)Section 263Section 92C

Transfer Pricing Officer u/s.92CA (1) after obtaining necessary approval from PCIT (1), Mumbai for benchmarking for determination of arm’s length price of international transactions carried out by the assessee. The ld. TPO passed an order u/s.92CA(1) of the Act dated 13/09/2019 by making ‘Nil’ adjustment

Manipal Cigna Health Insurance Co. Ltd, Mumbai vs. Principle Commissioner of Income Tax-1, Mumbai

In the result, both the appeals of the assessee are allowed

ITA 1044/MUM/2022[2016-17]Status: DisposedITAT Mumbai11 Aug 2022AY 2016-17
Section 142(1)Section 143(3)Section 263Section 92C

Transfer Pricing Officer u/s.92CA (1) after obtaining necessary approval from PCIT (1), Mumbai for benchmarking for determination of arm’s length price of international transactions carried out by the assessee. The ld. TPO passed an order u/s.92CA(1) of the Act dated 13/09/2019 by making ‘Nil’ adjustment

Dy Cti, CC-16(1), Mumbai vs. Shipa Shetty, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 478/MUM/2021[2012-13]Status: DisposedITAT Mumbai11 Aug 2022AY 2012-13
Section 92A(2)(j)Section 92B

EMSHL are associated enterprises, the services rendered by the assessee to JIPL, which is 100% subsidiary of EMSHL, shall fall within the meaning of “international transaction” as defined in section 92B of the Act. Accordingly, the Assessing Officer took the view that the arm’s length price of services rendered ... EMSHL) on share completion. 11. As far as the objection of assessee on the findings of Ld. CIT(A) on account of holding deemed "international transaction" between the Assessee and JICPL u/s. 92B of the Act is concerned, in this respect, Ld. AR submitted that Sec. 92B(2) deems

Jardine Lloyd Thomposn India P.Ltd, Mumbai vs. ITO 15(2)(2), Mumbai

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

ITA 1319/MUM/2015[2010-11]Status: DisposedITAT Mumbai11 Aug 2022AY 2010-11

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1319/Mum/2015 (निर्धारण वर्ा / Assessment Years: 2010-11) Marsh Mclennan Global बिधम/ Ito, Range-15(2)(2) Services India Pvt. Ltd. Aayakar Bhavan, Vs. (Formerly Known As Jardine Mumbai-400020. Lloyd Thompson India Pvt. Ltd.) 1001-A, Supreme Business Park, Hiranandani Gardens, Powai, Mumbai-400076. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcj8288K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishant Thakkar / Ms. Jasmin Amalsadvala Revenue By: Ms. Samruddhi Hande (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/08/2022 घोषणा की तारीख /Date Of Pronouncement: 11/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Challenging The Assessment Order Dated 28.01.2015 Passed For Ay. 2010-11 By Ao U/S 143(3) R.W.S 144C (13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) In Pursuance To The Directions Given By The Ld. Dispute Resolution Panel (Drp).

For Appellant: Shri Nishant Thakkar / Ms. JasminFor Respondent: Ms. Samruddhi Hande (Sr. AR)
Section 143(3)Section 92C(3)

determining the arm's length price (ALP) of the 2 A.Y. 2010-11 Marsh McLennan Global Services Pvt. Ltd. international transaction pertaining to administrative support and back- office services provided by the Appellant to its associated enterprises. 2. In making an upward adjustment of INR 29,289,858 pertaining ... inappropriate filters; in identifying additional comparable companies, whose functions are not similar to that of the Appellant, in determining the ALP of the impugned international transaction; and In rejecting the use of contemporaneous and multiple year data available for computing the ALP as on the date of filing of return

Australia and New Zealand Banking Group Ltd, Mumbai vs. DCIT(It) 1(1)(2), Mumbai

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

ITA 5129/MUM/2017[2013-14]Status: DisposedITAT Mumbai10 Aug 2022AY 2013-14

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Madhur Agrawal, AdvocateFor Respondent: Shri Milind Chavan, Sr. DR
Section 133(6)Section 143(3)Section 144C(13)Section 92C

year 2013–14. 2. In its appeal, assessee has raised following grounds: “Ground 1: Determination of the arm's length price (ALP) of the international transaction relating to processing fees received on account of guarantees issued to Indian companies based on counter-guarantee from overseas branches Australia and New Zealand ... erred in making the transfer pricing adjustment of Rs 7,96,36,154, by re-computing the arm's length price (ALP) of the international transaction undertaken by Australia and New Zealand Banking Group Limited, Mumbai Branch (ANZ Mumbai) relating to processing fees received on account of guarantees issued

Novo Nordisk India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-5(1)(1), Bangalore

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

ITA 611/BANG/2021[2016-17]Status: DisposedITAT Bangalore10 Aug 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 143(3)Section 194HSection 40

Rs.37,89,21,500. The case was selected for scrutiny and notice u/s. 143(2) was served on the assessee. Since the assessee had international transactions with its Associated Enterprises (AEs), reference was made to the Transfer Pricing Officer [TPO], who made a TP adjustment of Rs.93 ... ground of the assessee is allowed. Transfer Pricing adjustment 19. The assessee has entered into bilateral APA with the CBDR on 26.6.2020 for the international transactions undertaken with its AEs whereby the year under consideration is covered under a rollback period. Accordingly, the assessee filed a modified return giving effect

M/S. Onmobile Global Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 5(1)(2), Bengaluru

In the result, both these appeals are partly allowed

ITA 2560/BANG/2019[2015-16]Status: DisposedITAT Bangalore10 Aug 2022AY 2015-16

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 14ASection 234BSection 244ASection 32

transfer pricing study maintained by the Assessee, on selection of certain companies as comparables, the Assessee arrived at the conclusion that all the international transactions entered into by it were at arm’s length. 5. The assessee filed the return of income on 28.11.2014 by declaring an income of Rs.9 ... price.” IT(TP)A Nos.139 & 2560/Bang/2019 Page 6 of 40 9. During the AY 2014-15, the Assessee inter alia entered into the following international transactions with its subsidiaries (AEs) for rendering the MVAS to its customers:- Receipts Name of the AE Value OnMobile Singapore

M/S Onmobile Global Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-5(1)(2), Bangalore

In the result, both these appeals are partly allowed

ITA 139/BANG/2019[2014-15]Status: DisposedITAT Bangalore10 Aug 2022AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 14ASection 234BSection 244ASection 32

transfer pricing study maintained by the Assessee, on selection of certain companies as comparables, the Assessee arrived at the conclusion that all the international transactions entered into by it were at arm’s length. 5. The assessee filed the return of income on 28.11.2014 by declaring an income of Rs.9 ... price.” IT(TP)A Nos.139 & 2560/Bang/2019 Page 6 of 40 9. During the AY 2014-15, the Assessee inter alia entered into the following international transactions with its subsidiaries (AEs) for rendering the MVAS to its customers:- Receipts Name of the AE Value OnMobile Singapore

Nuance Transcription Services India Pvt Ltd, Bangalore vs. The Assistant Commissioner of Income Tax Circle-5(1)(1), Bangalore

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

ITA 173/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 Aug 2022AY 2012-13

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.173/Bang/2017 : Asst.Year 2012-2013 M/S.Nuance Transcription The Assistant Commissioner Services India Private Limited Of Income-Tax, Circle 5(1)(1) V. Bangalore. First Floor, Block B, Salarpuria Aura, Khata No.434/170 Marathahalli-Sarjapur Outer Ring Road, Kaverappa Layout Bangalore – 560 103. Pan : Aaacf3465F. (Appellant) (Respondent) Appellant By : Sri.Vishal Kalra, Ca Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 10.08.2022 Date Of Hearing : 28.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 22.11.2016 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is Engaged In Providing Information Technology Enabled Services (Ites) To Focus Enterprises Limited, Usa, Which Is An Associate Enterprise (Ae) Of The Assessee. For The Assessment Year 2012-2013, The Return Of Income Was Filed Declaring Total Income Of Rs.23,99,94,900. The Assessment Was Selected For Scrutiny & Notice U/S 2 It(Tp)A No.173/Bang/2017. M/S.Nuance Transcription Services India Private Limited. 143(2) Of The I.T.Act Dated 14.08.2013 Was Served. During The Course Of Assessment Proceedings, It Was Noticed That The Assessee Had Entered Into International Transactions With Its Ae. Accordingly, The Case Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The International Transaction Undertaken By The Assessee With Its Ae’S. The Tpo Vide Order Dated 28.01.2016, Passed U/S 92Ca Of The I.T.Act, Proposed The Following Tp Adjustments:-

For Appellant: Sri.Vishal Kalra, CAFor Respondent: Sri.Harishchandra Naik, CIT-DR
Section 133(6)Section 143(3)Section 2Section 92C

I.T.Act dated 14.08.2013 was served. During the course of assessment proceedings, it was noticed that the assessee had entered into international transactions with its AE. Accordingly, the case was referred to the Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the international transaction undertaken ... from CRISIL without sharing or providing any opportunity to the Appellant to rebut I cross examine the information used to benchmark the alleged international transaction. 6.2 Without prejudice, the AO / DRP / TPO have erred in not appreciating that the alleged international transaction should have been benchmarked using LIBOR rate

Polycom Technology Centre, Delhi vs. Nationa E- Assessment Centre, Delhi

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

ITA 944/MUM/2021[2016-17]Status: DisposedITAT Mumbai08 Aug 2022AY 2016-17
Section 143(3)Section 144C(13)Section 92C

years commencing from previous year 2015-16 to previous year 2019-20 (relevant to assessment year 2016-17 to 2020-21) for the following international transactions (covered transactions) with its associate enterprises. a) Provisions of software development services. b) Reimbursement of expenses to AEs and c) Reimbursement of expenses from ... assessment year in consideration ie 2016-17 is covered period under APA and covers the international transaction pertaining to provision of software development services. 6. The assessee has filed modified return of income tax on 23.12.2020 and has filed the annual compliance report (ACR) for the subject year

Mersen India Private Limited, Bangalore vs. Joint Commissioner of Income Tax (OSD), Circle-4(1)(2), Bangalore

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

ITA 381/BANG/2022[2017-18]Status: DisposedITAT Bangalore08 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 381/Bang/2022 Assessment Year : 2017-18 M/S. Mersen India Pvt. The Joint Ltd., Commissioner Of No. 5, Bommasandra Income Tax (Osd), Industrial Area, Circle – 4 (1)(2), Bangalore – 560 099. Vs. Bangalore. Pan: Aaace3191K Appellant Respondent Assessee By : Smt. Ramya Nayak, Ca : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 04-08-2022 Date Of Pronouncement : 08-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 22/03/2022 By The National Faceless Assessment Centre, Delhi For A.Y. 2017-18 On Following Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. Transfer Pricing 1. The Transfer Pricing Officer ("Tpo"), The Assessing Officer ("Ao") & The Dispute Resolution Panel, Bangalore ("Drp") Have Grossly Erred In Law & Facts Of The Case In Determining The Arm'S Length Price ("Alp") Of The Human Resource Services As Nil. 2. The Learned Tpo/ Ao/Drp Has Erred In Not Considered The Fact That The Human Resource Services Is As Per The Arm'S Length Price Adopting The Transaction Net Margin Method (" Tnmm")

For Appellant: Smt. Ramya Nayak, CA

formerly known as Carbon Lorraine India P Ltd and it is subsidiary of Le Carbone Lorraine S.A, France. The assessee has entered into several international transactions with its AE in all these years. We are concerned with the Management fee paid by the assessee to its AE. The assessee ... submitted that (i) the TPO is not justified in applying benefit test in determining the ALP of the international transactions. (ii) the TPO, having accepted the ALP of international transactions at entity level under TNM method and also on noticing that the management fee formed part of operating expenses, could

Yokogawa India Limited, Bangalore vs. Assistant Commissioner of Income Tax, Ltu, Bangalore

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

ITA 588/BANG/2020[2008-09]Status: DisposedITAT Bangalore08 Aug 2022AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahu

For Appellant: Sri Padam Chand Khincha, A.RFor Respondent: Shri Pradeep Kumar, D.R
Section 234BSection 40A(2)

action of the 3. Ap and TPO in: Making a reference for the determination of the Arm's (i) Length Price of the international transactions to the TPO without demonstrating as to why it was necessary and expedient to do so; Passing the order without demonstrating that the (ii) Appellant ... referred the assessee's case to the TPO u/s 92CA of the Act for determining the arm's length price in respect of international transactions entered into by the assessee. The Ld. AO passed the draft assessment order on 12.12.2011 after receiving the order of the TPO u/s 92CA dated

DCIT Central Circle-2(4), Mumbai vs. Zee Entertinment Enterprises Ltd, Mumbai

In the result, the appeal of revenue is partly allowed

ITA 512/MUM/2022[2013-14]Status: DisposedITAT Mumbai05 Aug 2022AY 2013-14

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.512/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2013-14) Dcit, Central Circle-2(4) बिधम/ Zee Entertainment Room No. 802, 8Th Floor, Enterprises Ltd. Vs. 18Th Floor, A Wing, Prathishtha Bhavan, M. K. Road, Churchgate, Mumbai- Marathon Futurex, N. M. 400020. Joshi Marg, Lower Parel, Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacz0243R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jay Bhansali Revenue By: Shri Vinod Tanwani (Dr) सुनवाई की तारीख / Date Of Hearing: 02/08/2022 घोषणा की तारीख /Date Of Pronouncement: 05/08/2022 O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Revenue Against The Action Of The Ld. Commissioner Of Income Tax (Appeals)-58, Mumbai [Hereinafter Referred To As The “Cit(A)”] Dated 05.10.2021 For Assessment Year 2013-14. 2. The Facts In Brief Are That Assessee Filed The Return Of Income On 23.11.2013 Declaring An Income Of Rs.9,53,02,05,770/- Which Was Revised To Rs.9,53,45,48,223/- On 31.03.2015. The Case Of The Assessee Was Selected For Scrutiny. During The Course Of Assessment Proceedings, The Ao Noticed That The Assessee Has Entered Into International Transactions With Its Aes (Associated Enterprises) M/S. Taj Tv & Therefore A Reference Was Made Under Section 92Ca(1) Of The Act Dated 23.03.2015 To Transfer Pricing Officer-4(2), Mumbai. The Assessee Is In The Business Of Broadcasting Of Satellite Television Channels, Space Selling Agent For Other Television Channels, Sale Of Television Programmes, Films, Movies Etc. The Ao Finally Framed The Assessment Under Section 143(3) Read With Section 144C (13) Of The Act By Making Two Additions

For Appellant: Shri Jay BhansaliFor Respondent: Shri Vinod Tanwani (DR)
Section 143(3)Section 144CSection 14ASection 92C

case of the assessee was selected for scrutiny. During the course of assessment proceedings, the AO noticed that the assessee has entered into international transactions with its AEs (associated enterprises) M/s. Taj TV and therefore a reference was made under section 92CA(1) of the Act dated 23.03.2015 to Transfer

Macquare Capital Securities India P.Ltd, Mumbai vs. DCIT 3(2), Mumbai

In the result the appeal of the revenue ITA no-

ITA 5709/MUM/2014[2008-09]Status: DisposedITAT Mumbai05 Aug 2022AY 2008-09

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Ms Jasmin AmasadvalaFor Respondent: Shri Sauel Pitta, CIT-DR
Section 143(3)Section 250

assessee is not comparable to KPO.In fact, that TP analysis had undertaken by the ld. TPO for determination of ALP of the international transaction of appellant to be far greater than the ALP determined by the assessee. The comparable were selected by the TPO on basis of business activities

DCIT 3(2), Mumbai vs. Macquarie Capital India P.Ltd, Mumbai

In the result the appeal of the revenue ITA no-

ITA 5636/MUM/2014[2008-09]Status: DisposedITAT Mumbai05 Aug 2022AY 2008-09

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Ms Jasmin AmasadvalaFor Respondent: Shri Sauel Pitta, CIT-DR
Section 143(3)Section 250

assessee is not comparable to KPO.In fact, that TP analysis had undertaken by the ld. TPO for determination of ALP of the international transaction of appellant to be far greater than the ALP determined by the assessee. The comparable were selected by the TPO on basis of business activities

Wipro Ge Healthcare Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

In the result, the appeal of the assessee in ITA No

ITA 702/BANG/2021[2006-07]Status: DisposedITAT Bangalore05 Aug 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri K.R. Pradeep &For Respondent: Shri V.S. Chakrapani, D.R
Section 143(3)Section 234BSection 37

comparable is found in respect of royalty payment by the assessee then the TPO/AO may consider the royalty payment as part of the international transactions under trading segment and then determine the ALP by considering the royalty as part of operating cost for the purpose of computing the margin ... trading segment.’’ 3.4 During the set aside proceedings, the assessee vide reply dt.05.06.2019 submitted that by considering royalty payment as part of the international transaction under trading segment, the margin of the assessee is higher than that of the comparable company. However, the TPO in para 4.5 & 4.6 has stated

Wipro Ge Healthcare Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

In the result, the appeal of the assessee in ITA No

ITA 701/BANG/2021[2005-06]Status: DisposedITAT Bangalore05 Aug 2022AY 2005-06

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri K.R. Pradeep &For Respondent: Shri V.S. Chakrapani, D.R
Section 143(3)Section 234BSection 37

comparable is found in respect of royalty payment by the assessee then the TPO/AO may consider the royalty payment as part of the international transactions under trading segment and then determine the ALP by considering the royalty as part of operating cost for the purpose of computing the margin ... trading segment.’’ 3.4 During the set aside proceedings, the assessee vide reply dt.05.06.2019 submitted that by considering royalty payment as part of the international transaction under trading segment, the margin of the assessee is higher than that of the comparable company. However, the TPO in para 4.5 & 4.6 has stated

M/S. Airbus Group India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 1(1)(1), Bangalore

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

ITA 2385/BANG/2019[2015-16]Status: DisposedITAT Bangalore05 Aug 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Sumeet Khurana, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R
Section 133(6)Section 143(3)Section 144CSection 92D

Learned AO/ Learned TPO in making an adjustment of INR 13,18,94,281 to the transfer price of the Appellant’s international transactions in respect of software engineering and design services. 4. On the fact and in the circumstances of the case and in law, with respect to adjustment ... follows:- Adjustment u/s 92CA of the Act: 2.1 During the F.Y. 2014-15, the assessee company had international transactions in respect of the Support services segment as per Section 92B of the I.T. Act. According to Section 92CA of the I.T. Act, the case was referred to the Transfer Pricing