“international transaction”

Accenture Solutions Pvt Ltd. (Asol) As A Successor to Accenture Serivces Pvt Ltd (Aspl), Mumbai vs. Dy CIT Circle- 14 (1)(1), Mumbai

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2015-16 M/S. Accenture Solutions The Dy. Commissioner O Pvt. Ltd. (‘Asol’), Income Tax, (As A Successor To Circle 14(1)(1), Accenture Services Pvt. 475, Aayakar Bhavan, Ltd. (‘Aspl’) Which Has M.K. Road, Merged Into Asol With An Mumbai - 400020 Effective Date Of 1 Vs. December 2016) Plant 3, Godrej & Boyce Complex, Phirojshah Nagar, Vikhroli West, Off L.B.S Marg, Mumbai – 400 079 Pan: Aacca8997K (Appellant) (Respondent)

based on the information / documents available with him; Separate segmental margins 3. Erred in law and facts, in upholding that the international transactions of the Appellant of rendering IT and BPO services under the Delivery Centre Agreement ('DCA') are two distinct transactions (i.e. rendering of IT services and rendering ... ASOL’) analysis, even if an adjustment is to be made using the TNMM, the adjustment should be restricted to the proportion of the international transaction (ie royalty) to the total costs of the segment. B. Non-Transfer Pricing grounds 21. Erred in making addition amounting

Dy CIT, Cir-4(3)(1), Mumbai vs. M/S. S. Kumars Nationwide Ltd., Mumbai

In the result, both the appeals by the Revenue are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

assessee e- filed its return of income on 25/08/2011 declaring total income of Rs. Nil. During assessment year 2010–11, assessee entered into following international transactions with its associated enterprises, which are reported in Form No. 3 CEB: M/s. S. Kumars Nationwide Ltd. ITA. No. 1364 & 1365/Mum./2021 Sl. Nature ... contingent in nature. The TPO vide order dated 17/01/2014 passed under section 92CA(3) of the Act treated the provision of guarantee as an international transaction under section 92B of the Act. The TPO applied Comparable Uncontrolled Price (‘CUP’) method for benchmarking the transactions of provision of corporate guarantee

Dy CIT, Cir-4(3)(1), Mumbai vs. M/S. S. Kumars Nationwide Ltd., Mumbai

In the result, both the appeals by the Revenue are dismissed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

assessee e- filed its return of income on 25/08/2011 declaring total income of Rs. Nil. During assessment year 2010–11, assessee entered into following international transactions with its associated enterprises, which are reported in Form No. 3 CEB: M/s. S. Kumars Nationwide Ltd. ITA. No. 1364 & 1365/Mum./2021 Sl. Nature ... contingent in nature. The TPO vide order dated 17/01/2014 passed under section 92CA(3) of the Act treated the provision of guarantee as an international transaction under section 92B of the Act. The TPO applied Comparable Uncontrolled Price (‘CUP’) method for benchmarking the transactions of provision of corporate guarantee

DCIT Circle- 2(1)(1), Mumbai vs. M/S Bombay Dyeing & Manufacturing Co. Ltd, Mumbai

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year : 2009-10 & Assessment Year: 2010-11

contained in chapter X of Income Tax Act, 1961 as introduced by Finance Act 2001 w.e.f 01.04.2002 lies on computation of income from international transaction having regard to Arm's Length Price to be determined as per section 92F(ii) in a third party uncontrolled scenario and consequently deleting ... following the ITAT decision in assessee's own case for A.Y 2010- 11 & 2012-13 in stating that the shareholder deposit is not the international transaction of the impugned assessment year, whereas the issue under consideration is whether the chargeable interest on the deposit is the international transaction

ACIT, Circle - 2(1)(1), Mumbai vs. The Bombay Dyeing & Mfg. Co. Ltd., Mumbai

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year : 2009-10 & Assessment Year: 2010-11

contained in chapter X of Income Tax Act, 1961 as introduced by Finance Act 2001 w.e.f 01.04.2002 lies on computation of income from international transaction having regard to Arm's Length Price to be determined as per section 92F(ii) in a third party uncontrolled scenario and consequently deleting ... following the ITAT decision in assessee's own case for A.Y 2010- 11 & 2012-13 in stating that the shareholder deposit is not the international transaction of the impugned assessment year, whereas the issue under consideration is whether the chargeable interest on the deposit is the international transaction

ACIT, Circle - 2(1)(1), Mumbai vs. The Bombay Dyeing & Mfg. Co. Ltd., Mumbai

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Year : 2009-10 & Assessment Year: 2010-11

contained in chapter X of Income Tax Act, 1961 as introduced by Finance Act 2001 w.e.f 01.04.2002 lies on computation of income from international transaction having regard to Arm's Length Price to be determined as per section 92F(ii) in a third party uncontrolled scenario and consequently deleting ... following the ITAT decision in assessee's own case for A.Y 2010- 11 & 2012-13 in stating that the shareholder deposit is not the international transaction of the impugned assessment year, whereas the issue under consideration is whether the chargeable interest on the deposit is the international transaction

DCIT- 19(1), Mumbai vs. Bhansali & Co., Mumbai

In the result, the appeal preferred by the Revenue is dismissed

Assessee has not maintained separate books of accounts for transaction AEs and non-AEs. The Assessee had benchmarked the international transactions using the Transactional Net Margin Method (TNMM). The TPO held that aggregation of AE and non-AE transaction was not permissible under TNMM. Further, the TPO rejected the segmental ... under Section 271G of the Act which culminated into order dated 29.07.2016 whereby penalty of INR 1,65,65,934/-, being 2% of the international transaction amounting to INR 82,82,96,698/-, was levied on the Assessee 4. Being aggrieved, the Assessee filed appeal before CIT(A) against

DDIT (I.T) 2(1), Mumbai vs. M/S. Reuters Ltd., Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

estimated on a reasonable basis". The DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income-tax Act. The principles have been clarified by the Finance ... reasoning given by the Tribunal has to be set aside. In matters of tax what has to be considered and more so in international transactions if there be a treaty, the provisions of the treaty and if the provisions of the treaty are more advantageous to an assessee, then

DDIT (I.T) 2(1), Mumbai vs. M/S. Reuters Ltd., Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

estimated on a reasonable basis". The DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income-tax Act. The principles have been clarified by the Finance ... reasoning given by the Tribunal has to be set aside. In matters of tax what has to be considered and more so in international transactions if there be a treaty, the provisions of the treaty and if the provisions of the treaty are more advantageous to an assessee, then

Refinitiv Ltd., Mumbai vs. DCIT (I.T) 2(1), Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

estimated on a reasonable basis". The DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income-tax Act. The principles have been clarified by the Finance ... reasoning given by the Tribunal has to be set aside. In matters of tax what has to be considered and more so in international transactions if there be a treaty, the provisions of the treaty and if the provisions of the treaty are more advantageous to an assessee, then

Refinitiv Ltd., Mumbai vs. DCIT (I.T) RG. 2, Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

estimated on a reasonable basis". The DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income-tax Act. The principles have been clarified by the Finance ... reasoning given by the Tribunal has to be set aside. In matters of tax what has to be considered and more so in international transactions if there be a treaty, the provisions of the treaty and if the provisions of the treaty are more advantageous to an assessee, then

Altico Capital India Private Limited ( Formerly Clearwater Capital Partners (I) Private Limited, Mumbai vs. ACIT Circle-14(1)(2), Mumbai

In the result, cross appeals by the assessee and Revenue are partly allowed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

learned AO')/ Deputy Commissioner of Income-tax (Transfer Pricing)-1(2)(1), Mumbai (hereinafter referred to as 'learned TPO‟ with respect to the international transaction pertaining to payment of interest on Fully Convertible Debentures (FCDs): 2. In upholding the transfer pricing adjustment with respect to the international transaction pertaining ... No.424/Mum./2018 and 11/Mum./2018 2.2 In not accepting the benchmarking analysis and arm's length price (ALP) of the aforementioned international transaction as conducted/determined by the Appellant in accordance with the provisions of the Act read with the Income-tax Rules, 1962. 2.3 In rejecting the average lending rates

Jt.Commissioner of Income Tax (OSD)- 14(1)(1), Mumbai vs. Clearwater Capital Partners India Private Limited (Now Known As Altico Capital India Private Limited, Mumbai

In the result, cross appeals by the assessee and Revenue are partly allowed

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

learned AO')/ Deputy Commissioner of Income-tax (Transfer Pricing)-1(2)(1), Mumbai (hereinafter referred to as 'learned TPO‟ with respect to the international transaction pertaining to payment of interest on Fully Convertible Debentures (FCDs): 2. In upholding the transfer pricing adjustment with respect to the international transaction pertaining ... No.424/Mum./2018 and 11/Mum./2018 2.2 In not accepting the benchmarking analysis and arm's length price (ALP) of the aforementioned international transaction as conducted/determined by the Appellant in accordance with the provisions of the Act read with the Income-tax Rules, 1962. 2.3 In rejecting the average lending rates