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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

Assistant Commissioner of Income Tax Central Circle-2(2), Bangalore vs. M/S Gmr Infrastructure Ltd, Bangalore

In the result, Ground no. 1 raised for A

ITA 1741/BANG/2017[2010-11]Status: DisposedITAT Bangalore25 May 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA
Section 14ASection 201Section 234B

issued. The Assessing Officer as per Form 3CB Report filed by the assessee, found that the assessee has international transactions, and referred the matter for determination of Arm's Length Price (ALP) to the Transfer Pricing Officer (TPO). Whereas the TPO made an adjustment of Rs.15 ... commission could be charged on corporate guarantee given for the purpose of furtherance of business of Assessee overseas 3. Corporate Guarantee is not an international transaction, and giving of one to an AE is in the nature of shareholder’s activity in which no costs are involved 4. Without prejudice

Gmr Infrastructure Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 1705/BANG/2017[2010-11]Status: DisposedITAT Bangalore25 May 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA
Section 14ASection 201Section 234B

issued. The Assessing Officer as per Form 3CB Report filed by the assessee, found that the assessee has international transactions, and referred the matter for determination of Arm's Length Price (ALP) to the Transfer Pricing Officer (TPO). Whereas the TPO made an adjustment of Rs.15 ... commission could be charged on corporate guarantee given for the purpose of furtherance of business of Assessee overseas 3. Corporate Guarantee is not an international transaction, and giving of one to an AE is in the nature of shareholder’s activity in which no costs are involved 4. Without prejudice

Gmr Infrastructure Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 1622/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 May 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA
Section 14ASection 201Section 234B

issued. The Assessing Officer as per Form 3CB Report filed by the assessee, found that the assessee has international transactions, and referred the matter for determination of Arm's Length Price (ALP) to the Transfer Pricing Officer (TPO). Whereas the TPO made an adjustment of Rs.15 ... commission could be charged on corporate guarantee given for the purpose of furtherance of business of Assessee overseas 3. Corporate Guarantee is not an international transaction, and giving of one to an AE is in the nature of shareholder’s activity in which no costs are involved 4. Without prejudice

Gmr Infrastructure Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 1600/BANG/2017[2013-14]Status: DisposedITAT Bangalore25 May 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA
Section 14ASection 201Section 234B

issued. The Assessing Officer as per Form 3CB Report filed by the assessee, found that the assessee has international transactions, and referred the matter for determination of Arm's Length Price (ALP) to the Transfer Pricing Officer (TPO). Whereas the TPO made an adjustment of Rs.15 ... commission could be charged on corporate guarantee given for the purpose of furtherance of business of Assessee overseas 3. Corporate Guarantee is not an international transaction, and giving of one to an AE is in the nature of shareholder’s activity in which no costs are involved 4. Without prejudice

Gmr Infrastructure Limited, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, Ground no. 1 raised for A

ITA 1599/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 May 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Yogesh A Thar, CA
Section 14ASection 201Section 234B

issued. The Assessing Officer as per Form 3CB Report filed by the assessee, found that the assessee has international transactions, and referred the matter for determination of Arm's Length Price (ALP) to the Transfer Pricing Officer (TPO). Whereas the TPO made an adjustment of Rs.15 ... commission could be charged on corporate guarantee given for the purpose of furtherance of business of Assessee overseas 3. Corporate Guarantee is not an international transaction, and giving of one to an AE is in the nature of shareholder’s activity in which no costs are involved 4. Without prejudice

ACIT 12(3)(2), Mumbai vs. Morgan Stanley Advantage Services P.Ltd, Mumbai

In the result, appeal of the Revenue is dismissed and Cross

ITA 1215/MUM/2016[2011-12]Status: DisposedITAT Mumbai24 May 2022AY 2011-12
Section 143(3)Section 144C(5)

Enabled Services (ITES) to its Associated Enterprises (AE) to the tune of Rs.355,22,04,230/- during the year under consideration and the said international transaction has been benchmarked by the assessee using Transactional Net Margin Method (TNMM) as the Most Appropriate Method (MAM). The Profit Level Indicator (PLI) used ... assessee company. However, we find that this comparable was actually chosen by the assessee itself in the list of comparables while benchmarking the international transaction. That is the reason why additional ground is filed by the assessee now seeking for its exclusion. In this regard, we find in A.Y.2009-10, this

M/S. Emerson Automation Solutions Intelligent Platforms Private Limited (Formerly M/S Ge Intelligent Platforms Private Limited), Bangalore vs. The Assistant Commissioner of Income Tax Circle-3(1)(2), Bangalore

In the result, grounds 10 and 11 are allowed for statistical purposes

ITA 356/BANG/2018[2013-14]Status: DisposedITAT Bangalore24 May 2022AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.356/Bang/2018 : Asst.Year 2013-2014 M/S.Emerson Automation The Assistant Commissioner Solutions Intelligent Platforms Of Income-Tax, Circle 3(1)(2) V. Bangalore. Private Limited (Formerly Known As M/S.Ge Intelligent Platforms Private Limited) Velankani Tech Park, Building 9 First Floor, 43 Hosur Road Bangalore 560 100 Pan : Aaacg7573K (Appellant) (Respondent) Appellant By : S/Sri.Sachit Jolly & Aayush Nagpal, Advocates Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 24.05.2022 Date Of Hearing : 17.05.2022 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 30.10.2017 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Process Industrial Automation That Includes Manufacture & Trading Of Automation Products, Solutions & Services For The Process Controlled Application. For The Relevant Assessment Year The Return Of Income Was Filed By The Assessee On 29.11.2013 Declaring Total Loss Of Rs.1,06,46,560. The 2 It(Tp)A No.356/Bang/2018 M/S.Emerson Automation Solutions Intelligent Platforms Pvt.Ltd Assessment Was Selected For Scrutiny By Issuance Of Notice U/S 143(2) Of The I.T.Act. During The Course Of Assessment Proceedings, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The International Transactions Undertaken By The Assessee With Its Associated Enterprises (Aes). The Tpo Vide Order Dated 31.10.2016 Passed U/S 92Ca Of The I.T.Act Proposed The Following Adjustments:- Segment Value Of Adjustment (Rs.) Manufacturing Segment 4,43,23,760 Hq Charges 86,39,654 Total 5,37,40,836

For Appellant: S/Sri.Sachit Jolly & Aayush Nagpal, AdvocatesFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 71Section 92C

course of assessment proceedings, the matter was referred to the Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the international transactions undertaken by the assessee with its Associated Enterprises (AEs). The TPO vide order dated 31.10.2016 passed u/s 92CA of the I.T.Act proposed the following ... appropriate method and not accepting Transactional Net Margin Method ('TNMM') adopted by the Assessee for determining the Arm's Length Price (,ALP') of the international transaction of payment of HQ charges. (corresponding to original ground 8) 9. That on the facts and in the circumstances of the case, the Learned

Toyota Kirloskar Auto Parts Private Limited, Ramanagara vs. Assistant Commissioner of Income Tax, Ltu, Circle-2, Bangalore

In the result, the appeal is treated as partly allowed

ITA 301/BANG/2021[2016-17]Status: DisposedITAT Bangalore23 May 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Shri Laxmi Prasad Sahuit(Tp)A No.301/Bang/2021 Assessment Year : 2016-17 M/S. Toyota Kirloskar Auto Parts Pvt. Ltd., Acit, Vs. Plot No.21 Bidadi Industrial Area, Circle –2, Ltu, Bidadi, Ramanagara, Bengaluru. Bengaluru-562 109. Pan : Aabct 5590 Q Appellant Respondent

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92

challenged the addition made to the total income of the assessee consequent to determination of Arm’s Length Price (ALP) in respect of an international transaction of payment of royalty to its Associated Enterprise (AE) u/s.92 of the Act. 3. The first aspect of the ground of challenge relating ... determination of ALP is with regard to the adoption of the Most Appropriate Method (MAM)in determining the ALP. The nature of the international transaction between the assessee and his AE is that the assessee is a company engaged in the manufacture of automotive front axle, rear axle and propeller

M/S. Ge Be Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 3(1)(2), Bangalore

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

ITA 2615/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 May 2022AY 2015-16

Bench: Shri Chandra Poojari & Shri George K. George

For Appellant: Shri Sachit Jolly &For Respondent: Shri Sumer Singh Meena, D.R
Section 143(3)Section 92D

learned Assessing Officer (learned AO') / learned Transfer Pricing Officer (learned TPO') in making an adjustment of INR 17,288,156/- to the international transactions relating to the Engineering Design services segment (`Services segment') of the Appellant. Grounds relating to transfer pricing matters 3. That on the facts and circumstances ... transactions ore not? If there is no RPT transactions, this company Infomile Technologies Ltd. to be included as comparable while computing the ALP of international transaction. This ground of appeal of the assessee is remitted back to the file of AO/TPO for fresh consideration. IT(TP)A No.2615/Bang/2019

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

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

ITA 2556/BANG/2019[2015-16]Status: HeardITAT Bangalore23 May 2022AY 2015-16

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2556/Bang/2019 Assessment Year : 2015-16

For Appellant: Shri S. Ganesh, Sr. ARFor Respondent: Shri T. Roumuan Paite, D.R
Section 143(3)

Cylinders Ltd. (ITA No.542/Mum/2012) that corporate guarantee cannot be compared with the guarantee provided by banks (named as ‘bank guarantee’) for determining ALP of international transactions. The Ld. A.R. also further submitted that the Hon’ble Supreme Court has upheld the view of Hon’ble High Court in the case ... sections 92, 92C, 92D and 92E, "specified domestic transaction" in case of an assessee means any of the following transactions, not being an international transaction, namely:— (i) any expenditure in respect of which payment has been made or is to be made to a person referred to in clause

Tesco Bangalore Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-7(1)(1), Bangalore

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

ITA 602/BANG/2016[2011-12]Status: PendingITAT Bangalore23 May 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.602/Bang/2016 Assessment Year : 2011-12 M/S. Tesco Bengaluru Private Limited, Dcit, Vs. (Earlier Known As Tesco Hindustan Service Circle – 7(1)(1), Centre Private Limited), Bengaluru. No.81 & 82, Tesco H S C, Epip Area, White Field, Bengaluru-560 066. Pan : Aabct 8915 B Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 22.02.2022 Date Of Pronouncement : 23.05.2022 O R D E R Per B. R. Baskaran:

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(3)Section 234BSection 234C

services. 5.2 The Ld A.R reiterated that the reimbursement of share issued as incentive to the employees cannot be treated as separate international transactions. In any case, the assessee has aggregated the expenses as part IT(TP)A No.602/Bang/2016 Page 5 of 11 of cost of services and charged ... submitted that the TPO has accepted the aggregation of expenses in the succeeding year. He also submitted that the “safe harbour rules for International transactions” included in Rule 10TA defines the term “operating expenses” in clause (j). As per the said definition, the “costs relating to Employee Stock Option Plan

Deputy Commissioner of Income Tax, Circle- 6(1)(2), Bengaluru vs. M/S. Symbol Technologies India Private Limited, Bengaluru

In the result, appeal by the assessee and that by the Revenue are treated as partly allowed

ITA 2221/BANG/2019[2011-12]Status: DisposedITAT Bangalore20 May 2022AY 2011-12

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

For Appellant: Shri. Aliasgar Rampurwala, CAFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 92Section 92(1)Section 92B(1)

case, the learned CIT(A) erred in upholding the actions of the learned TPO in treating interest on delayed receivable as a separate international transaction and making an adjustment towards it. 3. Ground Nos.7 and 8 raised by the assessee and grounds raised by the Revenue in its appeal ... relation to the determination of ALP in respect of an international transaction for rendering software development services by the assessee to its AE and therefore can be adjudicated together. 4. The assessee in engaged in the business of provision of Software Development Services (SWD services), to its wholly owned holding

M/S. Symbol Technologies India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 6(1)(2), Bengaluru

In the result, appeal by the assessee and that by the Revenue are treated as partly allowed

ITA 2057/BANG/2019[2011-12]Status: DisposedITAT Bangalore20 May 2022AY 2011-12

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

For Appellant: Shri. Aliasgar Rampurwala, CAFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 92Section 92(1)Section 92B(1)

case, the learned CIT(A) erred in upholding the actions of the learned TPO in treating interest on delayed receivable as a separate international transaction and making an adjustment towards it. 3. Ground Nos.7 and 8 raised by the assessee and grounds raised by the Revenue in its appeal ... relation to the determination of ALP in respect of an international transaction for rendering software development services by the assessee to its AE and therefore can be adjudicated together. 4. The assessee in engaged in the business of provision of Software Development Services (SWD services), to its wholly owned holding

Dow Chemicals International Pvt Ltd. As Successor of Rohm and Haas (India) Pvt Ltd, Mumbai vs. ITO 14 (1)(3), Mumbai

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

ITA 7936/MUM/2019[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2015-16 Dow Chemical International Private Income Tax Officer-14(1)(3), Limited As Successor Of Rohm & Hass Room No. 458, 4Th Floor, (India) Private Limited, Vs. Aayakar Bhavan, M.K. Road, Godrej It Park-P2, 1St Floor Block B, 02, Mumbai-400020. Lbs Road, Godrej Business District, Pirojshanagar, Vikhroli (West), Mumbai-400079. Pan No. Aaacr 2855 F Appellant Respondent

For Appellant: Mr. Rajan R. Vora/For Respondent: Dr. Yogesh Kamat, CIT-DR
Section 92C

total income of the Appellant under Section 92CA(3) of the Act on account of adjustment in the arm's length price of the international transaction of export of finished goods and on a without prejudice basis of IN 23,54,22,466 on the international transaction of import ... erred in making an incorrect observation that the Appellant is a loss-making concern and hence has chosen PM to benchmark the international transactions of import of raw materials and export of finished goods, without appreciating the fact that appellant is not a loss- making concern. Inappropriate rejection of comparable

Fremantle India Television Productions Pvt Ltd., Mumbai vs. Asst CIT Circle- 16 (1), Mumbai

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

ITA 7894/MUM/2019[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2015-16 Fremantle India Television The Asst. Commissioner Of Productions Private Limited, Income-Tax, Circle 16(1), 109, Shalimar Morya Park, Vs. Aayakar Bhavan, Plot B-2, Off New Link Road, Mumbai-400020. Oshiwara, Andheri West, Mumbai-400053. Pan No. Aaacf 0436 A Appellant Respondent Assessee By : Mr. M.P. Lohia/ Mr. Hemen Chadariya, Ars Revenue By : Dr. Satya Pinisetty, Cit-Dr Date Of Hearing : 16/03/2022 Date Of Pronouncement : 19/05/2022

For Appellant: Mr. M.P. Lohia/For Respondent: Dr. Satya Pinisetty, CIT-DR
Section 271

transfer pricing analysis without providing cogent basis and making a transfer pricing adjustment of INR 1,44,56,458 in respect of deemed international transaction of television content production fees received from the broadcasters. 3. erred in rejecting documentary evidence including audited segmental statement, submitted by the Appellant during ... submitted by the assessee that in the case issue in dispute is in respect of determination of the arm’s length price of ‘deemed international transactions’ of television content production fees received from the broadcasters. In the year Fremantle India Television Productions Private Limited 4 under consideration, Fremantle Media

DCIT-5(1)(2), Mumbai vs. M/S Dharmanandan Diamonds Pvt Ltd., Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4232/MUM/2019[2013-14]Status: DisposedITAT Mumbai19 May 2022AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2013-14 Dy. Commissioner Of Income- M/S Dharmanandan Tax, Circle 5(1)(2), Diamonds Pvt. Ltd., R.No. 568, Aayakar Bhavan, Vs. Fc-7081-82, M.K. Road, Bharat Diamond Bourse, Mumbai-400020. Bkc, Bandra (East), Mumbai-400051. Pan No. Aaccd 6676 J Appellant Respondent Revenue By : Dr. Yogesh Kamat, Cit-Dr Assessee By : Rashmikant C. Modi/ Ketki Rajeshirke, Ars Date Of Hearing : 23/03/2022 Date Of Pronouncement : 19/05/2022

For Appellant: Rashmikant C. Modi/For Respondent: Dr. Yogesh Kamat, CIT-DR
Section 271GSection 92Section 92DSection 92D(3)

relation to penalty for non-maintenance of the documents for determination of M/s Dharmanandan Diamonds Pvt. Ltd. 2 arm’s-length price of international transactions for assessment year 2013-14. The grounds raised by the Revenue in its appeal are reproduced as under: i. Whether the CIT(A) was correct ... holding that the assessee had made substantial compliance, failing to note that under TNMM adopted by the assessee, the profit of the international transaction has to be furnished, whereas the assessee has only furnished the entity level margins which consists of overall profits on AE and significant non-AE transactions

Emerson Electric Company (India)Pvt. Ltd, Mumbai vs. DCIT 1(2) (1) Jurisdictional Assessing Officer, Mumbai

ITA 933/MUM/2021[2016-17]Status: DisposedITAT Mumbai18 May 2022AY 2016-17

Bench: Shri Baskaran Br & Shri Kuldip Singhassessment Year: 2016-17

For Appellant: ShriDhanesh Bafna, A.RFor Respondent: Shri Rajesh Mishra, D.R
Section 144Section 153Section 92C

support and related services (ITeS); and facilitation support services (marketing support services). 3. During the year under consideration the assessee entered into 19 international transactions with its Associated Enterprises (AE). The TPO after providing an opportunity of being heard to the assessee proposed adjustment on account of arms length price ... international transactions entered by the assessee with its AE as under: 5 M/s. Emerson Electric (Company) India Pvt. Ltd. Sl Description Amount in INR No. a) Adjustment on account of provision of IT 10,71,52,195 related and support services b) Adjustment on account of provision

First Credit Ites P. Ltd, Mumbai vs. Addl/Jt.Dy/CIT/ITO, National E -Assessment Centre, Delhi

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

ITA 1183/MUM/2021[2016-17]Status: DisposedITAT Mumbai18 May 2022AY 2016-17

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am First Credit Ites P. Ltd. The Addl. Commissioner Of D-211, Ghatkopar Indl. Estate, Income-Tax Officer Behind R-City Mall, National E-Assessment Off L.B.S Marg, Vs. Centre, Ghatkopar West, Delhi-110003 Mumbai-400 086 (Appellant) (Respondent) Pan No.Aabcf5210B Assessee By : Shri Sunil Moti Lala, Ar Revenue By : Shri Tejinder Pal Singh, Dr Date Of Hearing: 22.02.2022 Date Of Pronouncement : 18.05.2022

For Appellant: Shri Sunil Moti Lala, ARFor Respondent: Shri Tejinder Pal Singh, DR
Section 143(3)Section 144BSection 144C(3)Section 144C(5)Section 92C

Transfer Pricing Officer (TPO') have erred in making an addition of INR 2,21,23,649/- to the value of international transactions in respect of the provision of services to its associated enterprise ('AE'). The Appellant humbly submits that no transfer pricing adjustment is warranted in its case ... considering the Transactional Net Margin Method (TNMM') as the most appropriate method for benchmarking the First Credit ITES Pvt. Ltd.; AY 16-17 international transaction of the provision of services to its Associated Enterprises. 1.3. On the facts and circumstances of the case and in law, the DRP/TPO have erred

Additional Commissioner of Income Tax (Ltu), Bangalore vs. M/S Texas Instruments (India) Private Limited, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 606/BANG/2019[2014-15]Status: DisposedITAT Bangalore17 May 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

Revenue. 17. Ground Nos.4 to 6 raised by the Revenue are with regard to depreciation of Arm’s Length Price (ALP) in respect of international transaction of providing marking support services by the assessee to its AE. The assessee provided marking support services to its AE. There is no doubt ... that the transaction of providing MSS is an international transaction and the arm’s length remuneration received by the assessee for providing such services satisfy the test of ALP as envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM

M/S Texas Instruments India Pvt Ltd, Bangalore vs. Additional Commissioner of Income Tax Ltu, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 365/BANG/2019[2014-15]Status: DisposedITAT Bangalore17 May 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

Revenue. 17. Ground Nos.4 to 6 raised by the Revenue are with regard to depreciation of Arm’s Length Price (ALP) in respect of international transaction of providing marking support services by the assessee to its AE. The assessee provided marking support services to its AE. There is no doubt ... that the transaction of providing MSS is an international transaction and the arm’s length remuneration received by the assessee for providing such services satisfy the test of ALP as envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM