“international transaction”

Bostik India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

situated mainly within India. 3. For the assessment year 2011-2012 to 2013-2014, the assessments were selected for scrutiny and as there were international transactions with Associated Enterprises (AEs), the Assessing Officer referred the matter under provisions of section 92CA(1) of the I.T.Act to the Transfer Pricing Officer ... view of the above, the ALP of international transaction undertaken by the assessee with its AEs was sought to be justified. The details of the international transactions entered by the assessee with its AEs for each of the three relevant assessment years are tabulated below: Sl. Transactions Year-3 Year

Bostik India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

situated mainly within India. 3. For the assessment year 2011-2012 to 2013-2014, the assessments were selected for scrutiny and as there were international transactions with Associated Enterprises (AEs), the Assessing Officer referred the matter under provisions of section 92CA(1) of the I.T.Act to the Transfer Pricing Officer ... view of the above, the ALP of international transaction undertaken by the assessee with its AEs was sought to be justified. The details of the international transactions entered by the assessee with its AEs for each of the three relevant assessment years are tabulated below: Sl. Transactions Year-3 Year

Bostik India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

situated mainly within India. 3. For the assessment year 2011-2012 to 2013-2014, the assessments were selected for scrutiny and as there were international transactions with Associated Enterprises (AEs), the Assessing Officer referred the matter under provisions of section 92CA(1) of the I.T.Act to the Transfer Pricing Officer ... view of the above, the ALP of international transaction undertaken by the assessee with its AEs was sought to be justified. The details of the international transactions entered by the assessee with its AEs for each of the three relevant assessment years are tabulated below: Sl. Transactions Year-3 Year

M/S Mersen India Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result all the appeals of the assessee are treated as allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.118 To 122/Bang/2018 Assessment Years : 2009-10 To 2013-14

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

M/S Mersen India Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result all the appeals of the assessee are treated as allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.118 To 122/Bang/2018 Assessment Years : 2009-10 To 2013-14

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

M/S Mersen India Pvt Ltd, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result all the appeals of the assessee are treated as allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.118 To 122/Bang/2018 Assessment Years : 2009-10 To 2013-14

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

M/S Mersen India Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result all the appeals of the assessee are treated as allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.118 To 122/Bang/2018 Assessment Years : 2009-10 To 2013-14

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

M/S Mersen India Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result all the appeals of the assessee are treated as allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.118 To 122/Bang/2018 Assessment Years : 2009-10 To 2013-14

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

Lenovo (India) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-4(1)(1), Bangalore

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.452/Bang/2017 Assessment Year: 2012-13

made in respect of manufacturing segment. The manufacturing segment consisted of manufacturing and distribution of desktops and note books. The assessee had benchmarked the international transactions in manufacturing segment under internal CUP method. The TPO adopted TNM method and accordingly made transfer pricing adjustment of Rs.22.62 crores ... vide his order dated 31.10.2011 accept Assessee's adoption of CUP as MAM and also accepted that price paid in the international transaction to the AE is at Arm's Length. In AY 2009-10 in ITA(TP)A.No.74/Bang/2014 order-dated 6.7.2018 the Tribunal upheld order

Black Knight India Solutions Private Limited, Hyderabad vs. Assistant Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result, the appeal filed by assessee stands allowed on ground no

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 230/Bang/2021 Assessment Year : 2016-17 M/S. Black Knight India Solutions Pvt. Ltd., The Assistant 6-3-1192-2-1, Htc Commissioner Of Towers, Kundanbagh, Income Tax, Begumpet, Circle – 1(1)(2), Hyderabad, Vs. Bangalore. Telangana – 500 016. Pan: Aaccl2956K Appellant Respondent : Shri S.P. Chidambaram, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 26-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Final Assessment Order Dated 30.03.2021 Passed By The Ld.Ao In National E-Assessment For Assessment Year 2016-17 On Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Final Assessment Order Dated 30 March 2021 (And Received By The Appellant On 30 March 2021) Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income-Tax Officer, National E-Assessment

undertaking a fresh economic analysis during the course of assessment proceedings and thereby making an adjustment of Rs. 5,40,95,771 to the international transactions relating to provision of software development and support services. 5. That on the facts and circumstances of the case and in law, the TPO/AO/DRP ... CASS and notice u/s. 143(2) of the Act, was issued and served on the assessee. 2.2 During the under consideration, the assessee had international transactions aggregating to Rs.77,72,22,589/-. The case is limited scrutiny on TP risk parameter, being one of the As the international transaction exceeded

M/S. Dmg Mori India Private Limited (Formerly Dmg Mori Seiki India Machines and Services Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 11(1), Bangalore

In the result the appeal filed by the assessee stands partly allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 165/Bang/2020 Assessment Year : 2009-10 M/S. Dmg Mori India Pvt. Ltd. (Formerly Dmg Mori Seiki India Machines & The Deputy Services Pvt. Ltd.), Commissioner Of No. 3/1, 3Rd Main Road, Income Tax, Kiadb, Peenya, 1St Stage, Circle – 11(1), Ward No. 1, Hmt, Vs. Bangalore. Bangalore – 560 058. Pan: Aabcd0003E Appellant Respondent Assessee By : Shri Vikram, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By The Assessee Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For Assessment Year 2009-10 On Following Consolidated Grounds Of Appeal: “1. The Order Of The Cit(Appeals) Is Contrary To Law, Facts & Circumstances Of The Case. 2. Disallowance Under Section 40(A)(I) Of The Act (Rs.2,76,24,000/-) 2.1. Disallowance U/S.40(A)(I) Unwarranted: The Cit(Appeals) Erred In Confirming The Disallowance Of Payments Made To M/S R.S Mail Limited , United Kingdom

notice under section 143(1) of the Act, was issued to assessee. From the details filed, the Ld.AO observed that, the assessee had international transaction exceeding ₹ 15 crores and accordingly, reference was made to the transfer pricing officer, to determine arms length price of the international transactions. 2.3 Upon receipt ... reference, the Ld.TPO called upon assessee to furnish the economic details of the international transaction between assessee and its AE. The Ld.TPO observed that, the assessee was engaged in rendering of marketing support services and manpower support services to its group companies the details of which are as under

Alcon Laboratories India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(4), Bangalore

In the result the appeal filed by the assessee stands allowed as indicated herein above

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

incurred excessive or extraordinary AMP expenses for the purpose of development of marketing intangibles of AE and that such expenditure is a separate international transaction of provision of service: 4. Without prejudice to the above ground, the learned AO / TPO and the learned DRP have erred ... applying it in the manner prescribed under the Act. read with the Income-tax Rules, 1962 (the Rules") to benchmark the alleged international transaction of AMP expenditure. 10. Without prejudice to the above grounds. the learned AO / TPO and the learned DRP have erred in law and in facts

M/S Adc India Communications Limited, Bangalore vs. Asst.C.I.T., Bangalore

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

learned AO/TPO erred in not adopting Resale Price Method (PRM) as the most appropriate method for determining the Arm’s Length Price of the international transactions in respect of import of traded goods by the appellant from the Associate Enterprises.” We shall adjudicate the above grounds as under: Additional Ground ... manufacturing segment) 13. It was submitted by the learned AR that the TP adjustment should be restricted to the value of the international transaction. The learned AR relies on the following judicial pronouncements:- (i) Jin Electronics I P Ltd. v. ACIT reported in (2010) 36 SOT 227 (Delhi) (ii) Kirloskar

M/S on Mobile Global Ltd., Bangalore vs. DCIT, Bangalore

In the result appeal filed by assessee stands allowed for statistical purposes and appeal filed by revenue stands dismissed

services rendered by them outside India within their respective territories. 2.2 The Ld.AR submitted that, during the year under consideration assessee entered into certain international transactions with its associated enterprises (being subsidiaries of assessee). The details of the international transactions are as under: Page ... emphasise that the actual functions performed and risk assumed by assessee is necessary to be understood before analysing the arm’s-length of the international transactions undertaken by assessing. 5. The Ld DR though objected, could not controvert that the functions of assessee is understood by the Ld.TPO