“international transaction”

M/S.Tokai Rika Minda India Pvt. Ltd., Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2327/Bang/2016 : Asst.Year 2012-2013 M/S.Tokai Rika Minda India The Deputy Commissioner Of Private Limited Income-Tax, Circle 7(1)(1) V. Bangalore. Plot No.365, Sompura 1St Stage Kiadb Industrial Area Dobbaspet, Nelamangala Taluk Bangalore Rural Dist – 562 111. Pan : Aadct0271C. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 08.04.2022 Date Of Hearing : 22.03.2022

assessee. The assessee made various adjustments to arrive at the OPM. Thus, in the TP study, it was concluded that international transactions are at arm's length. 4. The TPO rejected the comparables set taken by the assessee. The TPO conducted a fresh TP analysis and selected ... Technologies India Private Limited reported in 101 taxmann.com 313.  The Assessee has also argued that the TP adjustment should be restricted only to the international transactions. The Assessee submitted that the DRP has erred in computing the transfer pricing adjustment for the total operating costs. The ld. Counsel

Asst.CIT, Bangalore vs. M/S Xerox Business Services of India Pvt. Ltd., Bangalore

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

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm

assessee.” 13.1. Accordingly, we direct the AO/TPO to exclude ICRA Online Ltd. from the list of comparables while determining ALP of the international transactions. 14. In Ground No. 31 assessee seeking correct computation of operating margin of Mindtree Limited. The learned D.R. put no objection on this issue. Accordingly

Anz Support Services India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bangalore

In the result, the appeal of the assessee is allowed

Bench: Shri N V Vasudevan & Ms. Padmavathy S

wholly owned holding company were Associated Enterprises ("AEs"). In terms of Sec.92B(1) of the Act, the transaction of providing ITeS was an "international transaction" and in terms of Sec.92(1) of the Act, any income arising from an international transaction shall be computed having regard ... scrutiny through CASS and notice under 143(2) of the Act dated 19/03/2016 was duly served on the assessee. Since the assessee company had international transactions on trade receivables with the IT(TP)A No.185/Bang/2021 Page 3 of 11 AE as per section 92B of the Act, the case

M/S. United Spirits Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-7(1)(1), Bengaluru

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2701/Bang/2017 : Asst.Year 2013-2014 M/S.United Spirits Limited The Deputy Commissioner Of Ub Towers, Income-Tax, Circle 7(1)(1) V. No.24 Vittal Mallya Road Bangalore. Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent) Appellant By : Sri.Percy Pardiwala, Senior Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 05.04.2022 Date Of Hearing : 24.03.2022 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 12.10.2017 Passed U/S 143(3) R.W.S. 144C(13) 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 Manufacture & Sale Of Alcoholic Beverage. The Assessee Filed Its Return Of Income For The Assessment Year 2013-2014 On 28.11.2013 Which Was Selected For Scrutiny Assessment. During The Course Of Assessment, The Assessee’S Case Was Also Referred To The Transfer Pricing Officer (Tpo). The Tpo Vide Order Dated 26.10.2016, Recommended Transfer Pricing Adjustments. The A.O., Thereafter, Passed A Draft Assessment Order Dated 30.12.2016. 2 It(Tp)A No.2701/Bang/2017 M/S.United Spirits Limited.

issue of Corporate Guarantee ('CG') to USL Holdings Limited - Rs.122,24,28,300 Erred in law by treating corporate guarantee provided as an international transactions 2.1. The learned TPO/ Hon'ble DRP has erred in law in inferring 'Corporate Guarantee' would constitute as an international transaction without appreciating that ... held that based on 14 IT(TP)A No.2701/Bang/2017 M/s.United Spirits Limited. the retrospective amendment made to the definition of the term `international transaction’ by the Finance Act, 2012 with effect from 01st April, 2012, the advance made by the assessee would qualify as an `international transaction’ and interest

M/S. Infineon Technologies India Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru

In the result the appeal filed by assessee stands allowed partly

Bench: Shri B. R. Baskaran & Smt. Beena Pillaiit(Tp)A No.2870/Bang/2017 Assessment Year: 2013-14 M/S. Infineon Technologies India Pvt. Ltd. Deputy Commissioner 9Th Floor Prestige Of Income-Tax Thirulakshmi Vs. Circle-3(1)(1) No.11 M.G. Road Bengaluru Bengaluru 560 001 Pan No : Aabcs6967N Appellant Respondent Appellant By : Shri K.R. Vasudevan, A.R. Shri Sumer Singh Meena, Respondent By : D.R. Date Of Hearing : 13.01.2022 Date Of Pronouncement : 31.03.2022 O R D E R Per Beena Pillai: Present Appeal Is Filed By Assessee Against The Order Dated 16/10/2017 Passed By The Ld.Dcit Under Section 143(3) R.W. Section 144C(13) For Assessment Year 2013-14 On Following Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To One Another.

Honourable Dispute Resolution Panel ("Hon'ble DRP") grossly erred in adjusting the transfer price by INR 6,15,17,368/- with respect to the international transactions rendered by the taxpayer u/s 92CA of the Income-tax Act, 1961 ("the Act"). 2. The learned AO/learned TPO/Hon'ble DRP erred in rejecting ... conducting a fresh comparability analysis by introducing various filters for the purpose of determining the Arm's Length Price ("ALP") of the international transaction pertaining to software development services. 4. The learned AO/learned TPO/Hon'ble DRP erred in not considering the previous two years' financial data of the comparable companies

M/S Tyco Fire & Security India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-7(1)(1), Bangalore

In the result, the appeal filed by assessee stands partly allowed as indicated hereinabove

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 3363/Bang/2018 Assessment Year : 2014-15 M/S. Tyco Fire & The Assistant Security India Pvt. Ltd., Commissioner Of D-601, Rmz Contennial, Income Tax, Kundalahalli Main Road, Circle – 7 (1)(1), Bangalore – 560 048. Vs. Bangalore. Pan: Aabct0087C Appellant Respondent Assessee By : Shri Rajan Vora, Ca : Shri Sumer Singh Meena, Cit Revenue By Dr (Osd) Date Of Hearing : 05-01-2022 Date Of Pronouncement : 30-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against The Final Assessment Order Dated 26.10.2018 Passed By The Ld.Acit, Circle – 7(1)(1), Bangalore For Assessment Year 2014-15 On Following Grounds Of Appeal. “Based On The Facts & Circumstances Of The Case & In Law, Tyco Fire & Security India Private Limited (Hereinafter Referred To As "The Appellant"), Respectfully Craves Leave To Prefer An Appeal Against The Appeal Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The "Learned Ao") Dated October 26, 2018 Under Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 ("The Act") Pursuant To The Directions Dated September 20, 2018 Issued By The Dispute Resolution Panel (Hereinafter Referred To As The "Drp") U/S 144C (5) Of The Act (`The Impugned Order') Inter-Alia On The Following Grounds: That On The Facts & Circumstances Of The Case & In Law:

read with the Rules, and conducting a fresh economic analysis for the determination of the ALP in connection with the impugned international transaction and holding that the Appellant's international transactions are not at arm's length. 5. The learned AO / TPO / DRP erred in law and in facts ... erroneously computing adjustment on total operating cost base of the Appellant under P&T segment and not limiting the adjustment to the value of international transactions of the Appellant under P&T segment. It may be noted that submission of the above ground is in no way to be considered

Hp India Sales Private Limited (Formerly Known As Hewlett - Packard India Sales Private Limited), Bangalore vs. Joint Commissioner of Income Tax, Ltu, Bangalore

In the result, the appeal of the assessee is allowed

Bench: Shri George George K & Ms. Padmavathy Sassessment Year : 2011-12

return was selected for scrutiny u/s 143(2) of the Income-tax Act (the Act). Since the assessee had international transactions exceeding the prescribed limits, the case was referred to TPO who made adjustment of Rs.595,97,63,824/-. The AO, besides the TP adjustment, made several additions

Tata Power Solar Systems Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee stands allowed on the legal issue

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 548/Bang/2016 Assessment Year : 2011-12 M/S. Tata Power Solar The Deputy Systems Ltd., Commissioner Of 78, Electronic City, Income Tax, Hosur Road, Circle – 7(1)(1), Bangalore – 560 100. Bangalore. Vs. Pan: Aaact4660J Appellant Respondent & It(Tp)A No. 699/Bang/2016 Assessment Year : 2011-12 (By Assessee) Assessee By : Shri Kanchun Kaushal, Ca : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 14-02-2022 Date Of Pronouncement : 30-03-2022 Order Per Beena Pillaipresent Cross Appeals By Assessee & Revenue Arises Out Of Final Assessment Order Dated 28.01.2016 Passed By The Ld.Dcit, Circle -7 (1)(1), Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal: It(Tp)A No. 548/Bang/2016 (Revenue’S Appeal): “1. The Directions Of The Dispute Resolution Panel Are Opposed To Law & Facts Of The Case.

Appellant. [corresponding to Ground 2] 3. That on the facts and circumstances of the case, the learned AO/learned Panel erred in rejecting the internal Transactional Net Margin Method ("TNMM") analysis conducted by the Appellant and also proposing a different set of comparable companies for re-computing the arm's length ... That the learned Panel 'has erred in upholding the learned TPO's approach of upholding the arm's length value of the international transaction related to reimbursement of expenses as NIL; [corresponding to Ground 4 (b)] 10. That the learned AO/ learned Panel erred in bringing to tax the interest

M/S Denso Kirloskar Industries Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

Bench: Shri George George K & Ms. Padmavathy S

scrutiny under CASS and accordingly notice u/s 143(3) was issued. During the previous year relevant to the asst. year 2011- 12 several international transactions took place between the assessee and its AEs. On a reference being made by the AO to the TPO, the TPO passed an order dated ... losses in the CHE production line; IT(TP)A No.649/Bang/2016 Page 4 of 27 • In attributing the losses of CHE production line to international transaction of purchase of raw material which are subjected to transfer pricing adjustment ignoring the fact that major portion of purchase of raw materials are related

DCIT, Bangalore vs. M/S Tata Power Solar Systems Ltd., Bangalore

In the result, the appeal filed by the assessee stands allowed on the legal issue

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 548/Bang/2016 Assessment Year : 2011-12 M/S. Tata Power Solar The Deputy Systems Ltd., Commissioner Of 78, Electronic City, Income Tax, Hosur Road, Circle – 7(1)(1), Bangalore – 560 100. Bangalore. Vs. Pan: Aaact4660J Appellant Respondent & It(Tp)A No. 699/Bang/2016 Assessment Year : 2011-12 (By Assessee) Assessee By : Shri Kanchun Kaushal, Ca : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 14-02-2022 Date Of Pronouncement : 30-03-2022 Order Per Beena Pillaipresent Cross Appeals By Assessee & Revenue Arises Out Of Final Assessment Order Dated 28.01.2016 Passed By The Ld.Dcit, Circle -7 (1)(1), Bangalore For Assessment Year 2011-12 On Following Grounds Of Appeal: It(Tp)A No. 548/Bang/2016 (Revenue’S Appeal): “1. The Directions Of The Dispute Resolution Panel Are Opposed To Law & Facts Of The Case.

Appellant. [corresponding to Ground 2] 3. That on the facts and circumstances of the case, the learned AO/learned Panel erred in rejecting the internal Transactional Net Margin Method ("TNMM") analysis conducted by the Appellant and also proposing a different set of comparable companies for re-computing the arm's length ... That the learned Panel 'has erred in upholding the learned TPO's approach of upholding the arm's length value of the international transaction related to reimbursement of expenses as NIL; [corresponding to Ground 4 (b)] 10. That the learned AO/ learned Panel erred in bringing to tax the interest

M/S Continental Automotive Components India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-2(1)(1), Bangalore

In the result, the appeal is partly allowed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year :2014-15 M/S. Continental Automotive Vs. Dcit, Components India Pvt. Ltd., Circle – 2(1)(1), Plot No.53B, Bommasandra Industrial Bengaluru. Area, Hosur Road, Attibele Hobli, Anekal Taluk, Bengaluru–560 099. Pan : Aakcs 9578 C Appellant Respondent Assessee By : Shri. T. Suryanarayana, Senior Advocate Revenue By : Shri. Mudavathu Harish Chandra Naik, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.03.2022 Date Of Pronouncement : 29.03.2022 O R D E R

Associated Enterprises (“AEs”) with regard to development of software. 7. During the previous year relevant to the assessment year 2014-15, several international transactions took place between the Assessee and its AEs, including purchase of raw materials for the manufacturing segment, purchase and trading in finished goods ... follows: - Continental Automotive Components India Pvt.Ltd. Page 4 of 97 • Section 92(l) of the Act provides that any income arising from an "international transaction" shall be computed having regard to the arms length price. The Explanation to the said section provides that allowance for any expense or interest arising

Givaundan(India) Pvt. Ltd., Bangalore vs. ACIT, Ltu Cr 1, Bangalore

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

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 229/Bang/2015 Assessment Year : 2010-11 M/S. Givaudan (India) The Assistant Pvt. Ltd., Commissioner Of Plot No. 26, 2Nd Cross, Income Tax, Jigani Industrial Area, Ltu, Bangalore – 562 106. Circle – 1, Vs. Pan: Aaacv7454J Bangalore. Appellant Respondent Assessee By : Shri Sumeet Khurana, Ca : Shri Sumer Singh Meena, Cit- Revenue By I Date Of Hearing : 11-01-2022 Date Of Pronouncement : 29-03-2022 Order Per Beena Pillaiit Is Submitted That The Main Appeal Was Heard By This Tribunal & Order Was Passed On 02/08/2019. However Grounds 6 & 7 Were Not Adjudicated Independently For Assessment Year 2010- 11. The Assessee Preferred Mp No.15/Bang/2020 Requesting For Adjudication Of These Grounds. 2. Accordingly The Present Appeal Is Fixed For Hearing For Adjudication Of Following Grounds: “6. That The Learned Ao & The Learned Panel Erred Both In Facts & Law In Confirming The Action Of The Learned Tpo Of Making An Adjustment To The Transfer Price Of The Appellant In Respect Of The Payment Of Royalty By Rs.27,67,42,242, Holding That The International Transaction

adjustment to the transfer price of the Appellant in respect of the payment of royalty by Rs.27,67,42,242, holding that the international transaction Page 2 of 8 IT(TP)A No. 229/Bang/2015 does not satisfy the arm's length principle envisaged under the Act and in doing ... most appropriate method despite acknowledging and accepting the selection of TNMM by the Appellant in demonstrating the arm's length nature of its international transactions in the TP documentation. 6.2. Upholding the conclusion of the learned TPO that no commercial or economic benefits have been received by the Appellant

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

In the result, appeal of the assessee is partly allowed

Page 2 of 18 terms of Sec.92B(1) of the Act, the transaction of providing SWD Services to Capco Group companies was an “international transaction” i.e., a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease ... provided to any one or more of such enterprises. In terms of Sec.92(1) of the Act, the any income arising from an international transaction shall be computed having regard to the arm’s length price. In this appeal by the assessee, the dispute is with regard to determination