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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

Dhr Holding India Pvt. Ltd., New Delhi vs. Addl.CIT, Special Range-3, New Delhi

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

ITA 1614/DEL/2018[2013-14]Status: DisposedITAT Delhi21 Jan 2022AY 2013-14

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Ajit Jain, CAFor Respondent: Shri Surender Pal, CIT DR
Section 143(3)Section 271Section 92BSection 92C

facts and in law, the Hon'ble DRP/ Ld. AO and Ld. TPO erred in making an adjustment to the international transaction of purchase of medical equipment by: 2.1 Arriving at 'Nil' value of the imported goods not appreciating that the medical equipment could not have been imported ... erred in not appreciating that the outstanding receivables are a result/ consequence of the Appellant's international transactions with its AE and are not a separate international transaction per se; therefore, do not warrant determination of a separate ALP under section 92C of the Act owing to the following

Cisco Systems Services B.V, Bangalore vs. Deputy Commissioner of Income Tax International Taxation Circle-1(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 961/BANG/2017[2012-13]Status: DisposedITAT Bangalore19 Jan 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 961/Bang/2017 Assessment Year : 2012-13 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, International Taxation, Mahatma Gandhi Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca : Dr. Manjunath Karkaihalli, Revenue By Cit Dr Date Of Hearing : 19-01-2022 Date Of Pronouncement : 19-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 27.02.2017 Passed U/S. 143(3) R.W.S. 144C(14) Of The Income- Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. - India Branch (Hereinafter Referred To As The 'Appellant.) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Deputy Commissioner Of Income-Tax (International Taxation) - Circle 1(1) ('Assessing Officer' Or 'Ao') Dated February 27, 2017 In Pursuance Of The Directions & The Revised Directions Issued By The Dispute Resolution Panel ('Drp'), Bangalore Dated December 29, 2016 & January 16. 2017 Respectively, Under Section 253 Of The Income-Tax Act, 1961 ('Act) On The Following Grounds:

For Appellant: Shri Rajan Vora, CA
Section 143(3)Section 253Section 92C

provisions of the Act read with the Rules, 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 transaction is not at arm's length. 14. The learned TPO/ learned AO have erred ... mandatory for Ld.AO to follow the procedures laid down under section 144C of the Act in an assessment that involves assessment of international transaction. Hon'ble Madras High Court in case of Vijay Television (supra) observed as under: "Admittedly, the case of the petitioner company was taken up for scrutiny

Xchanging Solutions Limited, Bangalore vs. ITO, Bangalore

In the result, the appeals of the assessee are partly allowed and that of the revenue are dismissed

ITA 556/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

other grounds, the learned AO and the learned TPO have erred, in law and in facts, by considering corporate guarantee transaction as an international transaction subject to transfer pricing. Ground No. 17: Without prejudice to our contention that the provision for onerous lease is an ascertained liability, the provision reversed ... total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic

ITO, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

In the result, the appeals of the assessee are partly allowed and that of the revenue are dismissed

ITA 402/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

other grounds, the learned AO and the learned TPO have erred, in law and in facts, by considering corporate guarantee transaction as an international transaction subject to transfer pricing. Ground No. 17: Without prejudice to our contention that the provision for onerous lease is an ascertained liability, the provision reversed ... total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic

Xchanging Solutions Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals of the assessee are partly allowed and that of the revenue are dismissed

ITA 492/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Jan 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

other grounds, the learned AO and the learned TPO have erred, in law and in facts, by considering corporate guarantee transaction as an international transaction subject to transfer pricing. Ground No. 17: Without prejudice to our contention that the provision for onerous lease is an ascertained liability, the provision reversed ... total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic

DCIT, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

In the result, the appeals of the assessee are partly allowed and that of the revenue are dismissed

ITA 459/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Jan 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Vikram Raghavan, AdvocateFor Respondent: Shri Arunkumar, CIT(DR)(TP)(ITAT), Bengaluru
Section 10ASection 10A(4)Section 143(3)Section 155

other grounds, the learned AO and the learned TPO have erred, in law and in facts, by considering corporate guarantee transaction as an international transaction subject to transfer pricing. Ground No. 17: Without prejudice to our contention that the provision for onerous lease is an ascertained liability, the provision reversed ... total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have erred, in law and in facts, by not accepting the economic

Olympus Medical Systems India Pvt. Ltd., Gurugram vs. ACIT, Circle- 3(1), Gurugram

In the result, appeal of the assessee in ITA No

ITA 873/DEL/2021[2016-17]Status: HeardITAT Delhi13 Jan 2022AY 2016-17

Bench: Shri Saktijit Dey & Shri N.K. Billaiya

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Mahesh Shah, CIT-DR
Section 143(3)Section 144B

case and in law, Ld. AO / TPO/ DRP erred in holding that sales promotion expenditure incurred by the Appellant in India is an 'international transaction' as per the provisions of the Act without demonstrating the existence of any understanding or an agreement between the Appellant and its AEs which requires ... Appellant to spend excessively towards brand promotion. a. The assumption of existence of an ‘international transaction’ without having any valid agreement. b. Ld. AO/TPO/DRP has erred in making a factually incorrect assumption that the top- level plan reviews of AMP expenses are determined and controlled

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

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

ITA 227/BANG/2021[2016-17]Status: DisposedITAT Bangalore12 Jan 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Ketan K. Ved, CAFor Respondent: Shri Sunil Kumar Singh, CIT(DR)(ITAT), Bengaluru
Section 143(3)

facts, in making an upward adjustment of INR 3,73,66,167 to the total income of the Appellant in relation to the international transactions of provision of software development services ("IT Services"), and provision of Support services in relation to configuration of clinical trial study ("ITeS") by the Appellant ... service segment 3.1 The Ld. AO and Ld. TPO erred in law and on facts, in rejecting the scientific benchmarking analysis in relation to international transaction of IT services undertaken by the Appellant in accordance with the provisions of the Act read with the Income-tax Rules, 1962 ("the Rules

M/S. Cisco Systems Services B.V. India Branch, Bengaluru vs. Deputy Commissioner of Income Tax, International Taxation, Circle- 1(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 2572/BANG/2019[2011-12]Status: DisposedITAT Bangalore12 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 2572/Bang/2019 Assessment Year : 2011-12 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, Mahatma Gandhi International Taxation, Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca Revenue By : Shri Pradeep Kumar, Cit (Dr) Date Of Hearing : 04-01-2022 Date Of Pronouncement : 12-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 31.12.2015 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. —India Branch (Hereinafter Referred To As 'The Appellant'), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Learned Ao') Dated October 15, 2019 Under Section 147 Read With Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (`The Act') Pursuant To The Directions Dated September 23, 2019 Issued By The Drp U/S 144C(5) Of The Act ('The Impugned Order') Inter-Alia On The Following Grounds:

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 147Section 156Section 234BSection 271(1)(c)Section 92C(2)

mandatory for Ld.AO to follow the procedures laid down under section 144C of the Act in an assessment that involves assessment of international transaction. Hon'ble Madras High Court in case of Vijay Television (supra) observed as under: "Admittedly, the case of the petitioner company was taken up for scrutiny ... second respondent relating to the assessment years 2009-2010 inasmuch as the petitioner company had entered into international transactions during such assessment year. Ultimately, the case was referred to the TPO for determination of the ALP of all such international transactions reported in Form 3CEB filed by the petitioner company

M/S Arctern Consulting Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(2), Bangalore

ITA 352/BANG/2019[2009-10]Status: HeardITAT Bangalore11 Jan 2022AY 2009-10
Section 143(3)Section 144CSection 92(1)

like operational accounting process and recruitment process for its AE. In terms of Sec.92(1) of the Act, the Any income arising from an international transaction (transaction with an Associated Enterprise) shall be computed having regard to the arm’s length price. In this appeal by the Assessee, the dispute ... with regard to determination of Arms’ Length Price (ALP) in respect of the aforesaid international transaction of rendering SWD services and ITeS to the AE. 3. The Assessee filed a Transfer Pricing Study (TP Study) to justify the price paid in the international Transaction as at ALP by adopting

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

In the result, the appeal is partly allowed

ITA 3188/BANG/2018[2005-06]Status: DisposedITAT Bangalore11 Jan 2022AY 2005-06

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2005-06 M/S. Infor (Bangalore) Private Limited, Vs. Dcit, (Previously Softbrands India Private Ltd. & Circle – 3(1)(1), Now Merged With Infor India Private Ltd.,), Bengaluru. 302, 3Rd Floor, Prestige Sigma, #3, Vittal Mallya Road, Bengaluru – 560 001. Pan : Aafcs 9041 K Appellant Respondent Assessee By : Shri. Srinivas K P, Ca Revenue By : Shri. Priyadarshi Mishra, Addl. Cit(Dr)(Itat), Bengaluru Date Of Hearing : 11.01.2022 Date Of Pronouncement : 11.01.2022 O R D E R

For Appellant: Shri. Srinivas K P, CAFor Respondent: Shri. Priyadarshi Mishra, Addl. CIT(DR)(ITAT), Bengaluru
Section 92(1)Section 92C

Assessee in engaged in the business of provision of Software Development Services (SWD services), to its Associated Enterprise (AE) and therefore was an international transaction as defined in the Act. In terms of Sec.92(1) of the Act, the Any income arising from an international transaction (transaction with an Associated ... Assessee, the dispute is with regard Page 2 of 9 to determination of Arms’ Length Price (ALP) in respect of the aforesaid international transaction of rendering SWD services to the AE. 3. As far as the provision of Software Development services are concerned, the Assessee filed a Transfer Pricing Study

Aggressive Digital Systems Private Limited, Haryana vs. ITO, Ward-1(1), Gurgaon

In the result, the appeal of the assessee is allowed

ITA 874/DEL/2021[2016-17]Status: DisposedITAT Delhi10 Jan 2022AY 2016-17

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 874/Del/2021 : Asstt. Year : 2016-17 Aggressive Digital Systems Pvt. Ltd., Vs Income Tax Officer, Plot No. 596-597, Sector-8, Imt Ward-1(1), Manesar, Gurgaon, Haryana-122050 Gurgaon (Appellant) (Respondent) Pan No. Aanca7751J Assessee By : Mr. Siddhartha Sinha, Adv. Revenue By : Sh. Anand Kumar Kedia, Cit Dr Date Of Hearing: 06.01.2022 Date Of Pronouncement: 10.01.2022

For Appellant: Mr. Siddhartha Sinha, AdvFor Respondent: Sh. Anand Kumar Kedia, CIT DR
Section 143(3)Section 271(1)(c)

revenue neutral transaction as both transacting parties were taxable at maximum marginal rate and no entity was claiming any tax holiday exemptions. D. International Transactions 12. That on the facts and in law, the Ld. TPO/AO ought to have provided the benefit of proportionate adjustment to the Appellant. 13. That ... assessee is engaged in the business of manufacturing and assembling of setup boxes. During the year in consideration, the assessee has entered into an international transaction with its AE for purchase of raw material. 4. The assessee has mainly argued with regard to three comparables. 5. BCH Electric

DCIT, Circle- 12(2), New Delhi vs. In Trading Pvt. Ltd., New Delhi

In the result, the appeal of the revenue is dismissed

ITA 3712/DEL/2018[2011-12]Status: DisposedITAT Delhi10 Jan 2022AY 2011-12

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 3712/Del/2018 : Asstt. Year : 2011-12 Dcit, Vs In Trading Pvt. Ltd., Circle-12(2), D-15, Geetanjali Enclave, New Delhi New Delhi-110017 (Appellant) (Respondent) Pan No. Aabci0777J Assessee By : None Revenue By : Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 06.01.2022 Date Of Pronouncement: 10.01.2022

For Appellant: NoneFor Respondent: Sh. Mrinal Kumar Das, Sr. DR

judgment in the case of Birla Soft India Ltd. in ITA No. 284/Del/2013 as directed the TPO/AO to determine the ALP of the international transactions with the AE by making internal comparison of the net margins earned by the appellant from international transaction with AE and margin earned ... from international transactions with unrelated parties. The AO/TPO was further directed to calculate the costs of the segments on the basis of the certificate of the CA which has not been objected by the TPO on the remand report. 3 In Trading Pvt. Ltd. 5. Since, we find no error

Actia (India) Pvt. Ltd., New Delhi vs. Pr.CIT- 1, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 7552/DEL/2017[2012-13]Status: DisposedITAT Delhi10 Jan 2022AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 7552/Del/2017 : Asstt. Year : 2012-13 Actia (India) Pvt. Ltd., Vs Pr. Cit-1, 1, Dakshineshwar, 10, Hailey Road, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aadca6944R Assessee By : None Revenue By : Sh. Mrinal Kumar Das, Sr. Dr Date Of Hearing: 05.01.2022 Date Of Pronouncement: 10.01.2022

For Appellant: NoneFor Respondent: Sh. Mrinal Kumar Das, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 234ASection 263Section 92CSection 92C(3)Section 92C(4)

assessee is engaged in the business of assembling and trading of automotive electronic parts. During the year under consideration, the assessee entered into international transaction of Rs. 6.53 crores. The details of said transactions were mentioned in Form No. 3CEB filed by the assessee. Therefore, in accordance with the provisions ... order u/s 92CA(3) dated 29.01,2016 wherein he has not drawn any adverse inference in respect of arm's length price of the international transaction for the F.Y 2011-12 pertaining to AY 2012-13. Hence, in view of the above remarks, no cumulative adjustment is being made

Serco India Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

In the result, the appeal of the assessee is allowed

ITA 1460/DEL/2014[2009-10]Status: DisposedITAT Delhi10 Jan 2022AY 2009-10

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 1460/Del/2014 : Asstt. Year : 2009-10 Serco India Pvt. Ltd., Vs Dcit, 6Th Floor, Tower-B, Building No. 8, Circle-2, Dlf Cyber City, Phase-Ii, Gurgaon Gurgaon (Appellant) (Respondent) Pan No. Aajcs6704P Assessee By : Sh. Suraj Bhan Nain, Ca Revenue By : Sh. M. Baranwal, Sr. Dr Date Of Hearing: 04.01.2022 Date Of Pronouncement: 10.01.2022

For Appellant: Sh. Suraj Bhan Nain, CAFor Respondent: Sh. M. Baranwal, Sr. DR
Section 10ASection 143(3)Section 144C(13)Section 234BSection 271(1)(c)Section 92C

income of Rs.2,76,12,264/-, which was revised on 31.03.2011 declaring income of Rs.2,04,76,953/-. The assessee company has entered international transactions with its associated enterprises during the year. The Assessing Officer made a reference to the Transfer Pricing Officer (TPO) to determine the arm’s length ... facts and circumstances of the case and in law, the AO erred in determining the arm’s length price (“ALP”) of the Appellant’s international transactions at Rs.204,901,460 as against Rs.18,96,85,540 determined by the Appellant and recommending an addition

ACIT, Circle - 16 (1), Mumbai vs. Bbc Worldwide Media Pvt. Ltd., Mumbai

In the result, both the appeals filed by the revenue are dismissed

ITA 158/MUM/2019[2013-14]Status: DisposedITAT Mumbai06 Jan 2022AY 2013-14

Bench: Shri Shamim Yahya & Shri Pavan Kumar Gadale & Dcit -16(1), Vs. M/S. Bbc World Wide Room No. 439, 4Th Media Pvt Ltd., Floor, Aayakar Bhavan, 401, 4Th Floor, Mk Road, Mumbai – Construction House A, 400 020. Off Linking Road, 24Th Road, Khar (West), Mumbai – 400052 Pan/Gir No. : Aadcb2307F Appellant .. Respondent

For Appellant: Shri.C T Mathew. DRFor Respondent: Shri.Siddhesh Chougle. AR
Section 143(1)Section 143(2)Section 143(3)Section 28Section 41(1)Section 92C

appeared from time to time and submitted the clarification and details. The A.O on perusal of the financial statements found that the assessee has international transactions exceeding Rs.15 crores with its Associate Enterprises (AEs) and the case was referred to the Transfer Pricing Officer (TPO) with the prior approval ... business and supporting evidences were filed and the A.O has examined the facts/evidences placed on record. Whereas the T.P.O has determined the ALP of International transactions with its AE and made the upward adjustment of Rs. 60,68,555/- and passed order u/s 92CA(3) of the I.T Act dated

Nomura Services India P. Ltd, Mumbai vs. DCIT 10(3), Mumbai

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

ITA 2303/MUM/2013[2008-09]Status: DisposedITAT Mumbai06 Jan 2022AY 2008-09

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalenomura Services India Vs. Dcit – Circle 10(3) Pvt Ltd., Aayakar Bhavan, 10Th Floor, Nomura, Mk Road, Off High Street, Mumbai – 400020. Hiranandani Business Park, Powai, Mumbai – 400076. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcl0053C Appellant .. Respondent Appellant By : Mr.Faruk Irani & Mr Sumin Mehta.Ar Respondent By : Mrs.Vatsala Jha. Dr Date Of Hearing 23.11.2021 Date Of Pronouncement 10.01.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed U/S 143(3) R.W.S 144C(13) Of The Act In Pursuance To Directions Of The Dispute Resolution Panel (Drp) U/Sec144C(5) Of The Act Dated 07.09.2012. Nomura Services India P Ltd., Mumbai. 2. The Assessee Has Filed The Fallowing Grounds Of Appeal As Under:

For Appellant: Mr.Faruk Irani &For Respondent: Mrs.Vatsala Jha. DR
Section 143(3)

assessee has filed the fallowing grounds of appeal as under: 1. In making an upward adjustment of Rs 53,007,719 to the international transaction for provision of software development services by the Appellant on the following grounds a. Rejecting the functional analysis, search process adopted and documentation maintained ... assessee in the transfer pricing study, which intera/ia are functionally comparable. d.Using non-contemporaneous data for calculating arm's length price (ALP) of the international transaction entered by the Appellant. e.Rejecting the multiple year data and relying only on data for the year ended March 2008 for the comparable companies

Gbt India Private Limited, Delhi vs. National E-Assesment Centre, New Delhi

In the result, the appeal of the assessee is allowed and Stay application is accordingly held to be infructuous

ITA 462/DEL/2021[2016-17]Status: DisposedITAT Delhi06 Jan 2022AY 2016-17

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing)

For Appellant: Shri Himanshu Sinha, Adv. &For Respondent: Shri Surendra Pal
Section 143(3)Section 144C(13)

basis for which the assessee had paid a consideration of Rs.45,48,85,303/-. 8. During the relevant year the assessee had undertook various international transactions as noted in the TP’s order. In so far as international transaction of availing of decision of support services ... second question is concerned, the TPO accepted TNMM applied by the assessee, as the most appropriate method in respect of all the international transactions including payment of royalty. The TPO, however, disputed application of TNMM as the most appropriate method for the payment of technical assistance

Expeditors International of Washinton, Usa, Washington vs. ACIT, Circle-1(2)(2) Int.Tax., New Delhi

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

ITA 180/DEL/2021[2017-18]Status: DisposedITAT Delhi05 Jan 2022AY 2017-18

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 144C(13)Section 234BSection 234CSection 271Section 9Section 9(1)(vii)

case was selected for scrutiny assessment. While framing the assessment, the Assessing Officer observed that during the year under consideration, the assessee had undertaken international transaction with its associated enterprises. Therefore, the international transactions undertaken by the assessee was referred to the Transfer Pricing Officer for determining the Arms Length

Expeditors International of Washington Inc., Usa vs. ACIT (International Taxation), New Delhi

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

ITA 1904/DEL/2017[2012-13]Status: DisposedITAT Delhi05 Jan 2022AY 2012-13

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 144C(13)Section 234BSection 234CSection 271Section 9Section 9(1)(vii)

case was selected for scrutiny assessment. While framing the assessment, the Assessing Officer observed that during the year under consideration, the assessee had undertaken international transaction with its associated enterprises. Therefore, the international transactions undertaken by the assessee was referred to the Transfer Pricing Officer for determining the Arms Length