“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

M/S. Philips India Limited (Successor to Erstwhile Philips Software Centre Pvt. Ltd.), Kolkata vs. D.C.I.T./A.C.I.T.(Transfer Pricing) - 2, Kolkata

In the result, appeal of the assessee in ITA No

ITA 33/KOL/2023[2004-2005]Status: DisposedITAT Kolkata11 Jun 2024AY 2004-2005

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 32 & 33/Kol/2023 Assessment Year: 2004-05 M/S. Philips India Limited Joint Commissioner Of Income-Tax 3Rd Floor, Tower A Vs (Transfer Pricing-Ii), Bangalore [Presently Deputy Dlf Park, 08 Block Af Commissioner/Assistant Major Arterial Road Commissioner Of Income-Tax New Town Transfer Pricing 2, Kolkata Kolkata - 700156 [Pan : Aabcp9487A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, A.R. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 13/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Even Dt. 15/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2004-05. 2. The Sole Issue Raised In Both The Appeals Is Relating To The Maintainability Of The Appeals Before The Ld. Cit(A) Against The Rectification Orders Passed By The Transfer Pricing Officer (In Short “Tpo”) U/S 154 R.W. Sub-Section (5) To Section 92Ca Of The Act. The Ld. Cit(A) Vide Impugned Orders Has Dismissed The Appeals Of The Assessee Holding That As Per The Provisions Of Section 246A Of The Act, Order U/S 92Ca Or Its Rectification Order U/S 154 Of The Act Passed By The Tpo Is 2

For Appellant: Shri Ketan K. Ved, A.RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R

Section 154Section 246ASection 250Section 92C

Year: 2004-05 M/s. Philips India Limited “Reference to Transfer Pricing Officer. 92CA. (1) Where any person, being the assessee, has entered into an international transaction or specified domestic transaction in any previous year, and the Assessing Officer considers it necessary or expedient so to do, he may, with ... previous approval of the Principal Commissioner or Commissioner, refer the computation of the arm's length price in relation to the said international transaction or specified domestic transaction under section 92C to the Transfer Pricing Officer. ………………. (5) With a view to rectifying any mistake apparent from the record, the Transfer

M/S. Philips India Limited (Successor to Erstwhile Philips Software Centre Pvt. Ltd.), Kolkata vs. D.C.I.T./A.C.I.T. (Transfer Pricing) - 2, Kolkata

In the result, appeal of the assessee in ITA No

ITA 32/KOL/2023[2004-2005]Status: DisposedITAT Kolkata11 Jun 2024AY 2004-2005

For Appellant: Shri Ketan K. Ved, A.RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R

Section 154Section 246ASection 250Section 92C

Caterpillar India Private Limited, Chennai vs. DCIT Ltu-1, Chennai

The appeal stands partly allowed in terms of our above order

ITA 2749/CHNY/2017[2013-14]Status: DisposedITAT Chennai11 Jun 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2749/Chny/2017 (िनधा;रणवष; / Assessment Year: 2013-14) M/S. Caterpillar India P. Ltd. Dcit 7Th Floor, International Tech Park, बनाम/ Large Taxpayer Unit-1 Taramani Road, Taramani, Chennai. Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (अपीलाथ"/Appellant) : (" थ" / Respondent) & Cross Objection No.22/Chny/2023 (In Ita No.2749/Chny/2017) (िनधा;रण वष; / Assessment Year: 2013-14) Dcit M/S. Caterpillar India P. Ltd. बनाम/ 7Th Floor, International Tech Park, Central Circle-3(3), Chennai-34. Taramani Road, Taramani, Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (Cross-Objector) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri S.P.Chidambaram (Advocate)- Ld. Ar " थ"कीओरसे/Revenue By : Shri A.Sasikumar (Cit)- Ld. Dr सुनवाई की तारीख/Date Of Hearing : 29-05-2024 घोषणा की तारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.P.Chidambaram (Advocate)- Ld. ARFor Respondent: Shri A.Sasikumar (CIT)- Ld. DR

Section 143(3)Section 144C(5)Section 92C

pursuant to the directions of Ld. Dispute Resolution Panel-2, Bangalore (DRP) u/s 144C(5) dated 23.06.2017. Since the assessee carried out certain international transactions with its Associated Enterprises (AE), the same were referred to Ld. Transfer Pricing Officer DCIT(TPO)-1(1), Chennai (TPO) for determination ... Caterpillar Inc. USA. The assessee is engaged in manufacturing activities as well as rendering services to its Associates Enterprises (AE). The international transactions as carried out by the assessee with its AE have been tabulated in para-3 of Ld. TPO’s order. In its Transfer Pricing (TP) study report

Inmobi Technology Services Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle3(1)(1), Bangalore

In the result appeals filed by assessee for AY

ITA 303/BANG/2022[2017-18]Status: DisposedITAT Bangalore11 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A Nos. 303 & 839/Bang/2022

For Appellant: Shri Chaitanya, Sr. Advocate a/wFor Respondent: Ms. Neera Malhotra, CIT-DR

Section 143(2)Section 143(3)Section 92C

assessee furnished details as requested by the Ld.TPO. Thereafter, on 24.01.2021, the Ld.TPO issued show-cause notice proposing to: a. Recharacterize the international transaction of provision of 'business development, marketing, sales and professional services' as 'software development and R&D' services; b. Modifying the cost-base considered by the assessee ... first provisions that needs to be considered is the provisions u/s. 92CA, wherein the Ld.AO at the time of assessment, notices international transactions between assessee and the associated enterprises subject to the satisfaction u/s. 92B. The mechanism u/s. 92CA triggers when a reference is made by the Ld.AO under 92CA

Bundy India Ltd., Baroda vs. The DCIT, Circle-1(1), Baroda

In the result, the appeal preferred by the assessee is allowed in part

ITA 1764/AHD/2013[2007-08]Status: DisposedITAT Ahmedabad10 Jun 2024AY 2007-08

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

For Appellant: Shri Parin Shah, A.RFor Respondent: Date of Hearing

Section 143(3)Section 92CSection 92C(3)

Rs.3,21,86,520/-. In the course of assessment proceedings, the AO noticed from Form No. 3CEB that the assessee had entered into international transactions with its associated enterprises (AE), in view of which a reference to Transfer Pricing Officer (TPO) was made for determining the Arm’s Length Price ... these international transaction. The international services were in respect of manufacturing segment, management support services and IT enabled support services (ITES). The TPO vide order u/s. 92CA(3) of the Act dated 21.10.2010 proposed a total TP adjustment of Rs.6,29,55,148/- as under: S. No. International Transaction Amout

ACIT 4(1), Mumbai vs. M/S Bofa Securities India Limited (Earlier Known As Dsp Merrill Lynch Ltd ), Mumbai

In the result appeals of the assessee are allowed and appeals of the Revenue are dismissed

ITA 6175/MUM/2010[2003-04]Status: DisposedITAT Mumbai10 Jun 2024AY 2003-04

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S RIFAUR RAHMAN (Accountant Member)

Section 143(3)

trading in shares and is also depository participant. We will take up the appeal for the A.Y.2002-03 first. 7. The aggregate book value of international transaction under consideration for the A.Y. 2002-03 and the ALP has been computed by the assessee is as under:- Description Nature As per books ... Bafa Securities India Ltd (Formerly known as DSP Merill Lynch Ltd.) arm’s length price while computing the arm’s length price of international transaction relating to brokerage for both DVP and clearing house rates. Based on the information he has worked out analysis of client-wise information

M/S Bofa Securities India Limited (Formerly Known As A Dsp Merill Lynch Ltd ), Mumbai vs. ACIT RG 4(1), Mumbai

ITA 5864/MUM/2010[2003-04]Status: DisposedITAT Mumbai10 Jun 2024AY 2003-04

Section 143(3)

trading in shares and is also depository participant. We will take up the appeal for the A.Y.2002-03 first. 7. The aggregate book value of international transaction under consideration for the A.Y. 2002-03 and the ALP has been computed by the assessee is as under:- Description Nature transaction for assessee ... rates charged to non-AE foreign clients may not be considered at arm's length price while computing the arm's length price of international transaction relating to brokerage for both DVP and clearing house rates. Based on the information he has worked out analysis of client-wise information

DCIT 4(1), Mumbai vs. M/S Bofa Securities India Limited (Earlier Known As M/S Dsp Merrill Lynch Limited ), Mumbai

In the result appeals of the assessee are allowed and appeals of the Revenue are dismissed

ITA 5425/MUM/2010[2002-03]Status: DisposedITAT Mumbai10 Jun 2024AY 2002-03

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S RIFAUR RAHMAN (Accountant Member)

Section 143(3)

Bofa Securities India Limited (Formerly Known As Dsp Merill Lynch Ltd, Mumbai vs. ACIT RG 4(1), Mumbai

In the result appeals of the assessee are allowed and appeals of the Revenue are dismissed

ITA 5416/MUM/2010[2002-03]Status: DisposedITAT Mumbai10 Jun 2024AY 2002-03

Section 143(3)

D.Light Energy Private Limited, Gurgoan vs. ACIT, Circle -7(1), New Delhi

In the result, appeal of the assessee is partly allowed

ITA 516/DEL/2022[2017-18]Status: DisposedITAT Delhi10 Jun 2024AY 2017-18

Bench: Shri Vikas Awasthy & Shri Pradip Kumar Kediaआअसं.516/िद"ी/2022 (िन.व. 2017-18) D Light Energy P. Ltd., Unit No. 102, Block B, Pegasus One, First Floor, Golf Course Road, Sector-53, Gurgaon 122001 ...... अपीलाथ"/Appellant Pan: Aabcj9318G बनाम Vs. Assessing Officer, National Faceless Assessment Centre, ..... "ितवादी/Respondent New Delhi अपीलाथ" "ारा/ Appellant By : Shri Hari Om Jindal, Ar "ितवादी"ारा/Respondent By : Shri Rajesh Kumar, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 28/05/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 10/06/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 31.01.2022 Passed U/S 143(3) R.W.S 260 R.W.S 144B Of The Income Tax Act 1961(Hereinafter Referred To As ‘The Act’), For Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Eight Grounds Of Appeal. Ground No. 1 To 4 Are In Respect Of A Single Issue I.E. Adjustment Of Rs. 6,94,53,296/- On Account Of International Transaction Of Purchase Of Solar Goods/Lights & Reimbursement Of Expenses & Warranty Cost Claim.

For Appellant: Shri Hari Om Jindal, ARFor Respondent: Shri Rajesh Kumar, CIT-DR

Section 143(3)

appeal. Ground no. 1 to 4 are in respect of a single issue i.e. adjustment of Rs. 6,94,53,296/- on account of international transaction of purchase of solar goods/lights and reimbursement of expenses and warranty cost claim. 2 2.1. In ground no. 5 of appeal, the assessee ... most appropriate method to benchmark the transaction. During the period relevant to assessment year under appeal, the assessee entered into following international transactions in relation to purchase of solar goods. Nature of transaction Method Applied Amount (in INR) SI.No 1 Purchase of lights and other RPM 1366399221 accessories 2 Reimbursement

Inabensa Bharat Pvt Ltd., New Delhi vs. DCIT, Circle-12(1), New Delhi

In the result, appeal of the assessee is dismissed

ITA 8128/DEL/2018[2014-15]Status: DisposedITAT Delhi10 Jun 2024AY 2014-15

Bench: Shri Vikas Awasthy & Shri Pradip Kumar Kediaआअसं.8128/िद"ी/2018 (िन.व. 2014-15) Inabensa Bharat P. Ltd., A-225, Double Story, Ground Floor, Kalkaji, New Delhi 110019 ...... अपीलाथ"/Appellant Pan: Aabci0386D बनाम Vs. Deputy Commissioner Of Income Tax, Circle 12(1), C.R Building, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Rajesh Kumar, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 03/06/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 10/06/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 26.10.2018 Passed U/S 143(3) R.W.S 144C(6) Of The Income Tax Act 1961 (Hereinafter Referred To As ‘The Act’), For Assessment Year 2014-15. 2. This Appeal Was Filed By The Assessee In December 2018. Initially The Assessee Was Represented By Shri Ved Jain, Advocate. The Assessee Had Filed An Application For Early Hearing Of Appeal. The Same Was Allowed By The Tribunal

For Appellant: NoneFor Respondent: Shri Rajesh Kumar, CIT-DR

Section 143(3)

sectors of energy, industry, transport, service, communication etc. During the period relevant to assessment year under appeal, the assessee entered into various international transactions. To benchmark the Arm’s Length Price (ALP) of the transactions, the assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method

DCIT, C-1(1), Chandigarh vs. M/S Fidelity Information Services India Pvt. Ltd., Chandigarh

In the result, the cross-objection filed by the assessee is dismissed

ITA 1328/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh07 Jun 2024AY 2014-15

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vishal Kalra, Advocate and Ms. Sumisha, C.AFor Respondent: Shri Rohit Sharma, CIT DR

Section 37(1)

entered into by the assessee with CBDT covers the impugned assessment year, being one of the roll back years and covers the international transaction of provision of software development services and reimbursement of expenses as so described therein and TNMM has been determined as per the most appropriate method with ... assessee u/s 92CD and the annual compliance report and has stated clearly that no adverse inference is drawn in respect of the international transaction undertaken by the assessee during the financial year relevant to impugned assessment year. 15. We therefore find that where the assessee given the past litigative history

Siemens Aktiengesellschaft, Mumbai vs. DDIT (It) 2(1), Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 2153/MUM/2014[2009-10]Status: DisposedITAT Mumbai07 Jun 2024AY 2009-10

Bench: SHRI B R BASKARAN (Accountant Member), SHRI AMIT SHUKLA (Judicial Member)

Section 144CSection 144C(5)Section 153Section 9(1)(vi)

India. 58. In Ground Nos. 12-19 assessee has challenged the transfer pricing adjustment made by the ld. AO @10% of the value of international transaction declared by the assessee at Rs.12,49,83,884/-. 59. The brief facts are that during the year under consideration the assessee had received ... differences was as under:- Sr.No. Name of the Amount of Amount of Difference in Associated international international the amount of Enterprises Amount transactions international transactions as reported by transactions (in Form respective the assessee Rs.) AEs with the (in Rs.) Assessee (in Rs.) 1 Siemens Limited

Daeseung Autoparts India Private Limited, Kancheepuram vs. ACIT (OSD), Chennai

The appeal stand partly allowed in terms of our above order

ITA 752/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 Jun 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.752/Chny/2017 (िनधा;रणवष; / Assessment Year: 2012-13) M/S. Daeseung Autoparts India Pvt. Ltd. Acit (Osd) Plot No,474, Mannur Village, Corporate Range-1, बनाम/ Vs. Valarpuram Post, Sriperumpudhur Taluk Chennai. Kanchipuram- 602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccd-5629-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Vikram Vijayaraghavan (Advocate)- Ld. Ar " थ"कीओरसे/Respondent By : Shri G. Suresh (Jcit)- Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 28-05-2024 घोषणा की तारीख /Date Of Pronouncement : 04-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Vikram Vijayaraghavan (Advocate)- Ld. ARFor Respondent: Shri G. Suresh (JCIT)- Ld. Sr. DR

Section 143(3)Section 144C(5)Section 154Section 92C

92CA pursuant to the directions of Ld. Dispute Resolution Panel-2, Bengaluru (DRP) u/s 144C(5) dated 02.12.2016. Since the assessee carried out certain international transactions with its Associated Enterprises (AE), the same were referred to Ld. Transfer Pricing Officer (TPO) DCIT(TPO)-1(2), Chennai for determination ... erred, in law and in facts by making an adjustment of INR 18,68,09,336 to the arm's length price of the international transactions undertaken by the Appellant. Economic analysis 3. The Learned TPO/AO and the DRP erred, in law and in facts by rejecting the detailed transfer

Embassy One Developers Private Limited, Bangalore, India vs. The Deputy Commissioner of Income Tax, Circle 2(1)(1), Bangalore, India

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

ITA 312/BANG/2024[AY 2009-10]Status: DisposedITAT Bangalore04 Jun 2024

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Tanmayee Rajkumar, A.RFor Respondent: Sri D.K. Mishra, D.R

Section 143(3)Section 92C(3)

invalid and hence is liable to be quashed. 3. TRANSFER PRICING GROUNDS 3.1The lower authorities erred in determining the ALP of the international transaction of payment of interest on Compulsory Convertible Debentures ("CCDs") at 12.5%, and a TP adjustment of INR 4.38 crores on the basis of the said ... upon a reference to the TPO, the TPO passed an order dated 29.01.2013, recharacterizing the CCDs as equity and determined the ALP of the international transaction at ‘NIL’ and proceeded to make a TP adjustment of Rs. 21,26,25,004/-. The matter was carried in appeal by the Assessee

Mckinsey Knowledge Centre India Pvt. Ltd., Haryana vs. DCIT Circle 16(1), Delhi

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

ITA 475/DEL/2022[2017-18]Status: DisposedITAT Delhi04 Jun 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Sudhir Kumarmckinsey Knowledge Centre India Pvt. Ltd., Vs. Dcit, Circle 16 (1), 3Rd Floor, Block Iii, Delhi. Vatika Business Park, Sector 49, Sohna Road, Gurgaon – 122 018 (Haryana). (Pan : Aaccm2356G) (Appellant) (Respondent) Assessee By : Shri Porus Kaka, Sr. Advocate Shri Divesh Chawla, Advocate Revenue By : Shri Rajesh Kumar, Cit Dr Date Of Hearing : 24.04.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Assessing Officer Dated 21.01.2022 Pursuant To The Directions Issued By The Drp For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :-

For Appellant: Shri Porus Kaka, Sr. AdvocateFor Respondent: Shri Rajesh Kumar, CIT DR

total income of the Appellant in respect of provision of Research and Information ('R&I'), IT support and back office support services (,international transactions') and notional interest on inter- company receivables arising from the impugned international transactions. 3. On the facts and in the circumstances of the case, the learned ... determination of the Appellant's operating margin and consequently, erred in computing the amount of adjustment to be made in respect of the impugned international transactions. 5. On the facts and in the circumstances of the case, the learned AO / TPO / Hon'ble DRP have erred in computing the operating

ACIT, Circle- 14(2), New Delhi vs. Knowledge Infrastructure Systems Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 6950/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jun 2024AY 2014-15

Bench: Sh. Shamim Yahya & Sh. Sudhir Kumaracit Vs. Knowledge Infrastructure Circle – 14(2) Systems Pvt. Ltd. New Delhi G-02, Salcon Aurum Complex, 4, Commercial Centre, Jasola, New Delhi-110 025 Pan No.Aacck4380L (Appellant) (Respondent) Revenue By Shri Amit Kumar Jain, Sr. Dr Assessee By Shri R. S. Singhvi & Shri Satyajeet Goel, C.A. Date Of Hearing: 25.04.2024 Date Of Pronouncement: 04.06.2024 Order Per Sudhir Kumar:

Section 143(1)Section 143(2)Section 143(3)Section 92C

Pricing Officer (hereinafter referred to as ‘the TPO’) for determination of ‘Arm's Length Price’ u/s 92CA(3) of the Act in respect of 'International Transaction' entered into by the assessee with its Associated Enterprises (‘AEs’) during the F.Y. 2013-14. The TPO vide its order dated 17.10.2017 has determined

M/S Kantar Gdc India Pvt. Ltd. (Formerly Tns India Pvt Ltd), Hyderabad vs. Dy. Commissioner of Income Tax, Circle-2(2), Hyderabad

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

ITA 2261/HYD/2017[2013-14]Status: HeardITAT Hyderabad03 Jun 2024AY 2013-14

Bench: Shri Mahavir Singh & Shri Manjunatha, G.आ.अपी.सं /Ita No.2261/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2013-14) M/S. Kantar Gdc India (P) Vs. Dy. C. I. T. Ltd (Formerly Tns India (P) Circle 2(2) Ltd, Hyderabad Hyderabad Pan:Aabcn2278F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Harpreet Singh Ajmani राज" व "ारा/Revenue By:: Shri Shiva Sewak, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 15/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order

For Appellant: Advocate Harpreet Singh AjmaniFor Respondent: : Shri Shiva Sewak, CIT(DR)

Section 143(3)Section 144C(5)Section 271(1)(c)

case was selected for scrutiny and during the course of assessment proceedings, the Assessing Officer noticed that the assessee had entered into international transaction with its AEs and thus to determine the Arm’s Length Price (ALP) of international transactions of the assessee with its AEs a reference was made ... During the course of assessment proceedings, the TPO noticed that the assessee has entered into various international transactions including provisions for market research services, global/regional management allocation overhead fee, payment of trade mark license fee and provisions of I.T. enabled services & reimbursement to AEs. The assessee has benchmarked different services

Worley India Private Limited, Mumbai vs. Principal Commission of Income Tax 2, Mumbai

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

ITA 554/MUM/2024[2018-19]Status: DisposedITAT Mumbai03 Jun 2024AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawal

Section 143Section 143(3)Section 14ASection 263Section 37(1)Section 80G

return of income for the A.Y 2018-19 on 30.10.2019 disclosing a total income of Rs. 146,58,08,180/- covering the adjustment of international transactions with its AEs as per APA signed with CBDT against the taxable income declared at Rs. 129,92,74,400/-. Whereas

Satyam Venture Engineering Services Private Limited, Secunderabad vs. Assistant Commissioner of Income Tax, Central Circle -3(2), Hyderabad

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

ITA 192/HYD/2021[2016-17]Status: DisposedITAT Hyderabad31 May 2024AY 2016-17

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं / Ita-Tp No. 192/Hyd/2021 (धििाारण वर्ा / Assessment Year: 2016-17) Satyam Venture Assistant Commissioner Engineering Services Vs. Of Income Tax, Private Limited, Central Circle-3(2), Secunderabad Hyderabad [Pan No. Aafcs3287D] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri E.V. Sri Krishna, ARFor Respondent: Ms. L. Sunitha Rao, CIT-DR

Section 143(3)Section 40

appeal. ITA-TP No. 192/Hyd/2021 2. Three issues need adjudication in this appeal. One is determination of the most appropriate method to benchmark the international transaction in respect of IT enabled Services (ITeS), second one is related to the Transfer Pricing (TP) adjustment in respect of the interest on trade ... assessee provided engineering services such as product design, to design and computer aided engineering simulation services to automotive industry across the Globe. Assessee reported international transaction in respect of ITeS stating that the assessee has been providing such services to both Associated Enterprises (AEs) and also non-Associated Enterprises