“most appropriate method”

DCIT-5(2)(1), Aayakar Bhavan vs. Interjewel Pvt Ltd, Opera House

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Kavitha Rajagopal & Shri Prabhash Shankardeputy Commissioner Of V/S. Interjewel Private Limited, 1508, Prasad Income Tax, Ward – 5(2)(1), बनाम Chambers, Opera House, Room No. 571, 5Th Floor, Mumbai, –400004, Aayakar Bhavan, Churchgate, Maharashtra Mumbai–400020, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccd5877B .. Appellant/अपीलार्थी Respondent/प्रतिवादी

respect international transactions without appreciating that there is no exception to the requirement to maintain documents and carrying out analysis by the most appropriate method to show that the international transactions entered into are at arm’s length and that several methods have been prescribed for this purpose. 4. Whether

Goldman Sachs (India) Securities Private Limited, Mumbai vs. Assessment Unit, Income-Tax Department, Delhi

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

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhail

mark-up of 22%. The assessee benchmarked the said transaction by adopting the Transactional Net Margin Method (“TNMM”) as the most appropriate method with the Profit Level Indicator (“PLI”) of operating profits to operating costs (“OP/OC”). By considering itself as the tested party, the assessee identified six companies as comparable ... from the provision of ITeS to its associated enterprises. The assessee benchmarked the transaction by adopting TNMM as the most appropriate method with PLI of OP/OC. By considering itself as a tested party, the assessee identified eleven companies as comparable with a 35th to 65th percentile range between

Firmenich Aromatics Production (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 1(3)(1), Mumbai

Bench: Smt. Beena Pillai & Shri Girish Agrawal

erred in disregarding the aggregation approach adopted by the Appellant thereby, rejecting the application of Transactional Net Margin method ('TNMM') as the Most Appropriate Method ('MAM') to benchmark the impugned international transaction. The Ld. AO/DRP have further erred in upholding the action of the Ld. ΤΡΟ. 1.3 That ... that the royalty is inextricably linked to the Appellant's manufacturing business operations and therefore, should have been benchmarked using TNMM as the most appropriate method and instead applying CUP method to benchmark the impugned international transaction. 2.3 Without prejudice to the above, the Ld. TPO erred in applying

Firmenich Aromatics Production (India) Private Limited, Mumbai vs. Assessing Officer, New Delhi

Bench: Smt. Beena Pillai & Shri Girish Agrawal

erred in disregarding the aggregation approach adopted by the Appellant thereby, rejecting the application of Transactional Net Margin method ('TNMM') as the Most Appropriate Method ('MAM') to benchmark the impugned international transaction. The Ld. AO/DRP have further erred in upholding the action of the Ld. ΤΡΟ. 1.3 That ... that the royalty is inextricably linked to the Appellant's manufacturing business operations and therefore, should have been benchmarked using TNMM as the most appropriate method and instead applying CUP method to benchmark the impugned international transaction. 2.3 Without prejudice to the above, the Ld. TPO erred in applying

Dow Chemical International, Mumbai vs. Addl /Joint/Dy. /Asstt Comm of Income Tax /ITO, Mumbai

The appeal is dismissed as withdrawn

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhri, Accou Ntant Member आयकर अपील सुं./Ita No. 1940/Mum/2021 (नििाारण वर्ा / Assessment Year: 2016-17) Dow Chemical V/S. The Dcit/Acit, Ward International Private बिाम 14(1)(2), Mumbai Limited The Godrej It Park, P2, 1St Additional/Joint/Deputy Floor, Block B, 02 Lbs /Assistant Commissioner Of Road, Godrej Business Income Tax/Income District Phirojshanagar, Tax Officer, National Vikhroli (W), Mumbai E-Assessment Centre, Delhi 400079 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacd4467B Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Hitesh Thakkar राजस्व की ओर से /Revenue By: Shri Bhagirath Ramawat Sr Dr

same. Inappropriate application of Comparable Uncontrolled Price ('CUP") method to benchmark the international transaction 6. Erred in considering CUP method as the most appropriate method for determination of arm's length price without appreciating that there are differences that exist on account of function, assets and risk ('FAR') between finished

Nielsen (India) P.Ltd, Mumbai vs. DCIT RG 6(1), Mumbai

The appeal is dismissed as withdrawn

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3581/Mum/2015 (नििाारण वर्ा / Assessment Year: 2009-10) M/S. Nielsen (India) V/S. Deputy Private Limited बिाम Commissioner Of (Formerly Known As Income Tax Range– Acnielsen Org-Marg 6(1), Mumbai Private Limited) Aaykar Bhavan, Mumbai 6Th Floor, Block C, Godrej It 400020 Park, 02, Godrej Business District, Lbs Marg, Phirojshanagar, Vikhroli (W), Mumbai 400079 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacm9279L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Paras S. Savla राजस्व की ओर से /Revenue By: Ms. Neena Jeph, Cit Dr

ought to have accepted the Benchmarking exercise conducted by the appellant, appellant, using Transaction Net Margin Method ("TNMM') 1.6 as the most appropriate method. Addition in case of Provision of BPO Services - Rs. 3,85,43,801 1.7 The learned AO/ CIT(A) failed to appreciate that the services provided

Fedex Express Transportation and Supply Chain Services (India) Private Limited, Mumbai vs. ACIT 1(3)(1), Mumbai

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

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

that, with respect to outbound transportation activities during the year under consideration, the assessee earned 4% net profit margin by using TNMM as most appropriate method. The said margin was compared with entities engaged in similar services with average arithmetic mean of 3.12%. 6 ITA No.4783/Mum/2024; A.Y. 2020-21 FedEx ... price in relation to an international transaction for a specified domestic transaction] shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely:-- (a) to (d)............ (e) transactional net margin method, by which,- (i) the net profit margin realised by the enterprise

Portescap India Private Limited, Mumbai vs. DCIT Circle 2(3)(1), Mumbai

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

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

benchmarking analysis and methodology adopted by the Appellant, wherein benchmarking approach using aggregated/combined Transactional Net Margin Method ("TNMM") has been adopted as the most appropriate method ('MAM') for benchmarking the subject international transaction; 3.2Determining arm's length price of international transaction of payment for sales commission ... value of the transaction, by adopting Other Method as the most appropriate method; 3 ITA No.6749/Mum/2024; A.Y. 2021-22 Portescap India Private Limited 3-3 Disregarding the TP study maintained by the Appellant in good faith and with due diligence; 3.4 Not appreciating the detailed submission and documentary evidence submitted

O.C Tanner India Private Limited, Mumbai vs. DCIT, Circle -2(3)(1), Mumbai

In the result the appeal is, accordingly, he appeal is, accordingly, allowed for statistical allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2021-22 O.C. Tanner India Pvt. Ltd., Dy. Cit, Circle-2(3)(1), No. 2, Lave 7 Tower 2, Phase Ii, 552, 5Th Floor, Aayakar Bhavan, Raiaskaran Techpark Andheri Vs. Maharishi Karve Road, Kurla Road, Andheri East, Mumbai-400020. Sakinaka S.O. Mumbai, Mumbai-400072. Pan No. Aabco 1031 F Appellant Respondent

Method" (chosen by TPO) as Most Appropriate (ii) "Other Method" (chosen by TPO) as Most Appropriate (ii) "Other Method" (chosen by TPO) as Most Appropriate Method: In the absence of concrete evidence demonstrating receipt as In the absence of concrete evidence demonstrating receipt as In the absence of concrete evidence ... Most Appropriate 92C (1) and in our opinion this is the Most Appropriate 92C (1) and in our opinion this is the Most Appropriate Method (MAM) in the peculiar facts of the Assessee. Accordingly, the (MAM) in the peculiar facts of the Assessee. Accordingly, the (MAM) in the peculiar facts

Thermo Fisher Scientific India P. Ltd, Mumbai vs. DCIT 15(3)(1), Mumbai

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

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhail

Indian customers. For benchmarking the said international transaction of import of finished goods, the assessee adopted the Resale Price Method (“RPM”) as the most appropriate method. By considering itself the tested party, the assessee identified four comparable companies with an arithmetic mean gross margin, i.e., Gross Profit/Sales ... submitted that this company is comparable to the assessee for benchmarking the international transaction entered into by adopting RPM as the most appropriate method. 34. On the other hand, the learned DR vehemently relied upon the order passed by the lower authorities and submitted that as per the annual report