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“most appropriate method”

Transfer PricingSection 92CSection 92C1,345 judgments

The decision most relied on for most appropriate method is CIT v. Cushman & Wakefield (India) (P.) Ltd. (367 ITR 730), cited in 120 judgments on BharatTax.

Leading authorities on most appropriate method

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

Dresser-Rand India (P.) Ltd. v. Addl. CIT
13 Taxmann.com 82 · 2011 · High Court
43
citing judgments

An Assessing Officer cannot disregard an assessee's decision to avail services from associated enterprises, even if the assessee has internal expertise, as the determination of necessity is the assessee's prerogative. The Transfer Pricing Officer's role is to determine the arm's length price, not the need for the service itself.

CIT v. EHPT India P Ltd.
350 ITR 41 · 2013 · High Court
41
citing judgments

The headcount method is an appropriate allocation key for indirect expenses between eligible and non-eligible units when it has been consistently accepted by revenue authorities and there is no just cause for abandoning it. Deviation from a consistently followed and accepted method can disturb or distort profits.

Mobis India Ltd. v. Dy. CIT
38 Taxmann.com 231 · 2013 · ITAT
38
citing judgments

A working capital adjustment is unreliable if it is based on broad approximations, estimations, and assumptions, and the assessee fails to demonstrate how the adjustment was arrived at.

LG Electronics India Pvt. Ltd. v. ACIT
29 Taxmann.com 300 · 2013 · High Court
37
citing judgments

The 'bright line test' is not an appropriate method for determining the existence of an international transaction for calculating arm's length price. This ruling overrules prior special bench decisions on AMP expenses.

Magneti Marelli Powertrain India Pvt. Ltd. v. DCIT
389 ITR 469 · 2016 · High Court
35
citing judgments

The Assessing Officer (AO) or Transfer Pricing Officer (TPO) cannot dispute the application of the TNMM method if they have already accepted it as the most appropriate method for certain international transactions, especially when other transactions are intrinsically linked.

Skoda Auto India (P) Ltd. v. ACIT, Aurangabad
30 SOT 319 · 2009 · ITAT
26
citing judgments

The Tribunal may allow adjustments for differences between the tested party and comparable companies to eliminate material differences, provided accurate and credible evidence is furnished.

Principal Commissioner of Income-tax-6 v. Matrix Cellular International Services (P.) Ltd.
90 Taxmann.com 54 · 2018 · High Court
25
citing judgments

The Resale Price Method (RPM) is the most appropriate method for determining the arm's length price of a distributor who does not add significant value to the goods purchased.

Judgments citing most appropriate method

M/S. Ge Be Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 3(1)(2), Bangalore

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

ITA 2615/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 May 2022AY 2015-16

Bench: Shri Chandra Poojari & Shri George K. George

For Appellant: Shri Sachit Jolly &For Respondent: Shri Sumer Singh Meena, D.R
Section 143(3)Section 92D

identical kind of comparable that has functions similar to that of assessee. It is for this reason that assessee adopted TNM as the most appropriate method, which provides comparability of net profits that comparable independent business earn from their trading activities in comparable markets with other third parties. Which ... analysis with that of assessee and has rejected by applying one or other filter on quantitative basis. As assessee is using TNM as most appropriate method, the functions performed assets owned and risk assumed by the comparables vis-a-vis assessee. Accordingly we remand these comparables back to Ld.TPO

Deputy Commissioner of Income Tax, Circle- 6(1)(2), Bengaluru vs. M/S. Symbol Technologies India Private Limited, Bengaluru

In the result, appeal by the assessee and that by the Revenue are treated as partly allowed

ITA 2221/BANG/2019[2011-12]Status: DisposedITAT Bangalore20 May 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Shri Laxmi Prasad Sahu

For Appellant: Shri. Aliasgar Rampurwala, CAFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 92Section 92(1)Section 92B(1)

Study) to justify the price paid in the international Transaction as at ALP by adopting the Transaction Net Margin Method (TNMM) as the Most Appropriate Method (MAM) of determining ALP. The assessee selected Operating Profit/Operating Cost (OP/OC) as the Profit Level Indicator (PLI) for the purpose of comparison. The OP/OC ... price in relation to an international transaction [or 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

M/S. Symbol Technologies India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 6(1)(2), Bengaluru

In the result, appeal by the assessee and that by the Revenue are treated as partly allowed

ITA 2057/BANG/2019[2011-12]Status: DisposedITAT Bangalore20 May 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Shri Laxmi Prasad Sahu

For Appellant: Shri. Aliasgar Rampurwala, CAFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 92Section 92(1)Section 92B(1)

Study) to justify the price paid in the international Transaction as at ALP by adopting the Transaction Net Margin Method (TNMM) as the Most Appropriate Method (MAM) of determining ALP. The assessee selected Operating Profit/Operating Cost (OP/OC) as the Profit Level Indicator (PLI) for the purpose of comparison. The OP/OC ... price in relation to an international transaction [or 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

Dow Chemicals International Pvt Ltd. As Successor of Rohm and Haas (India) Pvt Ltd, Mumbai vs. ITO 14 (1)(3), Mumbai

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

ITA 7936/MUM/2019[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2015-16 Dow Chemical International Private Income Tax Officer-14(1)(3), Limited As Successor Of Rohm & Hass Room No. 458, 4Th Floor, (India) Private Limited, Vs. Aayakar Bhavan, M.K. Road, Godrej It Park-P2, 1St Floor Block B, 02, Mumbai-400020. Lbs Road, Godrej Business District, Pirojshanagar, Vikhroli (West), Mumbai-400079. Pan No. Aaacr 2855 F Appellant Respondent

For Appellant: Mr. Rajan R. Vora/For Respondent: Dr. Yogesh Kamat, CIT-DR
Section 92C

materials from Associated Enterprises ('AEs'). Inappropriate rejection of Cost-Plus Method ('PM') and instead adopting Transactional Net Margin Method ('TNMM') as most appropriate method ('MAM') 3. erred in not accepting the economic analysis undertaken by the Appellant under PM. In accordance with the provisions of the Income Tax Dow Chemical ... transactions of purchase of raw material and finished goods were at arm’s length. The Ld. TPO rejected the CPM method as most appropriate method for determination of arms length price. According to the Ld. TPO, the application of CPM requires gross margins both for the tested party

DCIT-5(1)(2), Mumbai vs. M/S Dharmanandan Diamonds Pvt Ltd., Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4232/MUM/2019[2013-14]Status: DisposedITAT Mumbai19 May 2022AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2013-14 Dy. Commissioner Of Income- M/S Dharmanandan Tax, Circle 5(1)(2), Diamonds Pvt. Ltd., R.No. 568, Aayakar Bhavan, Vs. Fc-7081-82, M.K. Road, Bharat Diamond Bourse, Mumbai-400020. Bkc, Bandra (East), Mumbai-400051. Pan No. Aaccd 6676 J Appellant Respondent Revenue By : Dr. Yogesh Kamat, Cit-Dr Assessee By : Rashmikant C. Modi/ Ketki Rajeshirke, Ars Date Of Hearing : 23/03/2022 Date Of Pronouncement : 19/05/2022

For Appellant: Rashmikant C. Modi/For Respondent: Dr. Yogesh Kamat, CIT-DR
Section 271GSection 92Section 92DSection 92D(3)

situated overseas. For determination of the arm’s-length price of those transactions, the assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method. The assessee submitted two different working of segmental result for AE and non-AE transactions. In one working, the assessee has allocated expenses ... sold for different price and due to peculiar character of the goods sold, the appellant did not consider the CUP method as the most appropriate method. It is also mentioned that the department M/s Dharmanandan Diamonds Pvt. Ltd. 6 accepted TNMM Method as the most appropriate method and no adjustments

First Credit Ites P. Ltd, Mumbai vs. Addl/Jt.Dy/CIT/ITO, National E -Assessment Centre, Delhi

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

ITA 1183/MUM/2021[2016-17]Status: DisposedITAT Mumbai18 May 2022AY 2016-17

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am First Credit Ites P. Ltd. The Addl. Commissioner Of D-211, Ghatkopar Indl. Estate, Income-Tax Officer Behind R-City Mall, National E-Assessment Off L.B.S Marg, Vs. Centre, Ghatkopar West, Delhi-110003 Mumbai-400 086 (Appellant) (Respondent) Pan No.Aabcf5210B Assessee By : Shri Sunil Moti Lala, Ar Revenue By : Shri Tejinder Pal Singh, Dr Date Of Hearing: 22.02.2022 Date Of Pronouncement : 18.05.2022

For Appellant: Shri Sunil Moti Lala, ARFor Respondent: Shri Tejinder Pal Singh, DR
Section 143(3)Section 144BSection 144C(3)Section 144C(5)Section 92C

facts and circumstances of the case, the DRP/AO/TPO have erred in law by considering the Transactional Net Margin Method (TNMM') as the most appropriate method for benchmarking the First Credit ITES Pvt. Ltd.; AY 16-17 international transaction of the provision of services to its Associated Enterprises ... DRP/TPO have erred in not considering the 'Other Method' prescribed under Rule 10AB of the Income-tax Act as the most appropriate method for benchmarking the services rendered by the Appellant to its AE. The DRP/TPO have erred in ignoring the additional evidence in the form of comparable quotes obtained

Additional Commissioner of Income Tax (Ltu), Bangalore vs. M/S Texas Instruments (India) Private Limited, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 606/BANG/2019[2014-15]Status: DisposedITAT Bangalore17 May 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

M/S Texas Instruments India Pvt Ltd, Bangalore vs. Additional Commissioner of Income Tax Ltu, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 365/BANG/2019[2014-15]Status: DisposedITAT Bangalore17 May 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

Joint Commissioner of Income Tax, Ltu, Bangalore vs. M/S. Texas Instruments (India) Private Limited, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1447/BANG/2019[2013-14]Status: DisposedITAT Bangalore17 May 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

Joint Commissioner of Income Tax, Ltu, Bangalore vs. M/S. Texas Instruments (India) Private Limited, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1446/BANG/2019[2012-13]Status: DisposedITAT Bangalore17 May 2022AY 2012-13

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

M/S. Texas Instruments (India) Private Limited, Bangalore vs. Joint Commissioner of Income Tax, Ltu, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1076/BANG/2019[2013-14]Status: DisposedITAT Bangalore17 May 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

M/S. Texas Instruments (India) Private Limited, Bangalore vs. Joint Commissioner of Income Tax, Ltu, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1075/BANG/2019[2012-13]Status: DisposedITAT Bangalore17 May 2022AY 2012-13

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

Joint Commissioner of Income-Tax(Ltu), Bangalore vs. M/S. Texas Instruments(India) Pvt. Ltd, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1967/BANG/2018[2010-11]Status: DisposedITAT Bangalore17 May 2022AY 2010-11

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

For Appellant: Shri. Sharath Rao, CAFor Respondent: Mrs. Susan D. George, CIT (DR) (ITAT), Bengaluru

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation, especially with TNMM as the most appropriate method? 7. Whether the Hon’ble CIT(A) was right in law in demanding comparability standards that may itself defeat the purpose of law relating to determination ... envisaged under section 92 of the Act. Both the assessee and TPO adopted Transaction Net Margin Method (TNMM) as the most appropriate method for determining ALP. The profit level indicator (PLI) chosen for the purpose of comparing assessee’s margin with that of the comparable companies was on OP/OC

M/S Unisys India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

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

ITA 2027/BANG/2017[2010-11]Status: DisposedITAT Bangalore17 May 2022AY 2010-11

Bench: Shri N.V Vasudevan & Ms. Padmavathy Sassessment Year : 2010-11

For Appellant: Shri Dhanesh Bafna, AR & Shri PratikFor Respondent: Shri Srinivasa T Bidari, CIT(DR)
Section 92Section 92(1)Section 92B(1)

price paid to AE was at arm’s length, the assessee filed a transfer pricing (TP) analysis. The assessee adopted TNMM as most appropriate method (MAM). ITA Nos.2024 & 2027 /Bang/2017 Page 5 of 32 The profit level indicator (PLI) chosen was operating profit to operating cost (OP/OC). The assessee chose

Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore vs. M/S Unisys India Pvt Ltd, Bangalore

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

ITA 2024/BANG/2017[2010-11]Status: DisposedITAT Bangalore17 May 2022AY 2010-11

Bench: Shri N.V Vasudevan & Ms. Padmavathy Sassessment Year : 2010-11

For Appellant: Shri Dhanesh Bafna, AR & Shri PratikFor Respondent: Shri Srinivasa T Bidari, CIT(DR)
Section 92Section 92(1)Section 92B(1)

price paid to AE was at arm’s length, the assessee filed a transfer pricing (TP) analysis. The assessee adopted TNMM as most appropriate method (MAM). ITA Nos.2024 & 2027 /Bang/2017 Page 5 of 32 The profit level indicator (PLI) chosen was operating profit to operating cost (OP/OC). The assessee chose

Aquity Solutions India Pvt. Ltd. (Earlier Known As Mmodel Global Services Ltd.), Mumbai vs. DCIT - 15 (2)(2), Mumbai

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 1161/MUM/2019[2005-06]Status: DisposedITAT Mumbai13 May 2022AY 2005-06

Bench: Vikas Awasthy & Shri Prashant Maharishi

For Appellant: Ms.Karishma R. Phatarphekar with S/Shri Harsh Shah/ Paras Savla/For Respondent: Ms. Vatsalaa Jha

Tribunal. In first round, the Tribunal vide order dated 29/05/2015 admitted additional evidence furnished by the assessee to substantiate CUP as the most appropriate method and restored the issue to Assessing Officer / Transfer Pricing Officer(TPO) for determination of Arms Length Price (ALP) and most appropriate method. In the second ... Services(MTS) to its AEs. To benchmark the transaction in TP study initially the assessee adopted Transactional Net Margin Method (TNMM) as the most appropriate method. Subsequently, the assessee changed the method of benchmarking and adopted CUP as the most appropriate method. The ld.Counsel for the assessee submitted that

Cbay Systems (India) Private Limited, Bangalore vs. ITO, Bangalore

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 1351/BANG/2011[2007-08]Status: DisposedITAT Mumbai13 May 2022AY 2007-08

Bench: Vikas Awasthy & Shri Prashant Maharishi

For Appellant: Ms.Karishma R. Phatarphekar with S/Shri Harsh Shah/ Paras Savla/For Respondent: Ms. Vatsalaa Jha

Tribunal. In first round, the Tribunal vide order dated 29/05/2015 admitted additional evidence furnished by the assessee to substantiate CUP as the most appropriate method and restored the issue to Assessing Officer / Transfer Pricing Officer(TPO) for determination of Arms Length Price (ALP) and most appropriate method. In the second ... Services(MTS) to its AEs. To benchmark the transaction in TP study initially the assessee adopted Transactional Net Margin Method (TNMM) as the most appropriate method. Subsequently, the assessee changed the method of benchmarking and adopted CUP as the most appropriate method. The ld.Counsel for the assessee submitted that

M/S. Ocwen Financial Solutions Private Limited, Bengaluru vs. Joint Commissioner of Income Tax, Special Range - 5, Bangalore

In the result appeal filed by the assessee stands partly allowed

ITA 2411/BANG/2019[2015-16]Status: DisposedITAT Bangalore13 May 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2411/Bang/2019 Assessment Year : 2015-16 M/S. Ocwen Financial Solutions Pvt. Ltd., Pritech Park, Block 12, The Joint Commissioner Unit 2, 5B & 6A Floors, Of Income-Tax, Bellandur Village, Special Range-5, Sarjapur Marathahalli Bangalore. Ring Road, Vs. Bangalore – 560 103. Pan: Aaaco3764E Appellant Respondent : Shri K.R. Vasudevan & Assessee By Ms. Rashmi, Advocates : Dr. Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 02-03-2022 Date Of Pronouncement : 13-05-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 24/09/2019 Passed By The Ld.Jcit, Special Range-5, Bangalore Under Section 143 (3) R.W.S 144C (13) Of The Act, For Assessment Year 2015-16 On Following Grounds Of Appeal: “I. Transfer Pricing The Grounds Mentioned Hereinafter Are Without Prejudice To One Another.

For Respondent: Shri K.R. Vasudevan &
Section 133(6)Section 143Section 92C

price in relation to an international transaction [or 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

Xchanging Solutions Limited, Bangalore vs. The Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

In the result, grounds 20 to 23 are allowed for statistical purposes

ITA 294/BANG/2021[2016-17]Status: DisposedITAT Bangalore12 May 2022AY 2016-17
For Appellant: Sri.Padamchand Kincha, CAFor Respondent: Dr.Manjunath Karkaihalli, CIT-DR
Section 139(1)Section 143(3)Section 144BSection 144C(13)Section 144C(5)Section 40

length price in certain cases. 10CA. (1) Where in respect of an international transaction or a specified domestic transaction, the application of the most appropriate method referred to in sub-section (1) of section 92C results in determination of more than one price, then the arm's length price ... preceding the current year undertaken the same or similar comparable uncontrolled transaction then,— 19 IT(TP)A No.294/Bang/20201 M/s.Xchanging Solutions Limited (i) the most appropriate method used to determine the price of the comparable uncontrolled transaction or transactions undertaken in the aforesaid period and the price in respect of such

Wills Towers Watson India P.Ltd, Mumbai vs. Asst CIT Cir 11(3)(1), Mumbai

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

ITA 1140/MUM/2015[2010-11]Status: DisposedITAT Mumbai10 May 2022AY 2010-11

Bench: Shri Sanjay Garg () & Shri Om Prakash Kant () Assessment Year: 2010-11 Towers Watson India Private Limited, The Assistant Commissioner Of 511/512, Solitaire Corporate Park, Income Tax, Circle-11(3)-1, 151, Andheri Kurla Road, Vs. Room No. 427, 4Th Floor Aayakar Andheri (East) , Bhavan, M.K. Road, Mumbai-400093. Mumbai-400020. Pan No. Aaacg 2955 K Appellant Respondent

For Appellant: Mr. Nikhil Tiwari, ARFor Respondent: Mr. Ajay Kumar Sharma, CIT-DR
Section 92CSection 92C(4)

benchmarking analysis undertaken by the Appellant for the provision of consultancy services; Rejection of the Comparable Uncontrolled Price (CUP)) method as the most appropriate method 5. erred in rejecting the CUP method applied by the Appellant as the most appropriate method, without giving cogent reasons, for benchmarking the Tower Watson ... transactions with AEs for international transaction pertaining to provision of consultancy services; Application of the Transactional Net Margin Method (‘TNMM') as the most appropriate method 6. erred in applying the TNMM as the most appropriate method, for benchmarking the transactions with Es for international transaction pertaining to provision of consultancy