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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

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

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 626/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 May 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessee submitted before the TPO that these transactions need to be aggregated and benchmarked using Transactional Net Margin Method (TNMM) as the most appropriate method, using a PLI consisting of Net Operating Margin on Operating Cost. The arithmetic mean of comparable companies that are engaged in manufacture of Adhesives ... License renewal fees, commercial services (IT support services) and management fee. The TPO instead proposed to adopt CUP for these transactions as the most appropriate methods. In the opinion of the TPO, these transactions were in a separate class of their own. It was observed by the TPO that

Bostik India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2031/BANG/2017[2013-14]Status: DisposedITAT Bangalore10 May 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessee submitted before the TPO that these transactions need to be aggregated and benchmarked using Transactional Net Margin Method (TNMM) as the most appropriate method, using a PLI consisting of Net Operating Margin on Operating Cost. The arithmetic mean of comparable companies that are engaged in manufacture of Adhesives ... License renewal fees, commercial services (IT support services) and management fee. The TPO instead proposed to adopt CUP for these transactions as the most appropriate methods. In the opinion of the TPO, these transactions were in a separate class of their own. It was observed by the TPO that

Bostik India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 837/BANG/2016[2011-12]Status: DisposedITAT Bangalore10 May 2022AY 2011-12

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessee submitted before the TPO that these transactions need to be aggregated and benchmarked using Transactional Net Margin Method (TNMM) as the most appropriate method, using a PLI consisting of Net Operating Margin on Operating Cost. The arithmetic mean of comparable companies that are engaged in manufacture of Adhesives ... License renewal fees, commercial services (IT support services) and management fee. The TPO instead proposed to adopt CUP for these transactions as the most appropriate methods. In the opinion of the TPO, these transactions were in a separate class of their own. It was observed by the TPO that

Jp Morgan Services (I) Pvt. Ltd., Mumbai vs. DCIT 10 (2)(1), Mumbai

In the result, appeal by the assessee is allowed

ITA 3512/MUM/2019[2014-15]Status: DisposedITAT Mumbai05 May 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 3512/मुं/2019 ("न. व. 2014-15) J.P.Morgan Services India Private Limited, Level Nos. 9 To 11, Prism Towers, Mindspace, Link Road, Goregaon (West), Mumbai – 400 104. Pan: Aabcd-0503-B ...... अपीलाथ"/Appellant बनाम Vs. Deputy Commissioner Of Income Tax, Circle 10(2)(1), Room No.509, Aaykar Bhavan, M.K.Road, Mumbai 400 020 . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Porus Kaka Sr. Advocate With Shri & Divesh Chawla ""तवाद" "वारा/Respondent By : Shri Satya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 09/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-55, Mumbai [ In Short ‘The Cit(A)’] Dated 28/02/2019, For The Assessment Year 2014-15. 2 2. The Assessee In Appeal Has Assailed Transfer Pricing (Tp) Adjustment & Disallowance Made U/S. 14A R.W.R. 8D Of The Income Tax Act, 1961 [In Short ‘The Act’]. The Relevant Grounds Raised By The Assessee In Appeal Are As Under:-

For Appellant: Shri Porus Kaka Sr. Advocate with Shri and Divesh ChawlaFor Respondent: Shri Satya Pinisetty
Section 14ASection 92C(3)

transactions of interest earned on FDs being closely linked for the purpose of benchmarking. The Transfer Pricing Officer (TPO) accepted CUP as the most appropriate method but rejected assessee’s approach of aggregation of transaction. Accordingly, TPO analyzed Arms Length rate on transaction by transaction basis and proposed adjustment ... Morgan Chase Bank Ltd. On the said FDs the assessee earned interest income. The assessee applied CUP as the most appropriate method to benchmark the transactions and the same has been accepted by the TPO. The only dispute is with regard to aggregation approach followed by 7 assessee to benchmark

Advance Power Display Systems Ltd., Mumbai vs. Jt. CIT (OSD), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 223/MUM/2019[2012-13]Status: DisposedITAT Mumbai05 May 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 222/मुं/2019 ("न. व. 2011-12 ) आअसं. 223/मुं/2019 ("न. व. 2012-13) Advance Power Display System Ltd. Unit No.6, Multistoried Building, Seepz-Sez, Andheri (East) Mumbai – 400 096 Pan: Aaaca-5970-G ...... अपीलाथ" /Appellant बनाम Vs. The Jcit (Osd), ..... ""तवाद"/Respondent Mumbai . अपीलाथ" "वारा/ Appellant By : Shri Y.P. Trivedi Sr. Advocate With Shri Nishit Gandhi ""तवाद" "वारा/Respondent By : Shri Sathya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 08/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Two Appeals By The Assessee Are Directed Against The Order Of Commissioner Of Income Tax(Appeals)-55, Mumbai [In Short 'The Cit(A) ’] For The Assessment Years 2011-12 & 2012-13, Respectively. Both The Impugned Order Are Of Even Date I.E. 15/11/2018. Since, Identical Issues Are Involved In 2

For Appellant: Shri Y.P. Trivedi Sr. Advocate with Shri Nishit GandhiFor Respondent: Shri Sathya Pinisetty
Section 43BSection 92CSection 92C(1)Section 92C(2)

deemed to be ALP. The TPO dismissed the rectification petition of the assessee vide order dated 30/01/2017 holding that in the present case most appropriate method has not been specified, accordingly the benefit of pro visions of section 92C(2) of the Income Tax Act, 1961 [in short ... assessee. The TPO has not specified as to which method as specified u/s.92C(1) of the Act has been adopted as most appropriate method for making the adjustment. The ld. Counsel for the assessee contended that Hon'ble Bombay High Court in the case of CIT vs. Johnson & Johnson

Advance Power Display Systems Ltd., Mumbai vs. Jt. CIT (OSD), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 222/MUM/2019[2011-12]Status: DisposedITAT Mumbai05 May 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 222/मुं/2019 ("न. व. 2011-12 ) आअसं. 223/मुं/2019 ("न. व. 2012-13) Advance Power Display System Ltd. Unit No.6, Multistoried Building, Seepz-Sez, Andheri (East) Mumbai – 400 096 Pan: Aaaca-5970-G ...... अपीलाथ" /Appellant बनाम Vs. The Jcit (Osd), ..... ""तवाद"/Respondent Mumbai . अपीलाथ" "वारा/ Appellant By : Shri Y.P. Trivedi Sr. Advocate With Shri Nishit Gandhi ""तवाद" "वारा/Respondent By : Shri Sathya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 08/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Two Appeals By The Assessee Are Directed Against The Order Of Commissioner Of Income Tax(Appeals)-55, Mumbai [In Short 'The Cit(A) ’] For The Assessment Years 2011-12 & 2012-13, Respectively. Both The Impugned Order Are Of Even Date I.E. 15/11/2018. Since, Identical Issues Are Involved In 2

For Appellant: Shri Y.P. Trivedi Sr. Advocate with Shri Nishit GandhiFor Respondent: Shri Sathya Pinisetty
Section 43BSection 92CSection 92C(1)Section 92C(2)

deemed to be ALP. The TPO dismissed the rectification petition of the assessee vide order dated 30/01/2017 holding that in the present case most appropriate method has not been specified, accordingly the benefit of pro visions of section 92C(2) of the Income Tax Act, 1961 [in short ... assessee. The TPO has not specified as to which method as specified u/s.92C(1) of the Act has been adopted as most appropriate method for making the adjustment. The ld. Counsel for the assessee contended that Hon'ble Bombay High Court in the case of CIT vs. Johnson & Johnson

Alcon Laboratories India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(4), Bangalore

In the result the appeal filed by the assessee stands allowed as indicated herein above

ITA 726/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Apr 2022AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

For Respondent: Shri Percy Pardiwala, Sr
Section 143(3)Section 144C

revenue made adverse observation that assessee incurred excessive sales and distribution expenses and compared to the comparable companies by using CUP as the most appropriate method. He submitted that the revenue has attributed excessive sales and distribution expenditure to the additional function of promoting and developing the marketing intangibles

M/S Adc India Communications Limited, Bangalore vs. Asst.C.I.T., Bangalore

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

ITA 79/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation especially with TNMM as the most appropriate method. Corporate Issue: 5.The DRP erred in directing the AO to delete the disallowance made u/s 40(a)(i) to the tune of Rs.1,36,42,976/-, holding ... circumstances of the case and in law, the learned AO/TPO erred in not adopting Resale Price Method (PRM) as the most appropriate method for determining the Arm’s Length Price of the international transactions in respect of import of traded goods by the appellant from the Associate Enterprises.” We shall

Asst.C.I.T., Bangalore vs. M/S Adc India Communications Ltd., Bangalore

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

ITA 41/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

international jurisprudence itself recognize that there cannot be an exact comparable to a given situation especially with TNMM as the most appropriate method. Corporate Issue: 5.The DRP erred in directing the AO to delete the disallowance made u/s 40(a)(i) to the tune of Rs.1,36,42,976/-, holding ... circumstances of the case and in law, the learned AO/TPO erred in not adopting Resale Price Method (PRM) as the most appropriate method for determining the Arm’s Length Price of the international transactions in respect of import of traded goods by the appellant from the Associate Enterprises.” We shall

Novell Software Development (India) Private Limited, Bangalore vs. ITO, Bangalore

In the result, appeal filed by assessee stands allowed and appeal filed by the revenue stands dismissed

ITA 319/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 280/Bang/2016 Assessment Year : 2011-12 M/S. Micro Focus Software India Pvt. Ltd. (Earlier Known As Novell Software Development The Income Tax (India) Pvt. Ltd.), Officer, Bagmane Tech Park ‘D’ Ward – 4 (1)(3), Block, Bangalore. ‘Laurel’ 65/2, Vs. C V Raman Nagar, Byrasandra, Bangalore – 560 093. Pan: Aaacn6992K Appellant Respondent & It(Tp)A No. 319/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Smt. Tanmayee Rajkumar, Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 03-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Cross Appeals Has Been Filed By Revenue As Well As Assessee Against Order Dated 29.12.2015 Passed By Ld.Ito Ward 5(1)(1)

Section 143(3)Section 144C(13)Section 92C(3)

That the AO/TPO erred in law and on facts in rejecting the Appellant's application of the Resale Price Method ('RPM') as the Most Appropriate Method (`MAM') in its TP Study for determination of the arm’s length price of the above international transaction, and consequently erred in applying ... Software Development Services and Provision of IT enabled serviced. It is observed that, for software development service segment, the assessee used TNMM as most appropriate method and computed its margin by using OP/TC as PLI and computed its margin at 10%. The assessee selected following 10 comparables with an average

ITO Ward - 5(1)(1), Bangalore vs. M/S Novell Software Development (India) Pvt. Ltd., Bangalore

In the result, appeal filed by assessee stands allowed and appeal filed by the revenue stands dismissed

ITA 280/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 280/Bang/2016 Assessment Year : 2011-12 M/S. Micro Focus Software India Pvt. Ltd. (Earlier Known As Novell Software Development The Income Tax (India) Pvt. Ltd.), Officer, Bagmane Tech Park ‘D’ Ward – 4 (1)(3), Block, Bangalore. ‘Laurel’ 65/2, Vs. C V Raman Nagar, Byrasandra, Bangalore – 560 093. Pan: Aaacn6992K Appellant Respondent & It(Tp)A No. 319/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Smt. Tanmayee Rajkumar, Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 03-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Cross Appeals Has Been Filed By Revenue As Well As Assessee Against Order Dated 29.12.2015 Passed By Ld.Ito Ward 5(1)(1)

Section 143(3)Section 144C(13)Section 92C(3)

That the AO/TPO erred in law and on facts in rejecting the Appellant's application of the Resale Price Method ('RPM') as the Most Appropriate Method (`MAM') in its TP Study for determination of the arm’s length price of the above international transaction, and consequently erred in applying ... Software Development Services and Provision of IT enabled serviced. It is observed that, for software development service segment, the assessee used TNMM as most appropriate method and computed its margin by using OP/TC as PLI and computed its margin at 10%. The assessee selected following 10 comparables with an average

Accc 30, Mumbai vs. United Shippers Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed and appeal filed by the AO is dismissed

ITA 3036/MUM/2012[2007-08]Status: DisposedITAT Mumbai26 Apr 2022AY 2007-08

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm The Asst. Commissioner Of United Shippers Ltd. United India Bldg, 2N D Floor, Sir Income-Tax, Circle-30 R.No. 403, 4Th Floor, P.M. Road , Vs. Aayakar Bhavan, M.K. Marg, Fort, Mumbai-400 020 Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaacu0764C The Asst. Commissioner Of United Shippers Ltd. Income-Tax, Circle-30 United India Bldg, 2N D Floor, Sir R.No. 403, 4Th Floor, P.M. Road , Vs. Ayakar Bhavan, Fort, M.K. Marg, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent)

For Appellant: Shri Madhur Agarwal, AdvocateFor Respondent: Shri Ms. Vatsalaa Jha, CIT DR
Section 14ASection 92Section 92CSection 92C(3)

unrelated enterprises and given to unrelated enterprise(s) and thereby rejecting the appellants ground of adopting Internal Transactional Net Margin Method (TNMM") as most appropriate method and also erred in upholding the arm's length profit margin ratio at 13.84% as determined by TPO applying the 'external TNMM by holding ... this the assessee take services of its associated enterprises. To benchmark above transaction, assessee has used Transactional Net Margin Method [TNMM] as the most appropriate method, using internal l comparable, where it has compared the gross profit margin realized from international transaction with its associated enterprises with the gross profit