“CUP method”

Kongsberg Maritime Cm India Pvt. Ltd., Navi Mumbai vs. Addll/Jt/Dy/ACIT/ITO-NFAC, Delhi

Bench: Shri Prashant Maharishi & Shri Kuldip Singhassessment Year: 2017-18

length scenario, no independent party would have made such payment to another party. Thus, the Transfer Pricing Officer has held that as per CUP method, the payment made is not at arm's length and ultimately has determined the arm's length price of such payment ... Transfer Pricing Officer, it is very much clear that he has mentioned that the arm's length price has to be determined by applying CUP method. However, factually, he has not done so. It is very much clear that the Transfer Pricing Officer has not brought even a single comparable

DCIT CC 3(2) Cen RG 3, Mumbai vs. World Sports (India) P . Ltd, Mumbai

In the result appeal of the assessee is allowed and CO as well as appeal of the learned Assessing Officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Co No. 267/Mum/2019 (Arising In Ita No.5329/Mum/2017 For A.Y. 2010-11)

appeal:- “1. on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in rejecting the CUP method adopted by TPO for making adjustment of ₹ 5,979,23,256/- in respect of international transaction pertaining to grant of rest of the world rights ... facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in adopting Profit Method instead of CUP method in the above international transaction not being at arm’s length 3. on the facts and in the circumstances of the case

World Sports Group (India) Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Central Circle-20, Mumbai

In the result appeal of the assessee is allowed and CO as well as appeal of the learned Assessing Officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Co No. 267/Mum/2019 (Arising In Ita No.5329/Mum/2017 For A.Y. 2010-11)

appeal:- “1. on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in rejecting the CUP method adopted by TPO for making adjustment of ₹ 5,979,23,256/- in respect of international transaction pertaining to grant of rest of the world rights ... facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in adopting Profit Method instead of CUP method in the above international transaction not being at arm’s length 3. on the facts and in the circumstances of the case

Clsa India P. Ltd, Mumbai vs. DCIT RG 4(1), Mumbai

In the result, appeal of the assessee is allowed

assessee had entered into an international transaction with an associate enterprise, the matter was referred to TPO who has made transfer pricing adjustment using CUP method. The TPO noted that no other subsidiary of CLSA BV anywhere in the world had paid any royalty. Therefore, he had treated this ... name. Non availability of a comparable transaction can not be considered as transaction and cannot be the basis of selection of comparable transaction. Further, CUP method can not be applied if the relevant information is not available. This view is also supported by the decision of Mumbai Bench

Omni Active Health Technologies Limited, Mumbai vs. Addl/Jt/Dy/Asst/CIT/ITO/NFAC, Delhi

goods by the Appellant to its AE was on arm’s length basis. However, the TPO, rejected TNMM method and applied Comparable Uncontrolled Price (CUP) Method as the most appropriate method and taking the price at which products were sold by the Appellant to non-AEs the TPO applied internal ... arrived at aggregate transfer pricing adjustment of INR 16,59,51,699/-. The Appellant, in the objection filed before DRP, justified rejection of CUP method in the transfer pricing study report on the ground that the transaction between the AE and non-AE were not comparable on ITA. No. 748/Mum/2022

Asb International P.Ltd, Thane vs. DCIT Cir 1, Kalyan

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

involved in this transaction are one of their kind. Such intangibles are difficult to find which consequentially creates a dearth of comparables. Hence, the CUP method in the case of the Assessee is highly ill-suited due to the simple fact that there are no accurate comparables (the royalty agreements ... Other Method” can be treated as 14 M/s. ASB International P. Ltd MAM on the facts of the present case. Undoubtedly, CUP method is based on comparing the price of uncontrolled transactions which requires high degree of comparability and availability of comparables with similar products and market and agreements

Ciba India Ltd, Mumbai vs. DCIT (OSD) RG 8(1), Mumbai

In the result, appeal of the assessee is partly allowed

prescribed methods. In the facts of the present case, though, the Transfer Pricing Officer has stated that he has adopted CUP method for determining the arm's length price, however, in reality, he has determined the arm's length price at nil on purely ad-hoc basis by stating that

Macrotech Developers Ltd.(Successor to Bellissimo Crown Buildmart Pvt Ltd., Mumbai vs. DCIT Central Circle 7(3), Mumbai

The appeal is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

consonance with the provisions of transfer pricing assessment and computation. 030. According to us, the corporate guarantee commission can be benchmarked by employing (1) CUP method, ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 (2) yield method or interest saving method, (3) cost to the guarantor

Macrotech Developrs Ltd, Mumbai vs. Dy Commissioner of Income Tax, Central Circle 7(3), Mumbai

The appeal is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

consonance with the provisions of transfer pricing assessment and computation. 030. According to us, the corporate guarantee commission can be benchmarked by employing (1) CUP method, ITA Nos. 2266 & 2239/Mum/2022 Macrotech Developers Ltd; A.Ys. 17-18 & 18-19 (2) yield method or interest saving method, (3) cost to the guarantor