← All Phrases

“CUP method”

Transfer PricingSection 92CSection 92C828 judgments

The decision most relied on for CUP method is Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT (44 SOT 391), cited in 39 judgments on BharatTax.

Leading authorities on CUP method

Serdia Pharmaceuticals (India) (P.) Ltd. v. Asstt. CIT
44 SOT 391 · 2011 · ITAT
39
citing judgments

The Comparable Uncontrolled Price (CUP) method is preferred over indirect methods for determining the arm's length price in transfer pricing matters, especially for royalty payments.

Asstt. CIT v. MSS India (P.) Ltd.
32 SOT 132 · 2009 · ITAT
26
citing judgments

The Comparable Uncontrolled Price (CUP) method is preferred when comparable transactions with third parties are available to determine if transfer prices are at arm's length. Transactional profit methods are considered methods of last resort.

10 Glenmark Pharmaceuticals Ltd. v. Addl. CIT
43 Taxmann.com 191 · 2014 · Reported
26
citing judgments

Bank guarantee commission prices are not comparable to external CUPs for benchmarking corporate guarantees in transfer pricing.

CIT v. Eicher Motors Ltd.
293 ITR 464 · 2007 · High Court
22
citing judgments

Expenditure by way of royalty is an allowable revenue deduction if it is for a limited license to use know-how, where the assessee is not vested with proprietary rights. This is especially true if the payment falls within a reasonable range based on comparable transactions.

CIT v. Star Paper Mills Ltd.
172 Taxmann.com 391 · 2025 · High Court
21
citing judgments

The transfer price for intra-group services, specifically the sale of power from a captive power plant to a manufacturing unit, can be benchmarked based on the price at which the manufacturing unit procures power from the State Electricity Board, especially when it reflects a reasonable and arm's length price.

ACIT v. MSS India (P) Ltd.
123 TTJ 657 · 2009 · ITAT
16
citing judgments

A transfer pricing officer (TPO) must justify preferring one method over another, such as the Transactional Net Margin Method (TNMM) over the Comparable Uncontrolled Price (CUP) method, by demonstrating fallacies in the application of the preferred standard method.

Star India P. Ltd. v. ACIT
317 ITR 292 · 2009 · ITAT
16
citing judgments

When analyzing international transactions, separate classes of transactions, such as fees for technical know-how, use of trademarks, and procurement, must be analyzed individually, as each impacts profits. Aggregation of such transactions is not permissible.

Gharda Chemicals Ltd. v. Oy. CIT
39 SOT 93 · 2010 · ITAT
16
citing judgments

The Comparable Uncontrolled Price (CUP) method is the most preferred method for determining arm's length price in international transactions, but it requires a high degree of comparability. If comparables are not identical, the CUP method may not be applicable unless another method is proven to be more reliable in the specific fact situation.

Judgments citing CUP method

Abbott India Ltd (As Successor to Solvay Pharma India Ltd), Mumbai vs. Addl CIT RG 7(2), Mumbai

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

ITA 1705/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Nov 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2007-08 Abott India Limited Addl. Cit-Range 7(2) Unit 3-4, Corporate Park, Aayakar Bhavan, M.K. Sion-Trombay Road, Chembur, Vs. Marg, Mumbai-400 071. Mumbai-400 020 Pan No. Aaacu 9269 Q Appellant Respondent Assessee By : Shri. Madhur Agrawal, Adv. Revenue By : Shri Yogesh Kamat, Cit Dr Date Of Hearing : 22/09/2022 Date Of Pronouncement : 30/11/2022

For Appellant: Shri. Madhur Agrawal, AdvFor Respondent: Shri Yogesh Kamat, CIT DR
Section 143(3)Section 145ASection 14A

Rule 108 (2) and Rule 108 (3) of the Rules. 3:5 The learned Commissioner Of Income-Tax (Appeals) erred in upholding the CUP method and thereby not appreciating the facts and reasoning as to why TNMM should not be treated as the most appropriate method in light ... most appropriate method (MAM) for benchmarking international transactions in respect of the import of Active Pharmaceutical Ingredients (APIs) and applying Comparable Uncontrolled Price (CUP) method as most appropriate method. The assessee is also aggrieved for ignoring the operating margin earned by the assessee of 17.13%, which according to the assessee

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 4295/MUM/2009[2007-08]Status: DisposedITAT Mumbai30 Nov 2022AY 2007-08

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 4294/MUM/2009[2004-05]Status: DisposedITAT Mumbai30 Nov 2022AY 2004-05

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 4293/MUM/2009[2002-03]Status: DisposedITAT Mumbai30 Nov 2022AY 2002-03

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

Roha Dyechem P. Ltd, Mumbai vs. ACIT Cen Cir 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 2863/MUM/2009[2007-08]Status: DisposedITAT Mumbai30 Nov 2022AY 2007-08

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

Roha Dyechem Pvt.Ltd., Mumbai vs. ACIT-Central Circle 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 2862/MUM/2009[2006-07]Status: DisposedITAT Mumbai30 Nov 2022AY 2006-07

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

Roha Dyechem Pvt.Ltd., Mumbai vs. ACIT-Central Circle 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 2860/MUM/2009[2004-05]Status: DisposedITAT Mumbai30 Nov 2022AY 2004-05

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

Roha Dyechem P. Ltd, Mumbai vs. ACIT Cen Cir 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 2859/MUM/2009[2002-03]Status: DisposedITAT Mumbai30 Nov 2022AY 2002-03

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

ACIT Cen Ci-43 vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

ITA 10/MUM/2009[2004-2005]Status: DisposedITAT Mumbai30 Nov 2022AY 2004-2005

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

Section 143Section 143(3)Section 153ASection 80HSection 80ISection 92C

that for the purpose of determination of arm's length price in respect of three loan transactions with AEs the best method is the CUP method. However, on account of arguments and facts discussed above internal CUP method (i.e. comparison of rates of interest charged to other AEs/JVs) cannot ... provisions have been introduced to remove the effect of related party transactions between the assessee and AEs located in different tax jurisdiction. Under the CUP method of transfer pricing adjustment, the international transactions of the assessee with its AE is compared with the transactions between two independent enterprises. The contention

Sasken Technologies Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

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

ITA 404/BANG/2017[2012-13]Status: DisposedITAT Bangalore30 Nov 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 404/Bang/2017 Assessment Year : 2012-13 M/S. Sasken Technologies Ltd., (Formerly Known As The Deputy Sasken Communication Commissioner Of Technologies Ltd.), Income Tax, No. 139/25, Domlur Circle – 6(1)(1), Ring Road, Vs. Bangalore. Bangalore – 560 071. Pan: Aaecs6424R Appellant Respondent : Shri Padam Chand Khincha, Assessee By Ca : Shri K. Sankar Ganesh, Jcit Revenue By Dr Itat Date Of Hearing : 15-11-2022 Date Of Pronouncement : 30-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Assessment Order Dated 31.01.2017 Passed By Ld.Dcit, Circle – 6(1)(1), Bangalore For A.Y. 2012-13 On Following Concise Grounds Of Appeal: “1. General:- The Learned Ao & The Drp Erred In Passing The Order / Directions In The Manner Passed By Them. The Orders Passed Being Bad In Law Is Liable To Be Quashed.

For Respondent: Shri Padam Chand Khincha
Section 133(6)Section 2(24)Section 92BSection 92C

Uncontrolled Price Method adopted by the Appellant as the most appropriate method; b. Rejecting the transfer pricing analysis undertaken by the Appellant under the CUP Method without giving any cogent reasons and on unjustifiable grounds; c. Rejecting the CUP Method without appreciating that the Assessee had rendered/received similar services to/from ... 404/Bang/2017 outstanding. The interest was charged at LIBOR plus 300 points. It is submitted that the assessee adopted the CUP Method to justify the interest charged. 4.1 It is submitted that in the TP report, the assessee adopted the Emerging Market v3.1 RiskCalc model for analyzing the credit quality

Jm Morgan Stanley Securities P. Ltd, Mumbai vs. Addl CIT 4(3), Mumbai

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

ITA 7118/MUM/2010[2006-07]Status: DisposedITAT Mumbai25 Nov 2022AY 2006-07

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Sunil M. LalaFor Respondent: Ms. Vatsalaa Jha
Section 143(3)Section 144C(13)Section 144C(5)Section 14ASection 40Section 40A(2)

most appropriate method for determining the ALP for the broking commission eamed on trades executed on behalf of the AES. 1.3. While applying the CUP method, by not granting an adjustment based on the comparability analysis, for:  the entire marketing costs;  research costs; and  at least 50% for the significantly ... mean as permitted to the Appellant under the provisions of erstwhile section 92C(2) of the Act. 1.5 In applying the Comparable Uncontrolled Price (CUP) method and while applying the CUP method, by not appreciating that during the previous year ended on 31 March 2006, the AE had also entered

M/S. Praxair India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, both the appeals of the assessee in IT(TP)A No

ITA 199/BANG/2021[2015-16]Status: DisposedITAT Bangalore22 Nov 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri T. Suryanarayana, Senior A.RFor Respondent: Shri K. Sankar Ganesh, D.R
Section 143Section 143(3)Section 92C

payment towards technical service fee to AE at INR 13,23,18,570/- at 1% of net sales on ad-hoc basis using CUP method despite not following the provisions prescribed in clause (a) of the sub-rule (1) of Rule 10B of the Rules for determining ... length by the appellant in its TP Study by comparing it with 4 uncontrolled comparables (though of multiple years) by CUP method. However, the TPO was of the view that the comparison with non-convertible debentures of years other than the relevant FYs was not valid comparisons and therefore

M/S Praxair India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-2, Bangalore

In the result, both the appeals of the assessee in IT(TP)A No

ITA 3336/BANG/2018[2014-15]Status: DisposedITAT Bangalore22 Nov 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri T. Suryanarayana, Senior A.RFor Respondent: Shri K. Sankar Ganesh, D.R
Section 143Section 143(3)Section 92C

payment towards technical service fee to AE at INR 13,23,18,570/- at 1% of net sales on ad-hoc basis using CUP method despite not following the provisions prescribed in clause (a) of the sub-rule (1) of Rule 10B of the Rules for determining ... length by the appellant in its TP Study by comparing it with 4 uncontrolled comparables (though of multiple years) by CUP method. However, the TPO was of the view that the comparison with non-convertible debentures of years other than the relevant FYs was not valid comparisons and therefore

M/S United Spirits Limited, Bangalore vs. Joint Commissioner of Income Tax Special Range-7, Bangalore

In the result, ground 7 is allowed for statistical purposes

ITA 3091/BANG/2018[2014-15]Status: DisposedITAT Bangalore22 Nov 2022AY 2014-15

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.3091/Bang/2018 : Asst.Year 2014-2015 M/S.United Spirits Limited The Joint Commissioner Of 6Th Floor, Ub Towers, Income-Tax, Special Range-7 V. Bangalore. # 24 Vittal Mallya Road Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent)

For Appellant: Sri.Percy Pardiwala, Senior Counsel and Sri.Ankur Pai, AdvocateFor Respondent: Sri. Manjunath Karkihalli, CIT –DR
Section 115PSection 143(2)Section 143(3)Section 14ASection 234BSection 36(1)(iii)Section 92C

imputed the interest at the rate of 14.86%, i.e., SBI Prima Lending Rate (SBI PLR) has been the alleged ALP by following CUP method. The view taken by the TPO was affirmed by the DRP. 6.1 Aggrieved, the assessee has raised this issue before the Tribunal. We find an identical ... such a transaction between independent enterprises is at all hypothetically possible, the arm's length interest on such funding will be 'nil' under the CUP method. Further, it was held that if there has to be an arm's length consideration under the CUP method, other than interest, for such

Brinks India P.Ltd (Formerly Known As Brinks Arya (India ) Private Limited, Mumbai vs. DCIT Central Cir 6(4), Mumbai

In the result, the present appeal preferred by the Assessee is allowed

ITA 7071/MUM/2017[2013-14]Status: DisposedITAT Mumbai15 Nov 2022AY 2013-14
For Appellant: Shri Farrokh V IraniFor Respondent: Ms. Samruddhi Dhananjay Hande
Section 143(3)Section 144C(1)Section 144C(13)Section 144C(5)Section 92C

most appropriate method which was not accepted by the TPO who adopted Comparable Uncontrolled Price ITA. No. 7071/Mum/2017 Assessment Year: 2013-14 (CUP) Method as the most appropriate method. During the Assessment Year 2013-14, Management Fee has been benchmarked using „Other Method‟ and the details/documents along with working ... Assessment Year 2013-14. The TPO, therefore, proceeded to determine ALP of the aforesaid international transaction on the basis of information/documents available by applying CUP Method as the most appropriate method on the same basis as was done in the Assessment Year 2012-13. Taking the base of 750 hours

Diastar Jewellery Pvt. Ltd., Mumbai vs. ITO - 8(1)(3), Mumbai

In the result, the present appeal is partly allowed

ITA 5313/MUM/2016[2005-06]Status: DisposedITAT Mumbai15 Nov 2022AY 2005-06
For Appellant: Shri Jitendra SinghFor Respondent: Ms. Samruddhi D Hande
Section 143(3)Section 68Section 92C

Method which has been accepted by TPO but in fact as it appears from the order passed by TPO, that he has adopted internal CUP method when he applied margin of non-AE to the transaction of the assessee with it‟s A.E. Keeping in view all these facts

Thyssenkrupp Idustrial Solutions (India) P. Ltd, Mumbai vs. DCIT 15(3)(1), Mumbai

In the result, appeal filed by the assesse is partly allowed for statistical purpose as per above terms

ITA 1957/MUM/2017[2012-13]Status: DisposedITAT Mumbai07 Nov 2022AY 2012-13

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Thyssenkrupp Industrial V. Dcit – Range – 15(3)(1) Solutions (India) Private Limited Room No. 451, 4Th Floor {Formerly Known As Uhde India Aayakar Bhavan, M.K. Road Private Limited} Mumbai - 400020 Uhde House, L.B.S. Marg Vikhroli (W), Mumbai - 400083 Pan: Aaacu1416H Appellant Respondent Assessee Represented By : Shri M.M. Golvala & Shri H. Jamshedji Revenue Represented By : Shri Samual Pitta

Section 144CSection 234BSection 234D

learned TPO failed to consider that the reimbursements are paid, on actuals basis without any mark-up and further erred in rejecting the CUP method followed, without applying any method himself. 4A. The learned Deputy Commissioner of Income-Tax erred in disallowing provisions for costs incurred on completed contracts amounting

Hanyang Automotive India Pvt Ltd., Kancheepuram vs. DCIT, Chennai

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

ITA 439/CHNY/2016[2011-12]Status: DisposedITAT Chennai04 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 439/Chny/2016 िनधा"रण वष" / Assessment Year: 2011-12

For Appellant: Shri. S. Palanikumar, CIT
Section 143(3)Section 144C(1)Section 144C(5)Section 92C

fresh consideration, in view of subsequent developments as per which for assessment year 2012-13, the assessee has followed internal CUP method to determine ALP of transactions with its AE. Although, for impugned assessment year, the assessee has followed TNMM method as most appropriate method, but subsequently it has been ... noted that internal CUP is the best method to determine ALP of international transactions and thus, the assessee has adopted internal CUP method for assessment year 2012-13 and the TPO has accepted the method followed by the assessee. Therefore, to give one more opportunity to the assessee, the matter

Howden Solyvent (India) Pvt. Ltd., Chennai vs. DCIT, Chennai

Appeal stands partly allowed in terms of our above order

ITA 732/CHNY/2015[2010-11]Status: DisposedITAT Chennai31 Oct 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Darpan Kripalani (Advocate) &For Respondent: Dr. S. Palani Kumar- CIT-DR
Section 143(3)Section 144C(5)Section 234BSection 43B

case the Ld. AO and the Hon’ble DRP erred in rejecting be economic analysis submitted by the appellant and adopted Comparable Uncontrolled Price (CUP) Method as the most appropriate method for the international transaction of parent of management service lee by the appellant and thereby determining the Arms length ... alleged that no services were received by the assessee. The Ld. TPO also held that TNMM was to be rejected and Comparable Uncontrolled Price (CUP) method was to be adopted as most appropriate method (MAM) since combining all AE transactions and benchmarking the same under TNMM would

Mfx Infotech Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 4(1)(2), Bangalore

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

ITA 251/BANG/2021[2016-17]Status: DisposedITAT Bangalore21 Oct 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.It(Tp)A No. 251/Bang/2021 (Assessment Year: 2016-17)

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Manjunath Karkihalli, CIT-DR
Section 133(6)Section 143(3)Section 144B

trade receivables from unrelated parties. 21. Assuming without admitting that interest on delayed receivables is added, the lower authorities have erred in: (a) adopting CUP method as the most appropriate method without justifying, how the same was the most appropriate method in the facts and circumstance of the case