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“transactional net margin method”

Transfer PricingSection 92CSection 92C691 judgments

The decision most relied on for transactional net margin method is Rampgreen Solutions Pvt. Ltd. v. CIT (377 ITR 533), cited in 196 judgments on BharatTax.

Leading authorities on transactional net margin method

Rampgreen Solutions Pvt. Ltd. v. CIT
377 ITR 533 · 2015 · High Court
196
citing judgments

Knowledge Process Outsourcing (KPO) service providers are functionally dissimilar to Business Process Outsourcing (BPO) or Information Technology Enabled Services (ITeS) providers and cannot be compared for transfer pricing purposes, even under the Transactional Net Margin Method (TNMM). Further, companies with significantly different business models, such as those with extensive subcontracting, should be excluded as comparables.

DIT (IT) v. Morgan Stanley & Co Inc.
162 Taxmann 165 · 2007 · Supreme Court
90
citing judgments

The profits of a Permanent Establishment (PE) must be determined on the basis of what an independent enterprise would derive, using the Transactional Net Margin Method (TNMM) for profit attribution. When applying TNMM, the operating profit from an international transaction should be compared with the operating profit margin of comparables.

CIT v. Pentair Water India (P.) Ltd.
381 ITR 216 · 2016 · High Court
69
citing judgments

Companies with significantly higher turnover, indicating differing functional and risk profiles, are not comparable for transfer pricing benchmarking. Such large companies must be excluded from the list of comparables when benchmarking against an assessee with a much smaller turnover.

Huawei Technologies India Pvt. Ltd. v. JCIT
101 Taxmann.com 313 · 2019 · ITAT
67
citing judgments

Working capital adjustments are permissible and crucial for comparability analysis when determining the arm's length price of international transactions, especially when an assessee's claim for such adjustment has been denied.

Trilogy E-Business Software India (P.) Ltd. v. Dy. CIT
29 Taxmann.com 310 · 2013 · ITAT
48
citing judgments

For Transfer Pricing, this case clarifies that foreign exchange gains can be considered operating revenue for ITES providers, acknowledges the impact of offshore versus onsite development pricing on margins even when using TNMM, and affirms the use of a turnover filter for selecting comparable companies.

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.

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.

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.

Judgments citing transactional net margin method

Ocwen Financial Solutions Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Special Range-5, Bangalore

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

ITA 342/BANG/2021[2016-17]Status: DisposedITAT Bangalore14 Oct 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.342/Bang/2021 : Asst.Year 2016-2017 M/S.Ocwen Financial Solutions The Assistant Commissioner Private Limited Of Income-Tax V. Pritech Park, Survey No.51 To Special Range – 5 64/4, Block No.12, Unit 2, 5B & Bangalore. 6A Floors, Bellandur Village, Sarjapur Marathahalli Ring Road Bengaluru – 560 103. Pan : Aaaco3764E. (Appellant) (Respondent) Appellant By : Sri.Ankur Pai & Sri. K.R.Vasudevan, Advocates Respondent By : Sri.K.Sankar Ganesh, Jcit-Dr Date Of Pronouncement : 14.10.2022 Date Of Hearing : 13.10.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Providing It Enabled Services To Ocwen Mortgage Servicing Inc. Usvi. The Assessee Is A Wholly Owned Subsidiary Of Ocwen Asia Holdings Limited, Mauritius. For The Assessment Year 2016-2017, The Return Of Income Was Filed On 29.11.2016 Declaring Total Income Of Rs.93,31,44,800. The Case Was Selected For Scrutiny

For Appellant: Sri.Ankur Pai & Sri. K.R.Vasudevan, AdvocatesFor Respondent: Sri.K.Sankar Ganesh, JCIT-DR
Section 143(2)Section 143(3)

Rs.595,77,76,898 from its AEs in respect of ITES provided. The assessee in its TP study, had selected Transactional Net Margin Method (TNMM) as the most appropriate method and computed its margin at 15.82% on operating cost. As regards the selection of comparables, the assessee carried out search

Ge Be Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 304/BANG/2022[2017-18]Status: DisposedITAT Bangalore29 Sept 2022AY 2017-18

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.304/Bang/2022 Assessment Year : 2017-18 Vs. Dcit, M/S. Ge Be Pvt. Ltd., Circle – 3(1)(1), 60, Export Promotion Industrial Park, Bengaluru. Whitefield, Bengaluru – 560 066. Pan : Aaacg 6714 A Assessee Respondent Assessee By : Shri. Aliasgar Rampurawala, Ca Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 27.09.2022 Date Of Pronouncement : 29.09.2022 O R D E R Per N V Vasudevan

For Appellant: Shri. Aliasgar Rampurawala, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92(1)Section 92B(1)

assessee filed a Transfer Pricing Study (TP 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 ... methods, being the most appropriate method, in the following manner, namely :— (a) to (d).... IT(TP)A No.304/Bang/2022 Page 7 of 18 (e)transactional net margin method, by which,— (i) the net profit margin realised by the enterprise from an international transaction [or a specified domestic transaction] entered into with

Hp Pps Services India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-3(1)(2), Bangalore

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

ITA 278/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Sept 2022AY 2016-17

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 278/Bang/2021 Assessment Year : 2016-17 M/S. Hp Pps Services India Pvt. Ltd., The Deputy No. 24, Salarpuria Commissioner Of Arena, Income Tax, Hosur Main Road, Circle 3 (1)(1), Adugodi, Vs. Bangalore. Bangalore – 560 030. Pan: Aadch5825N Appellant Respondent : Shri Padamchand Assessee By Khincha, Ca : Shri Binod Kumar Singh, Revenue By Cit Dr Date Of Hearing : 22-08-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 29/03/2021 Passed By National E-Assessment Centre, Delhi For A.Y. 2016-17 On Following Grounds Of Appeal. “The Appellant Submits That: I. Transfer Pricing The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. 1. The Learned Assessing Officer ('Learned Ao'), Learned Transfer Pricing Officer ('Learned Tpo') & The Honourable Dispute Resolution Panel ('Hon'Ble Drp')

For Respondent: Shri Padamchand

length price of the international transactions in SWD/ITeS segments provided to the associated enterprises (AE) has been determined by applying Transactional Net Margin Method (TNMM), stating to be the most appropriate method in the facts and circumstances of the case. The operating profit to operating cost ratio has been taken

M/S Herbalife International India Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-11(4), Bangalore

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

ITA 2068/BANG/2017[2005-06]Status: DisposedITAT Bangalore29 Sept 2022AY 2005-06

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

motive, the question of making this adjustment becomes academic. Other Transfer pricing ground 10. Erred in rejecting analysis undertaken by the Appellant using Transactional Net Margin Method ("TNMM") analysis at an entity level to support the determination of arm's length price of all international transactions entered into with ... fees paid to AE as NIL without appreciating the commercial expediency of payment of administrative fees by the Appellant. 3. Erred in rejecting Transactional Net Margin method ("TNMM") as the most appropriate method to determine the arm's length price of the international transaction of payment of administrative fees

M/S Herbalife International India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-11(4), Bangalore

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

ITA 2067/BANG/2017[2003-04]Status: DisposedITAT Bangalore29 Sept 2022AY 2003-04

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

motive, the question of making this adjustment becomes academic. Other Transfer pricing ground 10. Erred in rejecting analysis undertaken by the Appellant using Transactional Net Margin Method ("TNMM") analysis at an entity level to support the determination of arm's length price of all international transactions entered into with ... fees paid to AE as NIL without appreciating the commercial expediency of payment of administrative fees by the Appellant. 3. Erred in rejecting Transactional Net Margin method ("TNMM") as the most appropriate method to determine the arm's length price of the international transaction of payment of administrative fees