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“TNMM”

Transfer PricingSection 92CSection 92C2,208 judgments

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

Leading authorities on TNMM

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.

Bausch & Lomb Eye Care (India) Pvt. Ltd. v. Additional CIT
381 ITR 227 · 2016 · High Court
127
citing judgments

The existence of an international transaction must be established before its arm's length price can be determined. An alleged 'excessive' AMP expenditure cannot unilaterally expand the scope of an international transaction if its existence is contested.

SAP Labs India Pvt. Ltd. v. ACIT
44 SOT 156 · 2011 · ITAT
100
citing judgments

Foreign exchange fluctuation gains or losses are operational in nature and must be included in the computation of the operating margin for both the assessee and comparable companies when determining the Arm's Length Price.

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.

Ranbaxy Laboratories Ltd. v. ACIT
68 Taxmann.com 322 · 2016 · High Court
55
citing judgments

When benchmarking export transactions, the Associated Enterprise (AE) can be considered the tested party if it possesses the least complex functional analysis. The Assessing Officer's acceptance of a methodology in prior years can also support its use.

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.

Capital IQ Information Systems India Pvt. Ltd. v. DCIT
32 Taxmann.com 21 · 2013 · ITAT
44
citing judgments

A change in depreciation policy impacts an entity's profitability, which is a key factor in assessing its suitability as a comparable company for transfer pricing analysis.

Electronic for Imaging (I) Pvt. Ltd. v. DCIT
85 Taxmann.com 124 · 2017 · ITAT
38
citing judgments

Comparability of a company for transfer pricing purposes must be decided afresh by the TPO after considering the facts recorded in prior tribunal decisions. The tribunal may direct exclusion of comparable companies based on such prior decisions.

Judgments citing TNMM

Gallagher Insurance Brokers Private Limited, Mumbai vs. The Principal Commissioner of Income Tax-3, Mumbai

In the result, we set-aside the said findings of the ld PCIT as well

ITA 3778/MUM/2025[2020-21]Status: DisposedITAT Mumbai05 Aug 2025AY 2020-21

Bench: Shri Vikram Singh Yadav & Shri Sandeep Gosainassessment Year : 2020-21 Gallagher Insurance Brokers The Principal Commissioner Of Private Limited, Income Tax-3, Unit No. 34, Tower-3, Vs. Room No. 612, 6Th Floor, 4Th Floor, Wing-B, Aayakar Bhavan, Kohinoor City Mall, Maharshi Karve Road, Kohinoor City, Mumbai-400020. Kirol Road, Kurla West, Mumbai-400070. Pan : Aaaci7196J (Appellant) (Respondent) Assessee By : Shri Mahadev P. Lohia Revenue By : Shri Swapnil Choudhary Date Of Hearing : 31-07-2025 Date Of Pronouncement : 05-08-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax-Mumbai-3 [„Ld.Pcit‟], Dated 28-03-2025 Passed U/S. 263 Of The Income Tax Act, 1961 („The Act‟), Pertaining To Assessment Year (Ay) 2020-21. 2. During The Course Of Hearing, The Ld.Ar Taken Us Through The Findings Of The Ld.Pcit, Which Are Contained At Paragraph No. 7.2 & 7.3 Of The Impugned Order & The Contents Thereof Read As Under:

For Appellant: Shri Mahadev P. LohiaFor Respondent: Shri Swapnil Choudhary
Section 263Section 40aSection 80G

Order pronounced in the open court on 05-08-2025 [SANDEEP GOSAIN] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 05-08-2025 TNMM Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file By Order Dy./Asst

Sotc Travel Limited, Mumbai vs. DCIT Circle 3(3)(1), Mumbai

In the result, the ground is allowed for statistical purposes

ITA 3758/MUM/2025[2023-24]Status: DisposedITAT Mumbai05 Aug 2025AY 2023-24

Bench: Shri Vikram Singh Yadav & Shri Sandeep Gosainassessment Year : 2023-24 Sotc Travel Limited, Dcit, Circle-3(3)(1), 13Th Floor, Aayakar Bhavan, Marathon Futurex, Vs. Maharshi Karve Road, Nm Joshi Marg, New Marine Lines, Delisle Road, S.O., Mumbai-400020. Lower Parel, Mumbai-400013. Pan : Aagcs6725D (Appellant) (Respondent) Assessee By : Ms. Pratiksha P.Jain Revenue By : Shri Swapnil Choudhary Date Of Hearing : 31-07-2025 Date Of Pronouncement : 05-08-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Addl/Jcit(A)-2, Kolkata [„Ld.Cit(A)‟], Dated 29-03-2025, Pertaining To Assessment Year (Ay) 2023-24. 2. During The Course Of Hearing, The Ld.Ar Taken Us Through Ground No.2 Of The Assessee‟S Appeal & Submitted That The Addl/Jcit(A) Has Erred In Sustaining The Action Of The Ao/Cpc, In Making The Addition Of Rs.18,11,71,802/- U/S. 41(1) Of The Act, Without Appreciating That The Said Amount Has Already Been Considered By The Assessee While Filing Its Return Of Income & The Same Resulted In Double Taxation. In This Regard, Our

For Appellant: Ms. Pratiksha P.JainFor Respondent: Shri Swapnil Choudhary
Section 143(1)(a)Section 41(1)

Order pronounced in the open court on 05-08-2025 [SANDEEP GOSAIN] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 05-08-2025 TNMM Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file By Order Dy./Asst

Ambattur Clothing Limited, Chennai vs. DCIT Company Circle 1(1), Chennai

ITA 1957/CHNY/2017[2013-14]Status: DisposedITAT Chennai31 Jul 2025AY 2013-14

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1957/Chny/2017 निर्धारण वर्ष / Assessment Year: 2013-14 M/S. Ambattur Clothing Ltd [Now Demerged & Known As M/S. Ambattur Fashion India Pvt. Ltd.] No.86/E-2, Ambattur Industrial Estate Ambattur, Chennai– 600 058. (Pan:Aaaca-4127-D) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/Appellant By प्रत्यर्थी की ओर से/Respondent By सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement The Deputy Commissioner Of Vs. Income-Tax, Corporate Circle -1(1), Chennai. (प्रत्यर्थी/Respondent) Shri. Sp Chidambaram, Advocate. Mr. Arv Sreenivasan, Cit. 09.07.2025 31.07.2025 आदेश /Order Per S. R. Raghunatha, Am : The Present Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 21.06.2017 Of The Deputy Commissioner Of Income Tax, Corporate Circle 1(1) For The Assessment Year 2013-14 Passed In Compliance To Directions Of Dispute Resolution Panel-2, Bengaluru (Drp) Vide Order Dated 11.05.2017. 2. The Brief Facts Of The Case Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Sale Of Readymade Garments To Ae & Non- Ae'S. The Assessee Filed Its Return Of Income For The A.Υ.2013-14 On 30.11.2013 Declaring A Total Income Of Rs.11,57,20,670/-. The Case Was Selected For Scrutiny Through Cass & Accordingly Statutory Notices Were Issued To The Assessee. A :-2-:

Section 92C

length except the international transaction of Sale of readymade garments. The TPO rejected the CUP method analysis for Sale of Readymade garments and adopted TNMM with external comparable companies and arrived at three comparable companies viz., - Mangalam Ventures Ltd., - Mwwnakshi (India) Ltd and - Nash Fashions (India) Ltd arriving at arithmetic ... held that the analysis of the assessee does not qualify as CUP and hence the TPO proposed to benchmark the transaction under TNMM. Thus, the TPO rejected CUP method for this international transaction and has considered TNMM as the most appropriate method by adopting three external comparable companies. Accordingly

Gunnebo India Employees Provident Fund, Mumbai vs. ITO Ward 1(1), Mumbai

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

ITA 4193/MUM/2025[2016-17]Status: DisposedITAT Mumbai31 Jul 2025AY 2016-17

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2016-17 Gunnebo India Employees Income Tax Officer, Provident Fund, Ward-1(1), Unit No.2, 1St Floor, Vs. Thane-400601. Akruti Smc, Next To Msrtc Depot, Lbs Marg, Khopat, Thane (W), Mumbai-400601. Pan : Aaaas5921K (Appellant) (Respondent) For Assessee : Ms. Hemlata Bhungare For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl./Jcit(A)-8, Delhi [„Ld.Cit(A)‟], Dated 28-02-2025, Pertaining To Assessment Year (Ay) 2016-17. 2. At The Outset, It Is Noted That There Is A Delay Of 54 Days In Filing The Appeal As Pointed Out By The Registry. After Hearing Both The Parties & Taking Into Consideration The Affidavit Placed On Record Seeking Condonation Of Delay, We Find That There Was Reasonable Cause For The Delay

For Appellant: Ms. Hemlata BhungareFor Respondent: Shri Surendra Mohan, Sr.DR
Section 10(25)Section 143(3)

Order pronounced in the open court on 31-07-2025. [RAHUL CHAUDHARY] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 31-07-2025 TNMM Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file By Order Dy./Asst

Haresh Nagindas Mehta, Mumbai vs. The Income Tax Officer, Ward 26(1)(7), Mumbai

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

ITA 2947/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2012-13 Haresh Nagindas Mehta, The Income Tax Officer, B/6, Samadhan Bldg, Ward-26(1)(7), L.T. Road, Mulund (E), Vs. Kautilya Bhavan, Mumbai-400081. Mumbai-400051. Pan : Aabpm4028K (Appellant) (Respondent) For Assessee : Ms. Neha Paranjpe For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-02-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. During The Course Of Hearing, The Ld.Ar Submitted That The Assessee Has Moved A Prayer For Admission Of The Following Additional Grounds Of Appeal: “Reopening Is Bad In Law: 1. The Reassessment Proceedings Initiated By The Ao & The Assessment Order Passed Pursuant To The Same Are Bad In Law & Without Jurisdiction

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri Surendra Mohan, Sr.DR
Section 142(1)Section 143(2)Section 144Section 148Section 69A

Order pronounced in the open court on 31-07-2025 [RAHUL CHAUDHARY] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 31-07-2025 TNMM 6 Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, ITAT, Mumbai 5) Guard file By Order Dy./Asst

Dow Chemical International, Mumbai vs. Addl /Joint/Dy. /Asstt Comm of Income Tax /ITO, Mumbai

The appeal is dismissed as withdrawn

ITA 1940/MUM/2021[2016-17]Status: DisposedITAT Mumbai31 Jul 2025AY 2016-17

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhri, Accou Ntant Member आयकर अपील सुं./Ita No. 1940/Mum/2021 (नििाारण वर्ा / Assessment Year: 2016-17) Dow Chemical V/S. The Dcit/Acit, Ward International Private बिाम 14(1)(2), Mumbai Limited The Godrej It Park, P2, 1St Additional/Joint/Deputy Floor, Block B, 02 Lbs /Assistant Commissioner Of Road, Godrej Business Income Tax/Income District Phirojshanagar, Tax Officer, National Vikhroli (W), Mumbai E-Assessment Centre, Delhi 400079 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacd4467B Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Hitesh Thakkar राजस्व की ओर से /Revenue By: Shri Bhagirath Ramawat Sr Dr

For Appellant: Shri Hitesh ThakkarFor Respondent: Shri Bhagirath Ramawat SR DR
Section 143(3)Section 144C(13)Section 153Section 92C

economic analysis undertaken by the Appellant 5. Erred in rejecting the economic analysis undertaken by the Appellant using Transactional Net Margin Method (TNMM), which was in accordance with the provisions of the Act read with the Indian Income-tax Rules, 1962 (the Rules'), for the determination of arm's length ... since the operating margin earned by the assessee from its business operations is at arm's length (based on net level margin analysis using TNMM) payment made for availing of IT services utilized in respect of business activities also meets the arm's length test. Inappropriate application of CUP method

Nielsen (India) P.Ltd, Mumbai vs. DCIT RG 6(1), Mumbai

The appeal is dismissed as withdrawn

ITA 3581/MUM/2015[2009-10]Status: DisposedITAT Mumbai31 Jul 2025AY 2009-10

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3581/Mum/2015 (नििाारण वर्ा / Assessment Year: 2009-10) M/S. Nielsen (India) V/S. Deputy Private Limited बिाम Commissioner Of (Formerly Known As Income Tax Range– Acnielsen Org-Marg 6(1), Mumbai Private Limited) Aaykar Bhavan, Mumbai 6Th Floor, Block C, Godrej It 400020 Park, 02, Godrej Business District, Lbs Marg, Phirojshanagar, Vikhroli (W), Mumbai 400079 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacm9279L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Paras S. Savla राजस्व की ओर से /Revenue By: Ms. Neena Jeph, Cit Dr

For Appellant: Shri Paras S. SavlaFor Respondent: Ms. Neena Jeph, CIT DR
Section 250Section 43B

learned AO/ CIT(A) ought to have accepted the Benchmarking exercise conducted by the appellant, appellant, using Transaction Net Margin Method ("TNMM') 1.6 as the most appropriate method. Addition in case of Provision of BPO Services - Rs. 3,85,43,801 1.7 The learned AO/ CIT(A) failed to appreciate ... adjustment needs to be deleted. 1.9. The leamed AO/CIT(A) ought to have considered the scientific benchmarking analysis of the appellant, using internal TNMM 1.10 The learned AO/ CIT(A) ought to have appreciated that the appellant's functional profile is of low risk service provider and not a high