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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

Fidelity Information Services India Private Limited, Punjab vs. Deputy Commissioner of Income Tax, Chandigarh

In the result, the appeal of the Revenue is dismissed

ITA 998/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh28 May 2025AY 2020-21

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 998/Chd/2024 निर्धारण वर्ष / Assessment Year: 2020-21 Fidelity Information Services Vs The Dcit, Chandigarh, India Private Ltd., 2Nd A-45, Industrial Area, Sector 74, Phase 8B, Sas Nagar. स्थायी लेखा सं./Pan No: Aagcs0395D अपीलार्थी/Appellant प्रत्यर्थी/Respondent Assessee By: Shri Vishal Kalra, Advocate & Ms. Sumisha, Ca Revenue By : Shri Manav Bansal, Cit Dr Date Of Hearing : 06.05.2025 Date Of Pronouncement : 28.05.2025 Hybrid Hearing Order Per Raj Pal Yadav, Vp The Assessee Is In Appeal Before The Tribunal Against The Assessment Order Dated 31.07.2024 Passed U/S 143(3) Read With Section 144C(13)/144B Of The Income Tax Act In

For Appellant: Shri Vishal Kalra, Advocate & Ms. Sumisha, CAFor Respondent: Shri Manav Bansal, CIT DR
Section 139(1)Section 143(2)Section 143(3)Section 144C(13)Section 234ASection 270A

roll back years and covers the international transaction of provision of software development services and reimbursement of expenses as so described therein and TNMM has been determined as per the most appropriate method with the assessee being the tested party and operating profit margin being

Volkswagen Group Technology Solutions India Pvt. Ltd., Pune vs. National Faceless Assessment Center, Assessment Unit Delhi, Delhi

In the result, appeal of the assessee is partly allowed

ITA 1950/PUN/2024[2020-21]Status: DisposedITAT Pune28 May 2025AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1950/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Volkswagen Group Technology V National Faceless Solutions India Pvt. Ltd., S Assessment Center, Embassy Techzone, 9Th Floor, Assessment Unit, Delhi. 1.3 Congo Building, Rajiv Gandhi, Infotech Park, Infotech Park Hinjavadi, Pune – 411057. Maharashtra. Pan: Aafcv1368L Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 28/05/2025

Section 143(3)Section 144BSection 153Section 92C(1)Section 92C(3)

above additional ground.” Submission of ld.AR : 2. Ld.AR for the Assessee submitted that Assessee is providing I.T.Services to its AEs’. The Assessee has considered TNMM as the most appropriate method to benchmark the international transaction. In the Transfer Pricing Study Report, Assessee has considered Foreign Exchange Gain as well ... from the Group companies. ITA No.1950/PUN/2024 [A] 2. As per the TP study report maintained by the Assessee, the Transactional Net Margin Method (TNMM) was considered to be the most appropriate method to benchmark the various international transactions entered into by the Assessee for the said AY. The Assessee