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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

Manjula H. Vira, Mumbai vs. ACIT 27(2), Mumbai, Navi Mumbai

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

ITA 2923/MUM/2023[2015-2016]Status: HeardITAT Mumbai09 Dec 2024AY 2015-2016

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2015-16 Manjula H. Vira, Acit-27(2), 1201, Kailash Palace, Tower No. 6, 4Th Floor, Upashray Lane, Vs. Vashi Railway Station Complex, Ghatkopar (East), Vashi, Mumbai. Navi Mumbai. Pan : Anips5867Q (Appellant) (Respondent) For Assessee : Shri Neelkanth Khandelwal, For Revenue : Shri R.R. Makwana, Sr.Dr Date Of Hearing : 04-12-2024 Date Of Pronouncement : 09-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assesseee Has Filed This Appeal Challenging The Order Dated 04-08-2023 Passed By The Ld.Cit(A)-Nfac, Delhi & It Relates To The Assessment Year (Ay.) 2015-16. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Confirming The Addition Of Rs.3.28 Crores Relating To Sale Prices Of Shares Added By The Ao U/S 68 Of The Income Tax Act, 1961 („The Act‟) & Also The Addition Of Rs.9,83,123/- Relating To Estimated Commission Expenses Made U/S 69C Of The Act.

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri R.R. Makwana, Sr.DR
Section 10(38)Section 131Section 68Section 69C

assessee is allowed. Order pronounced in the open court on 09-12-2024 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Date: 09-12-2024 TNMM 13 Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, “D” Bench, Mumbai 5) Guard file By Order

Dharmesh Ramesh Jhaveri, Mumbai vs. The Assessing Officer, Assessment Unit Faceless Assessments, Delhi

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

ITA 5472/MUM/2024[2017-18]Status: DisposedITAT Mumbai04 Dec 2024AY 2017-18

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2017-18 Dharmesh Ramesh Jhaveri, The Asst./Dy. Commissioner Of 1 & 2,Bhagyodaya Building, Income Tax, Sarojini Road, Vs. Circle-2(2)(1), Vile Parle (West), Room No. 545, 5Th Floor, Mumbai. Aayakar Bhavan, Pan : Aacpj6530G M.K. Road, Mumbai. (Appellant) (Respondent) For Assessee : Shri Lalchand Choudhary, For Revenue : Shri R.R. Makwana, Sr.Dr Date Of Hearing : 04-12-2024 Date Of Pronouncement : 04-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assessee Has Filed This Appeal Challenging The Order Dt. 28-08- 2024 Passed By The Ld. Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟] & It Relates To Ay. 2017-18. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Confirming The Addition Of Rs.50.06 Lakhs Made By The Ao U/S. 56(2)(Vii)(B)(Ii) Of The Income Tax Act, 1961 („The Act‟).

For Appellant: Shri Lalchand ChoudharyFor Respondent: Shri R.R. Makwana, Sr.DR
Section 56(2)(vii)

assessee is allowed. Order pronounced in the open court on 04-12-2024 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Date: 04-12-2024 TNMM 6 Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, “D” Bench, Mumbai 5) Guard file By Order

Asstt. Commissiner of Income Tax-6(1)(1), Mumbai vs. Alok Infrastructure P. Ltd, Mumbai

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

ITA 5254/MUM/2024[2018-19]Status: DisposedITAT Mumbai04 Dec 2024AY 2018-19

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2018-19 Asst. Commissioner Of M/S. Alok Infrastructure Income Tax-6(1)(1), Private Limited, 5Th Floor, Vs. 2Nd & 3Rd Floor, Aayakar Bhavan, Tower-B, M.K. Road, Peninsula Business Park, Mumbai. G.K. Marg, Lower Parel, Mumbai. Pan : Aagca1949P (Appellant) (Respondent) For Assessee : Shri Nimesh Vora & Ms. Moksha Mehta For Revenue : Shri Akshay Tapdiya, Sr.Dr Date Of Hearing : 21-11-2024 Date Of Pronouncement : 04-12-2024 O R D E R Per B.R. Baskaran, A.M : The Revenue Has Filed This Appeal Challenging The Order Dated 09-08-2024 Passed By Ld.Cit(A)-Nfac, Delhi & It Relates To The Assessment Year (Ay) 2018-19. The Revenue Is Challenging The Relief Granted By The Ld.Cit(A) In Respect Of Following Additions Made By The Assessing Officer (Ao):- (A) Addition Made U/S 14A Of The Income Tax Act, 1961 („The Act‟); (B) Disallowance Of Expenses Related To The Assets Sold; (C) Disallowance Of Claim Of Write Off Of Cement Bags.

For Appellant: Shri Nimesh Vora &For Respondent: Shri Akshay Tapdiya, Sr.DR
Section 14A

partly allowed. Order pronounced in the open court on 04-12-2024 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Date: 04-12-2024 TNMM 8 Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, “A” Bench, Mumbai 5) Guard file By Order Dy./Asst

Iljin Automotive Private Limited, Kanchipuram vs. DCIT Corporate Circle 2(2), Chennai

The appeal stand partly allowed in terms of our above order

ITA 1834/CHNY/2017[2013-14]Status: DisposedITAT Chennai03 Dec 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1834/Chny/2017 (िनधा)रणवष) / Assessment Year: 2013-14) M/S. Iljin Automotive Private Limited Dcit बनाम/ Plot No.B1 & B2, Sipcot Industrial Park Corporate Circle-2(2), Irungattukottai, Sriperumbudur Chennai. Vs. Kanchipuram-602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aaaci-2641-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sandeep Bagmar (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Shri A. Sasikumar (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 19-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-12-2024 आदेश / O R D E R

For Appellant: Shri Sandeep Bagmar (Advocate) - Ld. ARFor Respondent: Shri A. Sasikumar (CIT) - Ld. DR
Section 143(3)Section 144C(5)Section 32Section 43ASection 92CSection 92C(3)

India Ltd. was engaged in manufacturing of drive-train products and parts which could be said to be functionally comparable to the assessee. Under TNMM, strict product comparability was not necessity but broad functional comparability was the requirement. The assessee objected to rejection of comparable entities viz. M/s Automotive Stamping ... reported that both these entities were not persistent loss making entities but these entities had incurred loss only in the current year. Since, TNMM require broad comparability and these entities were initially selected as comparable entities and in view of the reporting made by Ld. TPO, we direct

Lords Freight (India) Private Ltd, Mumbai vs. Deputy Commissioner of Income Tax Circle 2(2)(1), Mumbai

In the result, the appeal of the assessee is treated as allowed

ITA 5239/MUM/2024[2022-23]Status: DisposedITAT Mumbai02 Dec 2024AY 2022-23

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year : 2022-23 Lords Freight (India) Private Deputy Commissioner Of Income Limited, Tax, Arena Space, Vs. Circle-2(2)(1), 10Th& 11Th Floor, 545, 5Th Floor, Plot No. 20, Jvlr, Aayakar Bhavan, Nr. Majas Bus Depot, M.K. Road, Jogeshwari (East), Mumbai. Mumbai. Pan : Aaccl0108M (Appellant) (Respondent) For Assessee : Shri Devendra Jain For Revenue : Shri Akshay Tapdiya, Sr.Dr Date Of Hearing : 21-11-2024 Date Of Pronouncement : 02-12-2024 O R D E R Per B.R. Baskaran, A.M : The Assessee Has Filed This Appeal Challenging The Order Dated 07-08-2024 Passed By The Ld. Addl/Jcit(A)-1, Vadodara & It Relates To The Assessment Year (Ay.)2022-23. The Assessee Is Aggrieved By The Decision Of The Ld.Cit(A) In Dismissing The Appeal Of The Assessee In Limine, Without Condoning The Delay Of Around Thirty Days In Filing The Appeal Before The Ld.Cit(A). 2. The Ld.Ar Submitted Thatthe Return Of Income Filed By The Assessee Was Initially Processed U/S. 143(1) Of The Income Tax Act, 1961 („The Act‟) On 26-07-2023 Making Various Adjustments To The Returned Income. Hence, The Assessee Filed Appeal Against The Above Said Intimation Before Ld Cit(A) & The Same Is Pending Before Him.

For Appellant: Shri Devendra JainFor Respondent: Shri Akshay Tapdiya, Sr.DR
Section 143(1)Section 143(3)

treated as allowed. Order pronounced in the open court on 02-12-2024 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Date: 02-12-2024 TNMM 3 Copy to : 1) The Appellant 2) The Respondent 3) The CIT concerned 4) The D.R, “A” Bench, Mumbai 5) Guard file By Order