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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

Anusha Pagadala, Hyderabad vs. Income Tax Officer, Ward-4(3), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 260/HYD/2024[2017-18]Status: DisposedITAT Hyderabad23 Apr 2024AY 2017-18

Bench: Shri K. Narasimha Charyआ.अपी.सं / Ita No. 260/Hyd/2024 (निर्धारण वर्ा / Assessment Year: 2017-18) Anusha Pagadala, Vs. Income Tax Officer, Hyderabad Ward-4(3), [Pan No. Clbpp3176L] Hyderabad अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Shri Sashank Dundu, Ar रधजस्‍व द्वधरध/Revenue By: Shri Ranjan Agarwala, Dr सुिवधई की तधरीख/Date Of Hearing: 10/04/2024 घोर्णध की तधरीख/Pronouncement On: 23/04/2024 आदेश / Order Aggrieved By The Order Dated 18/01/2024 Passed By The Learned Addl./Jcit(A)-2, Jaipur, (“Ld. Addl./Jcit(A)”), In The Case Of Anusha Pagadala (“The Assessee”) For The Assessment Year 2017-18, Assessee Preferred This Appeal. 2. Brief Facts Of The Case Are That The Assessee Is An Individual Having Rental Income. She Filed Her Return Of Income For The Assessment Year 2017-18 On 04/08/2017 Declaring Total Income Of Rs. 4,04,636/- As Income From House Property. The Case Was Selected For Scrutiny Through Cass To Verify Large Value Of Cash Deposits During Demonetization Period & Verification Of Sources Of Property Purchased. During The Course Of Assessment Proceedings, On The Ground Of The Part/Insufficient Compliance & Invalid Explanation From The Assessee Regarding Nature & Cash Deposits To The Tune Of Rs. 9 Lakhs With Supporting Documents, Learned Assessing Officer, By Order Dated 05/12/2019, Finalised The Assessment, Treating The Total Amount Of Rs. 9 Lakhs As ‘Un-Explained Money’ Under Section 69A Read With Section 115Bbe Of The Income Tax Act, 1961 (For Short “The Act”) For The Year Under Consideration & Added The Same To The Income Of The Assessee.

For Appellant: Shri Sashank Dundu, ARFor Respondent: Shri Ranjan Agarwala, DR
Section 115BSection 294Section 69A

statistical purposes. Order pronounced in the open court on this the 23rd day of April, 2024. (K. NARASIMHA CHARY) JUDICIAL MEMBER Hyderabad, Dated: 23/04/2024 TNMM Page 4 of 5 ITA No. 260/Hyd/2024

Tathwa Educational Society, Hyderabad vs. CIT (Exemptions), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 96/HYD/2024[2023-24]Status: HeardITAT Hyderabad10 Apr 2024AY 2023-24

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyआ.अपी.सं / Ita No. 96/Hyd/2024 (निर्धारण वर्ा / Assessment Year: 2023-24) Tathwa Educational Society, Vs. Cit (Exemptions), Hyderabad Hyderabad [Pan No. Aajat7398C] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती‍द्वधरध / Assessee By: Shri Snsr Chinmai, Ar रधजस्‍व‍द्वधरध / Revenue By: Shri Kumar Pranav, Cit-Dr सुिवधई‍की‍तधरीख/Date Of Hearing: 08/04/2024 घोर्णध की‍तधरीख/Pronouncement On: 10/04/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 26/12/2023 Passed By The Learned Commissioner Of Income Tax (Exemption)- Hyderabad (“Ld. Cit(E)”), In The Case Of Tathwa Educational Society (“The Assessee”), Assessee Preferred This Appeal. 2. At The Outset, Learned Ar Submitted That Though The Assessee Submitted The Requisite Information Sought By The Learned Cit(E), As Is Evidenced From The Information Incorporated In The Paper Book, Learned Cit(E) Did Not Refer To The Same While Passing The Impugned Order & Observed That The Assessee Failed To Furnish The Requisite Information, But As The Case Had To Be Decided In A Time Bound Manner, It Was Rejected For Want Of Information.

For Appellant: Shri SNSR Chinmai, ARFor Respondent: Shri Kumar Pranav, CIT-DR

statistical purposes. Order pronounced in the open court on this the 10th day of April, 2024. (RAMA KANTA PANDA) JUDICIAL MEMBER Hyderabad, Dated: 10/04/2024 TNMM Page 2 of 3 ITA No. 96/Hyd/2024