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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

Ahlstrom Fibercomposites India Pvt. Ltd., Mundra (Kutch) vs. The Dy. Commr. of Income Tax, Gandhidham Circle, Gandhidham

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 437/RJT/2018[2014-15]Status: DisposedITAT Rajkot20 Dec 2023AY 2014-15

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 437/Rjt/2018 धििाधरणणवध/Asstt. Year:2014-2015 Ahlstrom Munksjo Vs. D.C.I.T, Fibercomposites(India) Pvt. Ltd., Gandhidham Circle, Mundra Sez Integrated Textile & Gandhidham. Apparel Park (Mitap), Plot No.07, Survey No.141, Mundra, Kutch-370421. Pan: Aagca9137M (Applicant) (Respondent) Assessee By : Shri Tushar Hemani, A.R Revenue By : Shri Shramdeep Sinha, C.I.T Dr सुिणाईकीतारीख/Date Of Hearing : 06/12/2023 घोवणाकीतारीख/Date Of Pronouncement: 20/12/2023 आदेश/O R D E R Per Waseem Ahmed:

For Appellant: Shri Tushar Hemani, A.RFor Respondent: Shri Shramdeep Sinha, C.I.T DR
Section 143(3)Section 144C(13)Section 37(1)Section 40Section 92

erred in and learned DRP has further erred in rejecting cost plus method ('CPM') adopted by the Appellant and selecting Transactional Net Margin Method ('TNMM') as the most appropriate method to determine the Arm's Length Price of sale of goods to AEs. 1.4. Without prejudice to the above ground ... further erred in confirming selection of certain functionally dissimilar companies as comparable to benchmark the international transaction of sales of goods to AEs under TNMM approach. 1.5. Without prejudice to earlier grounds that the TP documentation prepared by the Appellant is compliant with law and should be accepted, the Learned

Morgan Stanley India Company Private Limited, Mumbai vs. Neac, Delhi

In the result, the appeals of the assessee are partly allowed

ITA 594/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Nov 2023AY 2017-18

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

assessee has rendered broking services both to the associate enterprise and non-associate enterprises in different geographical locations. The assessee has used TNMM as most appropriate method for benchmarking the broking services. The TPO has rejected the TNMM method since the assesse has provided broking services to non- associate enterprise ... Morgan India Pvt. Ltd. for assessment year 2002-03 vide ITA No. 670/Mum/2006 dated 12.02.2014 wherein it has upheld the rejection of TNMM method and CUP has been accepted as most appropriate method for the purpose of benchmarking. 14. Before the TPO the assessee submitted that arithmetic mean of commission

Morgan Stanley India Company Pvt. Ltd., Mumbai vs. DCIT - Circle 4(3)(1), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 2435/MUM/2022[2018-19]Status: DisposedITAT Mumbai30 Nov 2023AY 2018-19

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

assessee has rendered broking services both to the associate enterprise and non-associate enterprises in different geographical locations. The assessee has used TNMM as most appropriate method for benchmarking the broking services. The TPO has rejected the TNMM method since the assesse has provided broking services to non- associate enterprise ... Morgan India Pvt. Ltd. for assessment year 2002-03 vide ITA No. 670/Mum/2006 dated 12.02.2014 wherein it has upheld the rejection of TNMM method and CUP has been accepted as most appropriate method for the purpose of benchmarking. 14. Before the TPO the assessee submitted that arithmetic mean of commission

Morgan Stanley India Co. P. Ltd., Mumbai vs. ITO, National E-Assessment Centre, Delhi

In the result, the appeals of the assessee are partly allowed

ITA 1009/MUM/2021[2016-17]Status: DisposedITAT Mumbai30 Nov 2023AY 2016-17

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

assessee has rendered broking services both to the associate enterprise and non-associate enterprises in different geographical locations. The assessee has used TNMM as most appropriate method for benchmarking the broking services. The TPO has rejected the TNMM method since the assesse has provided broking services to non- associate enterprise ... Morgan India Pvt. Ltd. for assessment year 2002-03 vide ITA No. 670/Mum/2006 dated 12.02.2014 wherein it has upheld the rejection of TNMM method and CUP has been accepted as most appropriate method for the purpose of benchmarking. 14. Before the TPO the assessee submitted that arithmetic mean of commission

Morgan Stanley India Company Pvt Ltd., Mumbai vs. Asst CIT Range 4 (3)(2), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 7550/MUM/2019[2015-16]Status: DisposedITAT Mumbai30 Nov 2023AY 2015-16

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

assessee has rendered broking services both to the associate enterprise and non-associate enterprises in different geographical locations. The assessee has used TNMM as most appropriate method for benchmarking the broking services. The TPO has rejected the TNMM method since the assesse has provided broking services to non- associate enterprise ... Morgan India Pvt. Ltd. for assessment year 2002-03 vide ITA No. 670/Mum/2006 dated 12.02.2014 wherein it has upheld the rejection of TNMM method and CUP has been accepted as most appropriate method for the purpose of benchmarking. 14. Before the TPO the assessee submitted that arithmetic mean of commission

Morgan Stanley India Company Pvt. Ltd., Mumbai vs. DCIT - RG. 4(3)(2), Mumbai

In the result, the appeals of the assessee are partly allowed

ITA 340/MUM/2019[2014-15]Status: DisposedITAT Mumbai30 Nov 2023AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhita Nos. 340 & 7550/Mum/2019 Ita Nos. 594 & 2435/Mum/2022 (A.Ys. 2014-15 To 2018-19) Morgan Stanley India Vs. Income-Tax Officer, Company Private Limited National E-Assessment 18F, B Wing, Tower-2, Centre, Delhi Oneworld Centre, 841, Senapati Bapat Marg, Mumbai – 400 013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacj4998F Appellant .. Respondent [ Appellant By : Sunil Motilala Respondent By : Manoj Kumar & Jancy Elizabeth Rani Date Of Hearing 27.09.2023 Date Of Pronouncement 30.11.2023

For Appellant: Sunil MotilalaFor Respondent: Manoj Kumar &
Section 154

assessee has rendered broking services both to the associate enterprise and non-associate enterprises in different geographical locations. The assessee has used TNMM as most appropriate method for benchmarking the broking services. The TPO has rejected the TNMM method since the assesse has provided broking services to non- associate enterprise ... Morgan India Pvt. Ltd. for assessment year 2002-03 vide ITA No. 670/Mum/2006 dated 12.02.2014 wherein it has upheld the rejection of TNMM method and CUP has been accepted as most appropriate method for the purpose of benchmarking. 14. Before the TPO the assessee submitted that arithmetic mean of commission