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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

Priti Pravin Kapadia, Mumbai vs. Income Tax Officer 28(2)(4), Mumbai

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

ITA 8460/MUM/2025[2011-12]Status: DisposedITAT Mumbai17 Dec 2025AY 2011-12

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2011-12 Priti Pravin Kapadia, Income Tax Officer, D/3/703, Moraj Residency, Ward-28(2)(4), Palm Beach Road, Vs. Tower No.6, Sector-16A, Vashi Railway Station, Sanpada East, Commercial Complex, New Mumbai–400705. Vashi, [Pan: Atbpk1174B] Navi Mumbai. (Appellant) (Respondent) For Assessee : Shri Kartik Kutmutia For Revenue : Shri Sunil Mathews, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order 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 28-10-2025, Pertaining To Assessment Year (Ay) 2011-12. 2. Briefly The Facts Of The Case Are That The Assessee Did Not File Any Return Of Income Originally U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟). Subsequently, Basis The Receipt Of Information That The Assessee Has Placed Time Deposit Of Rs. 19 Lakhs With Hdfc Bank, A Notice U/S. 148 Of 2 The Act Was Issued. In Response To The Said Notice, No Return Of Income Was Filed & Thereafter, After Issuance Of Notice U/S. 142(1) Of The Act & A Show Cause Notice Which Again Remain Non-Complied, The Assessment Was Completed U/S. 144 R.W.S. 147 Of The Act, Wherein The Ao Brought To Tax A Sum Of Rs. 19 Lakhs As Un-Explained Money U/S. 69B Of The Act.

For Appellant: Shri Kartik KutmutiaFor Respondent: Shri Sunil Mathews, Sr.DR
Section 139(1)Section 142(1)Section 144Section 148Section 69B

Order pronounced in the open court on 17-12-2025 [RAHUL CHAUDHARY] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 17-12-2025 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

Bella Vista Co Operative Housing Society Limited, Mumbai vs. ITO Ward 3(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6594/MUM/2025[2020-21]Status: DisposedITAT Mumbai17 Dec 2025AY 2020-21

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2020-21 Bella Vista Co-Operative Income Tax Officer, Housing Society Limited, Ward-3(1), 7Th Floor, Bella Vista, Vs. Room No. 3, 6Th Floor, 20A Oswal Park, B Wing, Pokharan Road-2, Ashar It Park, Road No.16Z, Thane, Wagle Industrial Estate, Maharashtra–400601. Thane (West), [Pan: Aadab2432M] Maharashtra-400604. (Appellant) (Respondent) For Assessee : Shri Ritesh Shiyal For Revenue : Shri B. Laxmi Kanth, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Addl/Jcit(A)-3, Bengaluru, Dated 26-09-2025, Pertaining To Assessment Year (Ay) 2020-21. 2. The Limited Issue For Consideration In The Present Matter Relates To Claim Of Exemption U/S 80P(2)(D) Of The Act By The Assessee Co-Operative Society In Respect Of Interest Income Earned On Deposits Placed With Co-Operative Banks.

For Appellant: Shri Ritesh ShiyalFor Respondent: Shri B. Laxmi Kanth, Sr.DR
Section 143(1)Section 154Section 80Section 80PSection 80P(1)Section 80P(2)(d)

Order pronounced in the open court on 17-12-2025 [RAHUL CHAUDHARY] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 17-12-2025 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

Neelkanth Realtors Limited, Mumbai vs. Income Tax Officer, Ward 3(2)(3), Mumbai

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

ITA 5206/MUM/2025[2017-2018]Status: DisposedITAT Mumbai17 Dec 2025AY 2017-2018

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2017-18 Neelkanth Realtors Limited, Income Tax Officer, 508, Dalamal House, Ward-3(2)(3), J.B. Marg, Vs. Maharshi Karve Road, Nariman Point, New Marinelines, Mumbai-400021. Mumbai-400020. Pan : Aaaca9796N (Appellant) (Respondent) For Assessee : Shri Pratik A. Mehta For Revenue : Shri Brajendra Kumar, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 17-12-2025 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 31-07-2025, Pertaining To Assessment Year (Ay) 2017-18. 2. Briefly Stated, Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring Total Income Of Rs. 10,71,080/-, Which Was Selected For Scrutiny & Notices U/S. 143(2) & 142(1) Of The Income Tax Act, 1961 („The Act‟) Were Issued. In Response, The Assessee Filed Its Submissions From Time To Time, Thereafter The Assessment Order Was Passed By The Ao

For Appellant: Shri Pratik A. MehtaFor Respondent: Shri Brajendra Kumar, Sr.DR
Section 143(2)Section 143(3)Section 14A

statistical purposes. Order pronounced in the open court on 17-12-2025 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Dated: 17-12-2025 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

Income Tax Officer/Ward-19(2)(2), Mumbai vs. Kruti Sandeep Shah, Mumbai

In the result, the appeal of the Revenue is disposed off in light of aforesaid directions

ITA 1968/MUM/2025[2009-10]Status: DisposedITAT Mumbai17 Dec 2025AY 2009-10

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2009-10 Income Tax Officer, Kruti Sandeep Shah, Ward-19(2)(2), 117, Navyug Nagar Forjet Hill 503, 5Th Floor, Vs. Road, Piramal Chambers, Mumbai-400007. Parel, [Pan: Aapps4121F] Mumbai-400012. (Appellant) (Respondent) For Assessee : Shri Sandeep Shah For Revenue : Shri Kiran K. Chhatrapati, Sr.Dr Date Of Hearing : 16-12-2025 Date Of Pronouncement : 17-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 23-01-2025, Pertaining To Assessment Year (Ay) 2009-10. 2. Briefly The Facts Of The Case Are That The Assessee Filed Her Return Of Income U/S. 139(1) Of The Income Tax Act, 1961 („The Act‟) On 26-09-2009, Declaring Total Income Of Rs. 4,04,880/-. The Return Was Processed U/S. 143(1) Of The Act. Subsequently, The Ao Was In Receipt Of Information From The Investigation Wing That The Assessee Has Obtained Accommodation

For Appellant: Shri Sandeep ShahFor Respondent: Shri Kiran K. Chhatrapati, Sr.DR
Section 139(1)Section 142(1)Section 143(1)Section 144Section 145(3)Section 148

Order pronounced in the open court on 17-12-2025 [RAHUL CHAUDHARY] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 17-12-2025 TNMM 4 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

Nikhil Vinod Raj Rathod Jain, Mumbai vs. Ward 23(2)(6), Mumbai

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

ITA 4709/MUM/2024[2012-13]Status: DisposedITAT Mumbai17 Dec 2025AY 2012-13

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2012-13 Nikhil Vinod Raj Rathod Jain, Income Tax Officer, 3Rd Floor, Ward-23(2)(6), Jitendra House, Vs. Piramal Chamber, 20/28, Marinelines, Mumbai. Mumbai-400002. Pan : Almpr4342P (Appellant) (Respondent) For Assessee : Shri Gourav Sharma (Virtually Present) For Revenue : Shri Rajesh Sakhardande, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 17-12-2025 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 23-03-2024, Pertaining To Assessment Year (Ay) 2012-13. 2. At The Outset, It Is Noted That The Co-Ordinate Bench Of The Tribunal Has Passed An Order Dt. 23-12-2024, Dismissing The Appeal Of The Assessee On Account Of Non-Prosecution & The Said Order Was Subsequently

For Appellant: Shri Gourav SharmaFor Respondent: Shri Rajesh Sakhardande, Sr.DR
Section 143(2)Section 148Section 68

statistical purposes. Order pronounced in the open court on 17-12-2025 (JUSTICE (RETD.) C.V. BHADANG) ACCOUNTANT MEMBER Mumbai, Dated: 17-12-2025 TNMM 7 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

Spectris Technologies Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purpose with above observations

ITA 3563/DEL/2014[2008-09]Status: DisposedITAT Delhi17 Dec 2025AY 2008-09

Bench: Shri C.N. Prasad & Shri Naveen Chandra[Assessment Year: 2008-09] Spectris Technologies Pvt. Vs. Acit Ltd., 201-B, Second Floor, New Delhi Park Centra, Sector -30 Gurgaon Pan No. Aagcs6654R Appellant Respondent Assessee By Sh. Tarandeep Singh, Advocate Revenue By Ms. Priya Goel, Sr. Dr Date Of Hearing 10.10.2025 Date Of Pronouncement 17.12.2025 Order Per C.N. Prasad, Jm, This Appeal Is Filed By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Appeals) -20, New Delhi Vide Order Dated 27.03.2014 For The A.Y. 2008-09. The Assessee Has Raised Following Grounds :- 1. That On The Facts & Circumstances Of The Case & In Law, The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)-Xx, New Delhi ("Cit(A)") Is Bad In Law.

Section 234BSection 92Section 92C

services together as a single business segment. 3.2 Rejecting the Resale Price Method adopted by the Appellant in favour of Transaction Net Margin Method (TNMM) as the most appropriate method for benchmarking the international transactions under AMC segment. 3.3 Selecting inappropriate comparable set in application of the transfer pricing methodology ... benefit of economic adjustment on account of difference in working capital and risk profile in arriving at the arm's length mean margin under TNMM. 8. That the Ld. AO erred in facts and in law in chanrging and computing interest under section 234B and 234D of the Act. That