“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

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

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

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

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

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

Triumph International (India) Private Limited, Kancheepuram vs. ACIT, Chennai

ITA 935/CHNY/2016[2011-12]Status: DisposedITAT Chennai18 Nov 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri S.P. Chidambaram (Advocate) -Ld. ARFor Respondent: Dr. S. Palanikumar (CIT)–Ld. DR

Section 143(3)

with its AEs. The transactions of sale and purchase of raw materials and sale of finished goods were benchmarked using Transactional Net Margin Method (TNMM). Taking Profit Level Indicator (PLI) as Operating Profit / Total Cost, the assessee computed its own margins at 22.83% after claiming adjustment of capacity utilization

Triumph International (India) Private Limited, Kancheepuram vs. ACIT, Chennai

ITA 987/CHNY/2015[2010-11]Status: DisposedITAT Chennai18 Nov 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri S.P. Chidambaram (Advocate) -Ld. ARFor Respondent: Dr. S. Palanikumar (CIT)–Ld. DR

Section 143(3)

M/S. Radisys India Limited (Formerly Known As Radisys India Private Limited), Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 5(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 190/BANG/2022[2017-18]Status: DisposedITAT Bangalore18 Nov 2022AY 2017-18

For Appellant: Shri Mahveer C Jain, A.RFor Respondent: Shri Binod Kumar Singh, D.R

Section 143(3)Section 144BSection 144C(13)

observed that following was the international transactions:- International Transactions Nature of Transaction Amount (in Rs.) Method Income from software 1,59,43,94,173 TNMM development services Income from marketing 2,56,61,965 TNMM support services Reimbursement of 1,35,13,207 Other method expenses Withholding from ... No.190/Bang/2022 M/s. Radisys India Limited, Bangalore Page 7 of 50 purchase of stock under ESPP scheme 2.2 The Ld.TPO observed that, the assessee used TNMM as the most appropriate method for determining the arm’s length price for both the services and OP/OC as the PLI. It computed its margin

Global E-Business Operations Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-5(3)(2), Bangalore

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

ITA 174/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Nov 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Shri Harinder Kumar, D.R

Section 144(3)Section 37Section 92C

above, he argued that ITeS services cannot be further. classified as BPO and KPO services for the purpose of comparability analysis. Under the TNMM, IT(TP)A No.174/Bang/2022 M/s. Global E-Business Operations Pvt. Ltd., Bangalore Page 31 of 75 functional similarity is more relevant than product similarity ... view of the above, ITeS services cannot be further classified as BPO and KPO services for the purpose of comparability analysis. Under the TNMM, functional similarity is more relevant than product similarity. Accordingly, ld. DR objected the plea of the assessee. Therefore, he stated that the company is functionally similar

M/S Alcon Laboratories India Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore

In the result, the appeals filed by the assessee in IT(TP)A No

ITA 3376/BANG/2018[2014-15]Status: DisposedITAT Bangalore16 Nov 2022AY 2014-15

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.2889/Bang/2017 It(Tp)A No.3376/Bang/2018 Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Percy Pardiwala, Sr. A.RFor Respondent: Shri Sankar Ganesh K., D.R

Section 143(3)

Appellant is included in the Profit Level Indicator ('PLI') used for the distribution activity, which is tested under the Transactional Net Margin Method ('TNMM'): the arm's length benchmarking and the comparable companies so adopted are not disputed by the learned TPO: 5. The learned DRP has erred, in facts ... does not arise. However, the transaction of expenditure on AMP should 'co treated as a part of aggregate of bundle of transactions on which TNMM should be applied in order to determine the ALP of its transactions with its AE. In other words, the transaction of expenditure on AMP cannot

Alcon Laboratories (India0 Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru

In the result, the appeals filed by the assessee in IT(TP)A No

ITA 2889/BANG/2017[2013-14]Status: DisposedITAT Bangalore16 Nov 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.2889/Bang/2017 It(Tp)A No.3376/Bang/2018 Assessment Years: 2013-14 & 2014-15

For Appellant: Shri Percy Pardiwala, Sr. A.RFor Respondent: Shri Sankar Ganesh K., D.R

Section 143(3)

Brinks India P.Ltd (Formerly Known As Brinks Arya (India ) Private Limited, Mumbai vs. DCIT Central Cir 6(4), Mumbai

In the result, the present appeal preferred by the Assessee is allowed

ITA 7071/MUM/2017[2013-14]Status: DisposedITAT Mumbai15 Nov 2022AY 2013-14

For Appellant: Shri Farrokh V IraniFor Respondent: Ms. Samruddhi Dhananjay Hande

Section 143(3)Section 144C(1)Section 144C(13)Section 144C(5)Section 92C

during the Assessment Year 2013- 14 were different. During the Assessment Year 2012-13, the Management Fee was benchmarked using Transaction Net Margin Method (TNMM) as the most appropriate method which was not accepted by the TPO who adopted Comparable Uncontrolled Price ITA. No. 7071/Mum/2017 Assessment Year ... decisions are given below. In the instant case, the assessee has consistently been benchmarking all of its transactions with the AE under TNMM from the beginning, for now over seven years. In all three previous assessment years i.e. from AY 2009-10 to 2011-12, wherein its international transactions with

Raymond Limited, Mumbai vs. Addl C.I.T. -2(3), Mumbai

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

ITA 2660/MUM/2008[2002-2003]Status: DisposedITAT Mumbai14 Nov 2022AY 2002-2003

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Raymond Limited V. Addl. Cit– Range 2(3) New Hind House 5Th Floor, Aayakar Bhavan Narottam Morarjee Marg M.K. Road, Mumbai - 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A (Appellant) (Respondent) Acit–2(3) V. M/S. Raymond Limited Room No. 555 New Hind House Aayakar Bhavan, Mumbai Narottam Morarjee Marg Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A (Appellant) (Respondent)

For Appellant: Shri Nitesh Joshi &For Respondent: Shri Samuel Pitta

Section 115JSection 14ASection 35DSection 92C

being higher than the profits of similarly placed Indian enterprises. The Assessee submits that this was based on the transactional net margin method (the TNMM) which has been followed by it in the later years. Pursuant thereto, no transfer pricing adjustment in respect thereof has been made for A.Ys ... later years. Therefore, the position is that the TNMM method for benchmarking commission payment has been accepted in the later years. Though, no working in this regard was produced before the TPO, the assessee provided the necessary working by way of additional evidence before the CIT(A) (pages

M/S. ACIT 2(3), Mumbai vs. Raymond Ltd., Mumbai

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

ITA 2519/MUM/2008[2002-2003]Status: DisposedITAT Mumbai14 Nov 2022AY 2002-2003

For Appellant: Shri Nitesh Joshi &For Respondent: Shri Samuel Pitta

Section 115JSection 14ASection 35DSection 92C

Ab Inbev Gcc Services India Private Limited (Earlier Known As Gcc Services India Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed as indicated hereinabove

ITA 290/BANG/2022[2017-18]Status: DisposedITAT Bangalore14 Nov 2022AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 290/Bang/2022 Assessment Year : 2017-18 M/S. Ab Inbev Gcc Services India Pvt. Ltd., (Earlier Known As Gcc Services India Pvt. Ltd.), The Deputy 12Th & 13Th Floor, Commissioner Of Peridot Block, Bagmane Income Tax, World Technology Centre Circle 3(1)(1), Sez, Vs. Bangalore. Marthalli Road, Kr Puram, Bangalore – 560 048. Pan: Aafcg8223M Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 20-09-2022 Date Of Pronouncement : 14-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Passed By The Nfac, Delhi Dated 21/02/2022 For A.Y. 2017-18 On Following Grounds Of Appeal:

For Appellant: Shri Chavali Narayan, CA

Section 115JSection 143(1)Section 244ASection 270ASection 92B

receivables are consequential/ closely linked to the principal transaction of provision of services and hence have been aggregated for determination of ALP under TNMM; c) Not appreciating the fact that the working capital adjustments undertaken take into account the impact of outstanding receivables of the controlled transactions ... Assessee had entered into the international transactions of provision of back office support services in the nature of IT enabled services. The Assessee applied TNMM as the most appropriate method and computed its margin that was within the range of the adjusted PLI (OP/OC) (i.e. after undertaking working capital adjustment

Praxair India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands allowed as indicated hereinabove

ITA 200/BANG/2021[2016-17]Status: DisposedITAT Bangalore14 Nov 2022AY 2016-17

For Respondent: Shri T. Suryanarayana

Section 92C

Without prejudice. the learned AO/ learned TPO/ Hon'ble DRP erred in ignoring the justification of ALP of payment towards royalty using TNMM as provided in the TP Report and erred in not appreciating the fact that OECD guidelines and the Tribunal rulings have approved of Page ... 200/Bang/2021 aggregation of closely linked transactions by applying TNMM. II. Corporate Tax 7. Disallowance of expenditure under section 14A of the Act by applying the provisions of Rule 8D of the Income-tax Rules, 1962 ("the Rules") 7.1. The learned AO/Honourable DRP erred in disallowing expenditure amounting to INR89

M/S Dell International Services India Private Limited, Bangalore vs. Joint Commissioner of Income Tax Ltu, Bangalore

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

ITA 932/BANG/2017[2012-13]Status: DisposedITAT Bangalore14 Nov 2022AY 2012-13

Bench: Smt. Beena Pillai & Ms. Padmavathy Sit(Tp)A No.844/Bang/2017 Assessment Year : 2012-13 The Joint Vs. M/S.Dell International Services India Commissioner Of Private Limited, Income Tax, Ltu, (For The Merged Entity Dell India Bangalore. Private Limited), No.12/1, 12/2A, 13/1A, Divyashree Gardens, Challagutta Village, Varthur Hobli, Bangalore – 560 071. Pan : Aaach1925Q Appellant Respondent It(Tp)A No.932/Bang/2017 Assessment Year : 2012-13 M/S.Dell International Services Vs. The Joint Commissioner India Private Limited, Of Income Tax, Ltu, (For The Merged Entity Dell India Bangalore. Private Limited), Bangalore – 560 071. Pan : Aaach1925Q Appellant Respondent Revenue By : Shri Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Assessee By : Shri T. Suryanarayana, Advocate Date Of Hearing : 07.11.2022 Date Of Pronouncement : 14.11.2022

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri

Section 143(2)Section 92C

No.932/Bang/2017) and revenue (IT(TP)A No.844/Bang/2017) are in appeals before the Tribunal. SOFTWARE DEVELOPMENT SEGMENT 3. The assessee adopted Transaction Net Margin Method (TNMM) as the most appropriate method. The profit level indicator is Operating Profit by Operating Cost (OP/OC). The net mark-up on cost earned ... ordered accordingly IT(TP)A Nos.844 & 932/Bang/2017 Page 16 of 53 INFORMATION TECHNOLOGY ENABLED SERVICES (ITeS) 21. The assessee adopted Transaction Net Margin Method (TNMM) as the most appropriate method. The profit level indicator is Operating Profit by Operating Cost (OP/OC). The net mark-up on cost earned

Joint Commissioner of Income Tax (Ltu), Bangalore vs. M/S Dell International Services India Private Limited, Bangalore

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

ITA 844/BANG/2017[2012-13]Status: DisposedITAT Bangalore14 Nov 2022AY 2012-13

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri

Section 143(2)Section 92C

Fireeye Cybersecurity Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 292/BANG/2021[2016-17]Status: DisposedITAT Bangalore10 Nov 2022AY 2016-17

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 292/Bang/2021 Assessment Year : 2016-17 M/S. Mandiant Cyber Security Pvt. Ltd. (Formerly Known As Fireeye The Deputy Cybersecurity Pvt. Commissioner Of Ltd.), Income Tax, No. 5, Front Wing Circle – 3(1)(1), Salarpuria Infinity, Vs. Bengaluru. 2Nd Floor, Bannerghatta Road, Bengaluru – 560 029. Pan: Aaccf1341A Appellant Respondent : Shri T. Suryanarayana, Assessee By Senior Advocate Revenue By : Shri Vilas Shinde, Cit Dr Date Of Hearing : 26-09-2022 Date Of Pronouncement : 10-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Passed By National E- Assessment Centre, Delhi Dated 30/04/2021 On Following Revised Grounds Of Appeal:

For Respondent: Shri T. Suryanarayana

gain / loss as operating. All provisions expenses or written back provisions were also treated as non- operating. 2.4 The Ld.TPO noted that assessee used TNMM as the most appropriate method by using OP/OC as the PLI for computing margins for all the 3 segments for computing the above margins ... when the determination of 'ALP' is done under the MAM being resale price method ('RPM'), cost plus method ('CPM') or transactional net margin method ('TNMM'). The relevant provisions of Rule 10CA of the Rules, in so far as it relates to choice of comparable companies, read as follows: Computation

Travelex India P.Ltd, Mumbai vs. Asst CIT 13(3)(2), Mumbai

In the result the issue under consideration is remitted back to the file of Assessing Officer for statistical purpose

ITA 1214/MUM/2015[2010-11]Status: DisposedITAT Mumbai07 Nov 2022AY 2010-11

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 144C(5)Section 92C

Form 3CEB are as under: - Associated Amount of Method Transaction Enterprise transaction in Rs. used IT Support, application Travelex Limited Rs.7,84,44,748/- TNMM development and testing UK services Insurance Charges Travelex Limited Rs. 2,24,050/- UK 4 ITA NOs. 1214/MUM/2015 (A.Y: 2010-11) Travelex India Private Limited

Sami-Sabinsa Group Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-6(1)(1), Bangalore

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

ITA 184/BANG/2022[2017-18]Status: DisposedITAT Bangalore07 Nov 2022AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

For Appellant: Shri K.P. Srinivas, A.RFor Respondent: Shri Sunil Kumar Singh, DR

Section 234ASection 35(1)(i)

Grounds of Appeal no The Transfer Pricing Officer ("TPO") and Dispute Resolution Panel ("DRP") has erred in not considering the internal TNMM analysis undertaken by your appellant in the Transfer Pricing report prepared by it and has instead erroneously determined PLI at entity level. The TPO and DRP has rejected ... documents contained 16 comparables in respect of manufacturing of Herbal and chemical products, which were selected by the taxpayer by applying certain filters and TNMM was applied as most appropriate method. On 15.12.2020 , the taxpayer was IT(TP)A No.184/Bang/2022 Page 5 of 30 issued a detailed show-cause-notice

Eversendai Construction Private Limited, Chennai vs. DCIT Corporate Circle 2(1), Chennai

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

ITA 2084/CHNY/2017[2013-14]Status: DisposedITAT Chennai04 Nov 2022AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2084/Chny/2017 िनधा"रण वष" /Assessment Year: 2013-14 M/S.Eversendai Construction- V. The Dy. Commissioner- Pvt. Ltd., Of Income Tax, Plot No.1 & 2, The Lords, Corporate Circle-2(1), Block-1, 5Th Floor, Chennai. Thiru-Vi-Ka Industrial Estate, Jawaharlal Nehru Road, Ekkaduthangal, Guindy, Chennai.

For Appellant: Mr.S.P.Chidambaram, AdvFor Respondent: Dr.S.Palanikumar, CIT

Section 143(3)Section 144C(5)

Construction (in short “EPC") Services segment and Engineering & Design Services (in short “EDS") segment for transfer pricing purposes. Transactional Net Margin Method (in short “TNMM") was considered as the most appropriate method and the transactions were aggregated segment-wise and concluded to be at arm's length. Operating margin ... u/s.92CA of the Act, was made to the TPO. 4. During the course of TP proceedings, the TPO noticed that the assessee has adopted TNMM as most appropriate method on both segments i.e. EPC & EDS. The TPO has accepted international transaction with AE to EDS segment at ALP. However

Hanyang Automotive India Pvt Ltd., Kancheepuram vs. DCIT, Chennai

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

ITA 439/CHNY/2016[2011-12]Status: DisposedITAT Chennai04 Nov 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 439/Chny/2016 िनधा"रण वष" / Assessment Year: 2011-12

For Appellant: Shri. S. Palanikumar, CIT

Section 143(3)Section 144C(1)Section 144C(5)Section 92C

assessee has followed internal CUP method to determine ALP of transactions with its AE. Although, for impugned assessment year, the assessee has followed TNMM method as most appropriate method, but subsequently it has been noted that internal CUP is the best method to determine ALP of international transactions and thus ... have heard both the parties, perused materials available on record and gone through orders of the authorities below. The assessee has followed TNMM as most appropriate method to determine ALP of international transactions with its AE. The TPO has accepted method followed by the assessee, but made certain adjustments towards

Aquity Solutions India Pvt.Ltd(Formerly Known As Mmodal Global Services Pvt. Ltd, Mumbai vs. Dy.Ci.T.15(1) (1), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 713/MUM/2022[2017-18]Status: DisposedITAT Mumbai02 Nov 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Harsh ShahFor Respondent: Ms. Samruddhi D. Hande

Section 144BSection 144C(13)Section 144C(3)Section 144C(5)

Method 1. Provision of Medical Transcription 2,73,78,12,162 CUP Services 2. Provision of IT and IT enabled 65,06,86,946 TNMM services 6. Under the medical transcription services segment, assessee renders medical transcription services as per the instructions provided by the US AE. For benchmarking this ... provision of medical transcription services is at ALP. 7. As regards IT and IT enabled services segment, the assessee used Transactional Net Margin Method (“TNMM”) as the most appropriate method with Profit Level Indicator (“PLI”) of Operating Profit to Total Operating Expenses, for benchmarking the transaction. By considering itself

M/S. Ig Infotech (India) Private Limited, Bengaluru vs. Assistant Commissioner of Income-Tax, Circle-3(1)(1), Bengaluru

In the result, the appeal of the assessee is allowed

ITA 204/BANG/2022[2017-18]Status: DisposedITAT Bangalore01 Nov 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Nageswar Rao, A.RFor Respondent: Shri Praveen Karanth, D.R

Section 143(3)Section 144BSection 144C(13)Section 92C

when the determination of 'ALP' is done under the MAM being resale price method ('RPM'), cost plus method ('CPM') or transactional net margin method ('TNMM'). The relevant provisions of Rule IT(TP)A No.204/Bang/2022 IG Infotech (India) Pvt. Ltd., Bangalore Page 11 of 21 10CA of the Rules