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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

Shri Sureshkumar Harjivanbhai Chandarana, Rajkot vs. The ACIT, Circle - 2 (2) (1), Rajkot

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

ITA 415/RJT/2023[2016-17]Status: HeardITAT Rajkot15 Dec 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 415/Rjt/2023 (िनधा"रण वष"/Assessment Year: (2016-17) Sureshkumar Harjivanbhai Chandarana Acit, Circle – 2(2)(1), Rajkot A-75, New Market Yard, Village-Bedi, Vs. Aayakar Bhavan, Race Course Ring Morbi, Highway, Rajkot- 360 003 Road, Rajkot –360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abcpc8536E (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Durga Dutt, Ld. Cit(Dr) Date Of Hearing : 27/11/2025 : 15/12/2025 Date Of Pronouncement Order Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By Commissioner Of Income-Tax, Appeal Cit(A), Ahmedabad-13 Dated 06.10.2023 [In Short, “Ld. Cit(A)”], Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 143(3) R.W.S. 144C(3) Of The Act, Vide Order Dated 19.12.2019. 2. Grounds Of Appeal Raised By The Assessee, Are As Follows:

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Durga Dutt, Ld. CIT(DR)
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250

revenue, on merit, submitted that the assessee failed to prove with the documentary evidences that the method adopted by the assessee is correct. Therefore, TNMM ( (Transactional Net Margin Method) is a correct method, as adopted by the assessing officer. Regarding the Page 6 of 11 ITA No. 415/Rjt/2023

Kohinoor Cargo & Industrial Park Private Limited, Navi Mumbai vs. Deputy Commissioner of Income Tax, Aaykar Bhawan, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 5076/MUM/2025[2013-14]Status: DisposedITAT Mumbai15 Dec 2025AY 2013-14

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2013-14 Kohinoor Cargo & Industrial Deputy Commissioner Of Park Private Limited, Income Tax, 1107, Real Tech Park, Vs. Aayakar Bhavan, Sector-30A, Vashi, M.K. Marg, Navi Mumbai-400705. Mumbai-400020. [Pan: Aadck5163C] (Appellant) (Respondent) For Assessee : None For Revenue : Shri Hemanshu Joshi, Sr.Dr Date Of Hearing : 10-12-2025 Date Of Pronouncement : 15-12-2025 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 21-06-2025, Pertaining To Assessment Year (Ay) 2013-14. 2. None Appeared On Behalf Of The Assessee Nor Was Any Adjournment Application Filed. Further, It Is Noted That There Is A Defect In Filing The Present Appeal, Wherein The Appeal Form No.36 & Grounds Of Appeal Have Not Been Signed & Verified By The Assessee. In This Regard, It Is Noted That The Registry Has Issued A Defect Notice On 02-09-2025 & The Assessee Was Advised To Rectify The Defect Within Ten Days From The Receipt Of The Notice. However, There Was No Compliance To The Notice & The Matter Was Listed For Hearing On 09-10-2025 & There Again, It Is Noted

For Appellant: NONEFor Respondent: Shri Hemanshu Joshi, Sr.DR

Order pronounced in the open court on 15-12-2025 [ANIKESH BANERJEE] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 15-12-2025 TNMM 3 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

Gartner Ireland Limited, Ireland vs. ACIT( It), Circle - 2(3)(2), Mumbai

In the result, the appeal filed by the assessee is dismissed as withdrawn

ITA 6674/MUM/2025[2023-24]Status: DisposedITAT Mumbai12 Dec 2025AY 2023-24

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhailassessment Year : 2023-24 Gartner Ireland Limited, Asst. Commissioner Of 3Rd Floor, Two Park Place, Income Tax-2(3)(2), Hatch Street, Vs. Room No.610, 6Th Floor, Dublin 2, Ireland. Kautilya Bhavan, C-41 To C-43, G Block, Correspondence Address: Bandra Kurla Complex, First International Financial Bandra East, Centre, Level 2, Mumbai-400051. Plot No. C-54 & 55, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051. Pan : Aaccg2919B (Appellant) (Respondent) For Assessee : Shri Gaurav Chikhale For Revenue : Shri Satya Pal Kumar, Cit-Dr Date Of Hearing : 09-12-2025 Date Of Pronouncement : 12-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By Assessee Against The Order Of The Assessing Officer (Ao) Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 („The Act‟), Consequent To The Directions Given By The Dispute Resolution Panel [Drp], Pertaining To Assessment Year (Ay) 2023-24. 2 2. During The Course Of Hearing, The Ld.Ar Submitted That The Present Appeal Has Been Filed Twice Due To Technical Oversight. In This Regard, The Ld.Ar Placed On Record A Request Letter Of The Assessee For Cancellation Of The Present Appeal, Filed On 17Th October, 2025, Which Reads As Under:

For Appellant: Shri Gaurav ChikhaleFor Respondent: Shri Satya Pal Kumar, CIT-DR
Section 143(3)Section 144C(13)

pronounced in the open court on 12-12-2025 [SANDEEP SINGH KARHAIL] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 12-12-2025 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

Crisil Limited, Mumbai vs. DCIT, Circle 15(1)(2), Mumbai

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

ITA 6600/MUM/2025[2022-23]Status: DisposedITAT Mumbai12 Dec 2025AY 2022-23

Bench: Shri Vikram Singh Yadav & Shri Sandeep Singh Karhailassessment Year : 2022-23 Crisil Limited, Deputy Commissioner Of Lightbridge It Park, Income Tax, Crisil Limited, Vs. Circle-15(1)(2), Saki Vihar Road, Aayakar Bhavan, Andheri East, M.K.Road, Mumbai-400072. Mumbai-400020. Pan : Aaact3151E (Appellant) (Respondent) For Assessee : Shri Dhanesh Bafna/Amol Mahajan For Revenue : Shri Satya Pal Kumar, Cit-Dr Date Of Hearing : 09-12-2025 Date Of Pronouncement : 12-12-2025 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 14-08-2025, Pertaining To Assessment Year (Ay) 2022-23. 2. Briefly Stated, Facts Of The Case Are That Assessment In This Case Was Completed U/S. 143(3) R.W.S. 144B Of The Income Tax Act, 1961 („The Act‟), Vide Order Dt. 27-02-2025. The Assessee Thereafter Carried The Matter In 2 Appeal Before The Ld.Cit(A), Who Has Since Dismissed The Appeal & Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Shri Dhanesh Bafna/Amol MahajanFor Respondent: Shri Satya Pal Kumar, CIT-DR
Section 143(3)

pronounced in the open court on 12-12-2025 [SANDEEP SINGH KARHAIL] [VIKRAM SINGH YADAV] JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 12-12-2025 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

Clover Everest World Co-Operative Housing Society Limited, Thane vs. ITO, Ward 1(1), Thane

In the result, the appeal of the assessee is allowed

ITA 6376/MUM/2025[2021-22]Status: DisposedITAT Mumbai12 Dec 2025AY 2021-22

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2021-22 Clover Everest World Ito, Ward-1(1), Co-Operative Housing Society 6Th Floor, Limited, Vs. Income Tax Department, Clover Everest Complex, Ashar It Park, Clover Everest World Chs, Wagale Estate, Dhokali, Thane, Thane Maharashtra–400607. Maharashtra-400604. [Pan: Aabac8915E] (Appellant) (Respondent) For Assessee : Shri Ruturaj Gurjar For Revenue : Shri Mahesh Shingate, Addl. Cit (Virtually Appeared) Date Of Hearing : 09-12-2025 Date Of Pronouncement : 12-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-2, Visakhapatnam, Dated 25-08-2025, Pertaining To Assessment Year (Ay) 2021-22. 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 Ruturaj GurjarFor Respondent: Shri Mahesh Shingate, Addl. CIT
Section 143(1)Section 154Section 80Section 80PSection 80P(1)Section 80P(2)(d)

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

Shree Laxmi Jyot Industrial Co-Op Soc. Ltd, Mumbai vs. ACIT Cir-25(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 6371/MUM/2025[2018-19]Status: DisposedITAT Mumbai12 Dec 2025AY 2018-19

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2018-19 Shree Laxmi Jyot Industrial Acit, Circle-25(1), Premises Co-Op. Society Pratyaksha Kar Bhawan, Limited, Vs. Bandra Kurla Complex (Bkc), 29-J, Laxmi Industrial Estate, Bandra (East), New Link Road, Mumbai-400051. Andheri West, Mumbai – 400053. [Pan: Aadas7200A] (Appellant) (Respondent) For Assessee : Shri Gajendra Golchha For Revenue : Shri Vikas Chandra, Sr.Dr Date Of Hearing : 09-12-2025 Date Of Pronouncement : 12-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-Mysore, Dated 12-08-2025, Pertaining To Assessment Year (Ay) 2018-19. 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 Gajendra GolchhaFor Respondent: Shri Vikas Chandra, Sr.DR
Section 80Section 80PSection 80P(1)Section 80P(2)(d)

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

Swatch Group (India) Retail Private Limited, Delhi vs. The Deputy Commissioner of Income Tax, Delhi

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 4281/DEL/2024[2020-21]Status: DisposedITAT Delhi12 Dec 2025AY 2020-21

Bench: Shri S.Rifaur Rahman & Ms. Madhumita Royswatch Group (India) Retail Private Ltd., Vs. Dcit, Circle 22(2), 4Th Floor, Rectangle 1, Plot No.D4, Delhi. Saket District Centre, Saket, New Delhi – 110 017. (Pan : Aavcs7960H) (Appellant) (Respondent) Assessee By : Shri Ravi Sharma, Advocate Ms. Shruti Khimta, Ar Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 16.09.2025 Date Of Order : 12.12.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 26.07.2024 Passed By The Assessment Unit, Income Tax Department Under Section 143(3) Read With Section 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2020-21 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act Raising Following Grounds Of Appeal :-

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri S.K. Jadhav, CIT DR
Section 143(3)Section 144C(13)Section 144C(5)Section 92C(3)Section 92D

assessee has entered into following international transactions which are as under :- S.No. Description of the Method Amount (INR) transactions 1 Sale of traded goods TNMM 2,95,63,354 2 Purchase of diamonds TNMM 2,86,57,040 (deemed international transaction) 5. With regard to sale of traded goods ... assessee has submitted TP report using TNMM method and PLI of Operating Profit/Total Cost. The assessee has declared earning of operating profit margin at 2.38% on total cost and TPO rejected the selection of 11 comparables and determined the weighted average margin of 0.79%. The TPO further observed that