“functional analysis”

Imperial Mark Trade (I) P.Ltd, Thane vs. DCIT CC 7(2), Mumbai

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

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

therefore, the learned TPO exceeded his jurisdiction by characterizing the SDT as bogus transactions without undertaking any benchmarking / functional analysis of the same. Therefore, the transfer pricing adjustments aggregating to Rs.245,45,18,050, confirmed by Hon'ble DRP is bad in law and needs to be deleted. 2.0) Disallowance

DCIT, 1(1)(1), Mumbai vs. Cabot India Ltd., Navi Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd., Mumbai vs. ACIT 15 (1) (2), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd., Mumbai vs. DCIT 1(1), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Asst CIT 15(1)(2), Mumbai vs. Cabot India Ltd, Navi Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd, Mumbai vs. DCIT 1(1), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd, Mumbai vs. DCIT 1(1), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd, Mumbai vs. DCIT 1(1), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Cabot India Ltd, Mumbai vs. Asst CIT 1(1), Mumbai

In the result ITA number 1911/M/2016 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

applying certain transfer pricing methods should be of paramount importance. However for determining the most appropriate method it should be based on the functional analysis of how the assessee uses „the right to use‟ technology for its operation for which Royalty is paid. Of course, the assessee has every right

Pr. CIT-9, Mumbai vs. E-Clinical Works India Pvt Ltd, Mumbai

In the result, appeal of the Revenue is partly allowed

Bench: Us, Ld. Counsel For The Assessee At The Outset Submitted That Even If One Comparable, I.E., M/S. Mps Limited Is Excluded, Then Other Two Comparables Even If They Are Not To Be Included Will Become Purely Academic Because Assessee Would Be Within The Arm’S Length Price.

Characterization 4.10.1 The purpose of this section is to provide information on the economic characterization of eClinicalWorks India and eClincialWorks LLC, based on the functional analysis of the Inter- company transactions of ECW India. This is an important step to enable execution of the benchmarking analysis. 4.10.2. eClinicalWorks

DCIT Cir. 4(3)(2), Mumbai vs. Morgan Stanley India Co. Pvt. Ltd., Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

Morgan Stanley India Company P. Ltd, Mumbai vs. Addl CIT 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

DCIT 4(3), Mumbai vs. Jm Morgan Stanley Securities P. Ltd, Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

Morgan Stanley India Company P.Ltd, Mumbai vs. Asst CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

ACIT 4(3), Mumbai vs. Morgan Stanley India Co. Pvt. Ltd., Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Co P. Ltd, Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

prepare the documents to prima facie to prove the above tests depending upon the nature of services, the manner of allocation of the cost, functional analysis etc. It is required to be proved in the TP study report itself the detailed business overview and the industry analysis of the group

DDIT (It) 2(1), Mumbai vs. Reuters Ltd, Mumbai

Appeals are disposed off

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Assessment Year 2000 – 01

analysis of the DAPE, minus the payments attributable in respect of such activities. In simple words, whatever are the revenues generated on account of functional analysis of the DAPE are to be taken into account as hypothetical income of the said DAPE, and deduction is to be provided in respect