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“advance pricing agreement”

Transfer PricingSection 92CCSection 92CC125 judgments

Judgments citing advance pricing agreement

DCIT, C-1(1), Chandigarh vs. M/S Fidelity Information Services India Pvt. Ltd., Chandigarh

In the result, the cross-objection filed by the assessee is dismissed

ITA 1328/CHANDI/2019[2014-15]Status: DisposedITAT Chandigarh07 Jun 2024AY 2014-15

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vishal Kalra, Advocate and Ms. Sumisha, C.AFor Respondent: Shri Rohit Sharma, CIT DR
Section 37(1)

cost would also correspondingly impact the revenue and income of the Assessee company. Tabulations of revenue calculated on applying 15% [16.60% (pursuant to Advance Pricing Agreement)] mark-up on cost is enclosed at pages 185 & 34 of the paperbook. assessee’s The workings demonstrate that foreign travelling expenditure incurred ... mark up of 15% and since the additional mark up of 1.60% (over and above 15%) has been determined pursuant to the unilateral Advance Pricing Agreement entered into with CBDT dated 6/02/2017, the additional revenues of Rs 2,73,90,440/- has been offered as part of the modified return

Zydus Lifesciences Limited (Formerly Known As Cadila Healthcare Ltd.), Ahmedabad vs. The DCIT, Circle-1(1)(1), Ahmedabad

In the result, appeal preferred by the assessee is allowed

ITA 162/AHD/2021[2016-17]Status: DisposedITAT Ahmedabad30 May 2024AY 2016-17

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144BSection 144C(13)Section 153Section 92BSection 92C

completion of the assessment was extended to 31/12/2018. We further find that in the present case, the assessee had entered into an Advance Pricing Agreement (“APA”) with CBDT on 08/06/2017, in respect of its healthcare sector for a ITA No. 162/Ahd/2021 (Zydus Lifesciences Ltd. vs. DCIT

Marsh India Insurance Brokers Private Limited, Mumbai vs. Addl/Jt/Dy/Asstt/CIT/ITO/NFAC, Delhi

In the result, both the appeal

ITA 642/MUM/2022[2017-18]Status: DisposedITAT Mumbai13 May 2024AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17 & Assessment Year: 2017-18 Marsh India Insurance Brokers Additional/Joint/Deputy/Assistant Private Limited, Commissioner Of Income 1201-02, Tower, One India Vs. Tax/Income-Tax Officer, National Bulls Centre, Jupiter Mills E-Assessment Centre, Delhi. Compound, Senapati Bapat Marg, Elphinstone Road (West), Mumbai-400013. Pan No. Aadcm 4220 G Appellant Respondent Assessee By : Mr. Madhur Agrawal Revenue By : Mr. Manoj Kumar, Cit-Dr

For Appellant: Mr. Madhur AgrawalFor Respondent: Mr. Manoj Kumar, CIT-DR
Section 234ASection 234B

applied for a unilateral the assessee submitted that assessee had applied for a the assessee submitted that assessee had applied for a advance pricing agreement (APA) agreement (APA) in respect of international in respect of international transaction of the intra group support services. The Ld. counsel for transaction ... assessee submitted that issue in dispute has been settled under the assessee submitted that issue in dispute has been settled under the advance pricing agreement the advance pricing agreement, therefore, the assessee wished to the assessee wished to withdraw said ground of the transfer pricing. Accordingly, the said ground

Marsh India Insurance Brokers Pvt. Ltd, Mumbai vs. Addl /Jtdy/ACIT/ITO/NFAC, Mumbai

In the result, both the appeal

ITA 2471/MUM/2021[2016-17]Status: DisposedITAT Mumbai13 May 2024AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2016-17 & Assessment Year: 2017-18 Marsh India Insurance Brokers Additional/Joint/Deputy/Assistant Private Limited, Commissioner Of Income 1201-02, Tower, One India Vs. Tax/Income-Tax Officer, National Bulls Centre, Jupiter Mills E-Assessment Centre, Delhi. Compound, Senapati Bapat Marg, Elphinstone Road (West), Mumbai-400013. Pan No. Aadcm 4220 G Appellant Respondent Assessee By : Mr. Madhur Agrawal Revenue By : Mr. Manoj Kumar, Cit-Dr

For Appellant: Mr. Madhur AgrawalFor Respondent: Mr. Manoj Kumar, CIT-DR
Section 234ASection 234B

applied for a unilateral the assessee submitted that assessee had applied for a the assessee submitted that assessee had applied for a advance pricing agreement (APA) agreement (APA) in respect of international in respect of international transaction of the intra group support services. The Ld. counsel for transaction ... assessee submitted that issue in dispute has been settled under the assessee submitted that issue in dispute has been settled under the advance pricing agreement the advance pricing agreement, therefore, the assessee wished to the assessee wished to withdraw said ground of the transfer pricing. Accordingly, the said ground

Concentrix Daksh Services India Pvt. Ltd., Gurgaon vs. ACIT, Circle-4(2), New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 485/DEL/2021[2016-17]Status: DisposedITAT Delhi05 Mar 2024AY 2016-17

Bench: Sh. Saktijit Dey, Vice-Dr. B. R. R. Kumar

For Appellant: Sh. Ankul Goyal, AdvFor Respondent: Sh. Rajesh Kumar, CIT(DR)
Section 143(3)Section 92C

below:- 5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section

At Kearney Ltd.- India Branch Office, Gurgaon vs. DCIT, Circle- 1(1)(1), International Taxation, New Delhi

In the result, appeals of the Assessee’s in ITA Nos

ITA 960/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Feb 2024AY 2013-14

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 234ASection 271(1)(c)Section 27l

below:- “5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section

At Kearney Ltd.- India Branch Office, Gurgaon vs. DCIT, Circle- 1(1)(1), International Taxation, New Delhi

In the result, appeals of the Assessee’s in ITA Nos

ITA 959/DEL/2018[2012-13]Status: DisposedITAT Delhi28 Feb 2024AY 2012-13

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 234ASection 271(1)(c)Section 27l

below:- “5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section

DCIT, Circle- 1(1)(1), International Taxation, New Delhi vs. A.T. Kearney Ltd., Gurgaon

In the result, appeals of the Assessee’s in ITA Nos

ITA 1306/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Feb 2024AY 2013-14

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 234ASection 271(1)(c)Section 27l

below:- “5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section

DCIT, Circle- 1(1)(1), International Taxation, New Delhi vs. A.T. Kearney Ltd., Gurgaon

In the result, appeals of the Assessee’s in ITA Nos

ITA 1305/DEL/2018[2012-13]Status: DisposedITAT Delhi28 Feb 2024AY 2012-13

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Section 234ASection 271(1)(c)Section 27l

below:- “5. We have given our thoughtful consideration to the forgoing rival pleadings and find forced in the Revenue's stand since an advance pricing agreement "APA" is applicable only for the specified time span not exceeding five consecutive previous years u/s.92CC(4) r.w. sub section

Tech Mahindra Ltd, Mumbai vs. DCIT Cir 2(3), Mumbai

Appeal is dismissed and assessee's appeal is partly allowed

ITA 3643/MUM/2012[2007-08]Status: DisposedITAT Mumbai25 Oct 2023AY 2007-08

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

Section 92C(3)

assessee in his return of income; (ii) made by the Assessing Officer has been accepted by the assessee; (iii) is determined by an advance pricing agreement entered into by the assessee under section 92CC, on or after the 1st day of April, 2017; (iv) is made as per the safe

DCIT 22(3), Mumbai vs. Tech Mahindra Ltd, Mumbai

Appeal is dismissed and assessee's appeal is partly allowed

ITA 3531/MUM/2012[2007-08]Status: DisposedITAT Mumbai25 Oct 2023AY 2007-08

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

Section 92C(3)

assessee in his return of income; (ii) made by the Assessing Officer has been accepted by the assessee; (iii) is determined by an advance pricing agreement entered into by the assessee under section 92CC, on or after the 1st day of April, 2017; (iv) is made as per the safe

Sumitomo Corporation India Private Limited, New Delhi vs. DCIT, Circle-21(2), New Delhi

In the result Appeal filed by the Assessee is partly allowed for statistical purpose

ITA 486/DEL/2022[2017-18]Status: DisposedITAT Delhi18 Oct 2023AY 2017-18

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

For Appellant: ShriFor Respondent: Shri Vivek Verma
Section 143(3)Section 144Section 144BSection 144C(13)Section 92CSection 92C(3)

method to determine arm's length commission rate for indenting transactions with the AEs (other than those which are covered by the Bilateral Advance Pricing Agreement with Japan). While doing so, the Ld. DRP / TPO disregarded: 6.1. the difference in the functions performed, risks assumed, number of transactions, value ... STAYNo. 22/Del/2022 Sumitomo Corporation India Pvt. Ltd., ND as arm's length; and 6.4. the transfer pricing approach agreed upon in the Bilateral Advance Pricing Agreement ("BAPA") signed between the Appellant and the Central Board of Direct Taxes ("CBDT"), where TNMM has been selected as the most appropriate method with

Gemological Institute of America Inc., Mumbai vs. ACIT(It) Cir. 2(3)(2), Mumbai

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

ITA 647/MUM/2023[2020-21]Status: DisposedITAT Mumbai25 Aug 2023AY 2020-21

Bench: Shri Amit Shukla, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blegemological Institute Of America, Inc. V. Acit (International Taxation) C/O Gia India Laboratory Pvt. Ltd Circle-2(3)(2) 10Th Floor, Trade Centre 17Th Floor, Air India Building Nariman Point, Mumbai- 400021 Bandra Kurla Complex Bandra (E) Mumbai- 400098 Pan: Aadcg7962K (Appellant) (Respondent) Assessee Represented By : Shri. J.D. Mistry, Shri Niraj Sheth & Shri Ketan Ved Department Represented By Shri Hement Kumar C. Leuva :

Section 143(2)Section 143(3)Section 144C(5)

India-USA Double Taxation Avoidance Agreement [DTAA] should be restricted to the amount which is determined in accordance with the Advanced Pricing Agreement (APA), if any, entered into by GIA India Laboratory Private Limited with the Central Board of Direct Taxes [CBDT] 9:2 The Appellant submits that considering ... letter dtd. 09.06.2023 of the Assessee submitted before the Hon'ble ITAT, the additional grounds of appeal are raised pursuant to the Advance Pricing Agreement ('APA') negotiation which is currently ongoing between GIA India Laboratory Private Limited ('GIA India") and the Central Board of Direct Taxes (CBDT

Siemens Limited, Mumbai vs. National Faceless Centre, Dy Commissioner of Income Tax, 8(2)(1), Delhi

In the result, the appeal by the assessee is allowed

ITA 882/MUM/2022[2015-16]Status: DisposedITAT Mumbai07 Aug 2023AY 2015-16

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Manoj Kumar
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 92C

completion of the assessment was extended to 31/12/2018. We further find that in the present case, the assessee had entered into an Advance Pricing Agreement (“APA”) with CBDT on 08/06/2017, in respect of its healthcare sector for a period of 4 years commencing from the previous year

Siemens Limited, Mumbai vs. National Faceless Centre, Delhi

In the result, the appeal by the assessee is allowed

ITA 881/MUM/2022[2016-17]Status: DisposedITAT Mumbai07 Aug 2023AY 2016-17

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Manoj Kumar
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 153Section 92C

completion of the assessment was extended to 31/12/2018. We further find that in the present case, the assessee had entered into an Advance Pricing Agreement (“APA”) with CBDT on 08/06/2017, in respect of its healthcare sector for a period of 4 years commencing from the previous year

Financiere Cvt (Now Ge Energy Power Conversion Group), Gurgaon vs. ACIT, Circle (1)(3)(1), International Taxation, New Delhi

In the result, appeal is allowed

ITA 7736/DEL/2019[2016-17]Status: DisposedITAT Delhi16 Jun 2023AY 2016-17

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Year: 2016-17 Financiere Cvt (Now Ge Energy Versus Acit, Circle 1(3)(1), Power Conversion Group), 6Th International Taxation, Floor, Building 7A, Dlf Cyber New Delhi. City, Phase-3, Gurgaon. Pan: Aabcf6233C) (Appellant) (Respondent)

For Appellant: Sh. Ravi Sharma, Advoate &For Respondent: Sh. S.N. Pandey, Sr. DR

various applicable taxes, which includes assistance in preparation of return forms, gathering information with respect to tax payments, processing of tax payments, negotiating advance pricing agreements etc. (vi). Health, safety, environmental & regulatory affairs support and legal support: These services include preparation of internal healthy, safety and environment stands, overviewing compliances

Micro Focus Software Inc. (Formerly Known As Novell Inc.), Mumbai vs. The Dy CIT (Intl. Taxation)-Circle-3(2)(2), Mumbai

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

ITA 891/MUM/2023[2020-21]Status: DisposedITAT Mumbai14 Jun 2023AY 2020-21

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri Ketan VedFor Respondent: Shri Soumendu Kumar Dash
Section 143(3)Section 144C(13)Section 144C(5)

Novell Inc.) in India by misinterpreting and misunderstanding the "Principal to Principal" arrangement between MFSI and MFSIPL under the Distribution Agreement and Bilateral Advance Pricing Agreement between India and USA ["BAPA"] and disregarding the arm's length arrangement between MFSI and MFSIPL. 3. Without prejudice to the Ground ... Focus Software Inc. (Formerly known as Novell Inc.) ITA no.891/Mum./2023 4. During the assessment proceedings, the assessee placed reliance upon the Bilateral Advance Pricing Agreement (“BAPA”) dated 20/08/2020 entered into between the CBDT and Micro Focus Software India Private Ltd as well as the order passed by the coordinate

Dbs Bank Ltd India Branches (Now Amalgamated With Dbs Bank India Limited, Mumbai vs. Commissioner of Income Tax (It)-Mumbai-2, Mumbai

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

ITA 1096/MUM/2022[2018-19]Status: DisposedITAT Mumbai12 May 2023AY 2018-19

Bench: Shri B.R. Baskaran (Am) & Smt. Kavitha Rajagopal (Jm)

Section 119Section 143(3)Section 263Section 286Section 92C

force w.e.f. Assessment Year 2002-2003 and have seen a number of amendments over the years, including the insertion of Safe Harbour and Advance Pricing Agreement provisions and the extension of the applicability of transfer pricing provisions to Specified Domestic Transactions. In terms of the provisions, any income arising from

Micro Focus Software Inc. (Earlier Known As Novell Inc.), Mumbai vs. The Dy CIT (Intl. Taxation)-Circle-3(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 2425/MUM/2022[2018-19]Status: DisposedITAT Mumbai02 May 2023AY 2018-19

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 144C(5)

Novell Inc.) in India by misinterpreting and misunderstanding the "Principal to Principal" arrangement between MFSI and MFSIPL under the Distribution Agreement and Bilateral Advance Pricing Agreement between India and USA (BAPA) and disregarding the arm's length arrangement between MFSI and MFSIPL. 3. Without prejudice to Ground ... However, he also brought to our notice that dependent PE of the assessee i.e., Micro Focus Software India Private Limited has approached for Advance Pricing Agreement (in short “APA”) with CBDT and he brought to our notice APA dated 20.08.2020 and he brought to our notice Page

Micro Focus Software Inc. (Earlier Known As Novell Inc.), Mumbai vs. The Dy CIT (Intl. Taxation)-Circle-3(2)(2), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 2424/MUM/2022[2019-20]Status: DisposedITAT Mumbai02 May 2023AY 2019-20

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 144C(5)

Novell Inc.) in India by misinterpreting and misunderstanding the "Principal to Principal" arrangement between MFSI and MFSIPL under the Distribution Agreement and Bilateral Advance Pricing Agreement between India and USA (BAPA) and disregarding the arm's length arrangement between MFSI and MFSIPL. 3. Without prejudice to Ground ... However, he also brought to our notice that dependent PE of the assessee i.e., Micro Focus Software India Private Limited has approached for Advance Pricing Agreement (in short “APA”) with CBDT and he brought to our notice APA dated 20.08.2020 and he brought to our notice Page