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“transfer pricing adjustment”

Transfer PricingSection 92CSection 92C2,153 judgments

The decision most relied on for transfer pricing adjustment is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 judgments on BharatTax.

Leading authorities on transfer pricing adjustment

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

CIT v. Everest Kento Cylinders Ltd.
378 ITR 57 · 2015 · High Court
304
citing judgments

Corporate guarantee fees are subject to transfer pricing rules, and adjustments may be needed to account for differences between corporate guarantees and more liquid bank guarantees when determining arm's length price.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Sony India (P) Ltd. v. DCIT
114 ITD 448 · 2008 · ITAT
131
citing judgments

For transfer pricing purposes, functionally dissimilar entities that have significant business differences must be excluded from the list of comparables for benchmarking analysis. It also provides guidance on the non-allocation of advertisement, marketing, and promotion (AMP) expenses to other entities when incurred solely for the assessee's business.

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

Whirlpool of India Ltd. v. DCIT
381 ITR 154 · 2016 · High Court
119
citing judgments

Advertisement, Marketing, and Promotion (AMP) expenditure incurred by an Indian entity directly benefits its own business and cannot be automatically treated as an international transaction for global brand building by associated enterprises without specific statutory provisions or proper analysis.

CIT v. Tata Autocomp Systems Ltd.
56 Taxmann.com 206 · 2015 · High Court
119
citing judgments

When determining the arm's length price for interest on a foreign currency loan advanced to an Associated Enterprise, the Indian Prime Lending Rate is not applicable. Instead, the interest rate should be benchmarked based on the prevailing foreign currency rate, such as EURIBOR, or the rate in the country where the loan is received/consumed.

Kolhapur Canesugar Works Ltd. v. Union of India
2 SCC 536 · 2000 · Reported
117
citing judgments

Section 6 of the General Clauses Act, which preserves rights and liabilities under repealed statutes, does not automatically apply to a mere omission of a statutory provision unless the omitting enactment specifically provides for it, thereby affecting the continuation of pending proceedings.

Judgments citing transfer pricing adjustment

Nuance Transcription Services India Pvt Ltd, Bangalore vs. The Assistant Commissioner of Income Tax Circle-5(1)(1), Bangalore

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

ITA 173/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 Aug 2022AY 2012-13

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.173/Bang/2017 : Asst.Year 2012-2013 M/S.Nuance Transcription The Assistant Commissioner Services India Private Limited Of Income-Tax, Circle 5(1)(1) V. Bangalore. First Floor, Block B, Salarpuria Aura, Khata No.434/170 Marathahalli-Sarjapur Outer Ring Road, Kaverappa Layout Bangalore – 560 103. Pan : Aaacf3465F. (Appellant) (Respondent) Appellant By : Sri.Vishal Kalra, Ca Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 10.08.2022 Date Of Hearing : 28.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 22.11.2016 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is Engaged In Providing Information Technology Enabled Services (Ites) To Focus Enterprises Limited, Usa, Which Is An Associate Enterprise (Ae) Of The Assessee. For The Assessment Year 2012-2013, The Return Of Income Was Filed Declaring Total Income Of Rs.23,99,94,900. The Assessment Was Selected For Scrutiny & Notice U/S 2 It(Tp)A No.173/Bang/2017. M/S.Nuance Transcription Services India Private Limited. 143(2) Of The I.T.Act Dated 14.08.2013 Was Served. During The Course Of Assessment Proceedings, It Was Noticed That The Assessee Had Entered Into International Transactions With Its Ae. Accordingly, The Case Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The International Transaction Undertaken By The Assessee With Its Ae’S. The Tpo Vide Order Dated 28.01.2016, Passed U/S 92Ca Of The I.T.Act, Proposed The Following Tp Adjustments:-

For Appellant: Sri.Vishal Kalra, CAFor Respondent: Sri.Harishchandra Naik, CIT-DR
Section 133(6)Section 143(3)Section 2Section 92C

relation to the alleged international transaction of outstanding trade receivable, the same could have been made in the A Y 2013-14. Transfer pricing adjustment relating to Information Technology Enabled Services 9. That on the facts and circumstances of the case and in law, the AO / TPO have erred ... making the transfer pricing adjustments of INR 5,47,65,340, and the DRP erred in upholding the same in respect of information technology enabled services, alleging the said services to be not at arm's length in terms of the provisions of sections

Mersen India Private Limited, Bangalore vs. Joint Commissioner of Income Tax (OSD), Circle-4(1)(2), Bangalore

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

ITA 381/BANG/2022[2017-18]Status: DisposedITAT Bangalore08 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 381/Bang/2022 Assessment Year : 2017-18 M/S. Mersen India Pvt. The Joint Ltd., Commissioner Of No. 5, Bommasandra Income Tax (Osd), Industrial Area, Circle – 4 (1)(2), Bangalore – 560 099. Vs. Bangalore. Pan: Aaace3191K Appellant Respondent Assessee By : Smt. Ramya Nayak, Ca : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 04-08-2022 Date Of Pronouncement : 08-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 22/03/2022 By The National Faceless Assessment Centre, Delhi For A.Y. 2017-18 On Following Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. Transfer Pricing 1. The Transfer Pricing Officer ("Tpo"), The Assessing Officer ("Ao") & The Dispute Resolution Panel, Bangalore ("Drp") Have Grossly Erred In Law & Facts Of The Case In Determining The Arm'S Length Price ("Alp") Of The Human Resource Services As Nil. 2. The Learned Tpo/ Ao/Drp Has Erred In Not Considered The Fact That The Human Resource Services Is As Per The Arm'S Length Price Adopting The Transaction Net Margin Method (" Tnmm")

For Appellant: Smt. Ramya Nayak, CA

respect of all the five years and hence the said issue has attained finality. The assessee is contesting the transfer pricing adjustment confirmed by the Ld CIT(A) in respect of following three items in all the five years:- Marketing, Human Strategy & Commercial & Resources Assessment General International Services ("HR year ... attained finality or not. 8. Accordingly, on a conspectus of the matter, we are of the view that the issue relating to transfer pricing adjustment in respect of three types payments referred in the table issue needs to be examined in the light of contentions of the assessee discussed supra

DCIT Central Circle-2(4), Mumbai vs. Zee Entertinment Enterprises Ltd, Mumbai

In the result, the appeal of revenue is partly allowed

ITA 512/MUM/2022[2013-14]Status: DisposedITAT Mumbai05 Aug 2022AY 2013-14

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.512/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2013-14) Dcit, Central Circle-2(4) बिधम/ Zee Entertainment Room No. 802, 8Th Floor, Enterprises Ltd. Vs. 18Th Floor, A Wing, Prathishtha Bhavan, M. K. Road, Churchgate, Mumbai- Marathon Futurex, N. M. 400020. Joshi Marg, Lower Parel, Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacz0243R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jay Bhansali Revenue By: Shri Vinod Tanwani (Dr) सुनवाई की तारीख / Date Of Hearing: 02/08/2022 घोषणा की तारीख /Date Of Pronouncement: 05/08/2022 O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Revenue Against The Action Of The Ld. Commissioner Of Income Tax (Appeals)-58, Mumbai [Hereinafter Referred To As The “Cit(A)”] Dated 05.10.2021 For Assessment Year 2013-14. 2. The Facts In Brief Are That Assessee Filed The Return Of Income On 23.11.2013 Declaring An Income Of Rs.9,53,02,05,770/- Which Was Revised To Rs.9,53,45,48,223/- On 31.03.2015. The Case Of The Assessee Was Selected For Scrutiny. During The Course Of Assessment Proceedings, The Ao Noticed That The Assessee Has Entered Into International Transactions With Its Aes (Associated Enterprises) M/S. Taj Tv & Therefore A Reference Was Made Under Section 92Ca(1) Of The Act Dated 23.03.2015 To Transfer Pricing Officer-4(2), Mumbai. The Assessee Is In The Business Of Broadcasting Of Satellite Television Channels, Space Selling Agent For Other Television Channels, Sale Of Television Programmes, Films, Movies Etc. The Ao Finally Framed The Assessment Under Section 143(3) Read With Section 144C (13) Of The Act By Making Two Additions

For Appellant: Shri Jay BhansaliFor Respondent: Shri Vinod Tanwani (DR)
Section 143(3)Section 144CSection 14ASection 92C

making two additions 2 ITA. No.512/Mum/2022 AY. 2013-14 M/s. Zee Entertainment Enterprises Limited i.e. one in respect of transfer pricing adjustment under section 92CA(3) as per TPO order to the tune of Rs.1,28,66,040/- in respect of corporate guarantee given by the assessee ... which is not challenged by the revenue before us. The Revenue has challenged only the action of Ld CIT(A) deleting the transfer pricing adjustment to the tune of Rs.1,28,66,040/- in respect of corporate guarantee. 3. Ground No.1 of Revenue as noted is against the impugned action

Cae Flight Training (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

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

ITA 520/BANG/2022[2016-17]Status: DisposedITAT Bangalore02 Aug 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 520/Bang/2022 Assessment Year : 2016-17 M/S. Cae Flight Training (India) Pvt. Ltd., Survey No. 26 & 27, The Deputy Bandaramanahalli Commissioner Of Village, Income Tax, Anneshwara Panchayat, Central Circle – 2 (2), Kasaba Hobli, Vs. Bangalore. Devanahalli Taluk, Bengaluru – 562 110. Pan: Aadcc1248A Appellant Respondent Assessee By : Shri Ketan Ved, Ca : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 02-08-2022 Date Of Pronouncement : 02-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 12/04/2022 By The Ld.Dcit, Central Circle – 2(2), Bangalore On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, M/S. Cae Flight Training (India) Private Limited (Hereinafter Referred To As The "Appellant") Respectfully Craves Leave To Prefer An Appeal Under Section 253 Of The Income-Tax Act, 1961 ("The Act") Against The Order Passed By The Deputy Commissioner Of Income-Tax, Central Circle

For Appellant: Shri Ketan Ved, CA
Section 253Section 92CSection 92D

against returned income of INR Nil. The Appellant prays that the adjustment be deleted. Grounds of appeal relating to transfer pricing adjustment of INR 9,50,76,864/- 2. The Ld. AO and Ld. Transfer Pricing Officer ("TPO") erred in law and on facts, in making an upward adjustment ... first year i.e. A. Y. 2009 - 10 is relevant and therefore, this Para is reproduced for ready reference hereinbelow. "4. Transfer pricing adjustment of Rs. 7,68,26,983: 4.1 The Transfer Pricing Officer, to whom the case was referred, noticed that the appellant had issued compulsory convertible debentures (CCDs

M/S. Lancesoft India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-4(1)(1), Bangalore

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

ITA 273/BANG/2021[2016-17]Status: DisposedITAT Bangalore02 Aug 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 273/Bang/2021 Assessment Year : 2016-17 M/S. Lancesoft India Pvt. Ltd., The Deputy 7/1, Manohar Plaza, Commissioner Of Kundalhalli Gate, Income Tax, Brookfields, Itpl Circle – 4(1)(1), Road, Vs. Bangalore. Bangalore – 560 066. Pan: Aaacl9790K Appellant Respondent : Shri K.R. Vasudevan & Assessee By Smt. R. Rashmi, Advocates : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 02-08-2022 Date Of Pronouncement : 02-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Assessment Dated 30/04/2021 Passed By The National E-Assessment Centre, Delhi U/S. 143(3) R.W.S 144C(13) R.W.S. 144B Of The Act On Following Concise Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To Each Other Wrong Characterization 1. The Learned Tpo Erred In Characterizing The Services Rendered By The Appellant Erroneously As Ites Whereas The Appellant Renders Staff Recruitment Services, Which Has Vitiated The Comparability Analysis;

For Respondent: Shri K.R. Vasudevan &
Section 133(6)Section 143(3)Section 92C

applied the lower limit to the turnover Adjustment not restricted to international transactions 5. The Learned TPO erred in not restricting the transfer pricing adjustment to the international transactions, though the DRP had given a direction in this regard; Exclusion of comparables on application of upper turnover filter

Addl CIT RG 10(2), Mumbai vs. Geometric Softwar Solutions Co. Ltd, Mumbai

In the result, ground no

ITA 6219/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

case as well as in Law, the learned CIT (A) has erred in deciding that as the addition was made on account of transfer pricing adjustments, the other grounds like calculation of operating margins, benefit of deduction of +_5% Under proviso to Section 92C (2) et cetera, becomes of Geometric ... also confirmed the addition of the above sum profit u/s 115JB of the act. e. On the issue of the transfer pricing adjustment, the learned CIT – A considered the various arguments of the assessee with respect to inclusion/exclusion of certain comparables. Finally, the learned CIT – A agreed for 27 comparable

Geometric Software Solutins Co. Ltd ( Now Gemetric Ltd), Mumbai vs. Addl CIT RG 10(2), Mumbai

In the result, ground no

ITA 5975/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

case as well as in Law, the learned CIT (A) has erred in deciding that as the addition was made on account of transfer pricing adjustments, the other grounds like calculation of operating margins, benefit of deduction of +_5% Under proviso to Section 92C (2) et cetera, becomes of Geometric ... also confirmed the addition of the above sum profit u/s 115JB of the act. e. On the issue of the transfer pricing adjustment, the learned CIT – A considered the various arguments of the assessee with respect to inclusion/exclusion of certain comparables. Finally, the learned CIT – A agreed for 27 comparable

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

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

ITA 4860/MUM/2017[2013-14]Status: DisposedITAT Mumbai28 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

therefore, the additional ground stands dismissed. 4. We now take up Ground Nos. 1 & 2 of the appeal, which is against the transfer pricing adjustment made by the TPO in relation to disallowance of cost of administrative support services for internal audit support, clearing and treasury support functions ... administrative support services. 7. Aggrieved by the draft assessment order passed u/s 144C of the Act by the AO inter alia including the transfer pricing adjustment, the assessee filed objections before the Ld. DRP. The submissions and documents furnished by the assessee were sent on remand to the TPO. After

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

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

ITA 2088/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Jul 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

therefore, the additional ground stands dismissed. 4. We now take up Ground Nos. 1 & 2 of the appeal, which is against the transfer pricing adjustment made by the TPO in relation to disallowance of cost of administrative support services for internal audit support, clearing and treasury support functions ... administrative support services. 7. Aggrieved by the draft assessment order passed u/s 144C of the Act by the AO inter alia including the transfer pricing adjustment, the assessee filed objections before the Ld. DRP. The submissions and documents furnished by the assessee were sent on remand to the TPO. After

Airlinq Technology Private Limited (Formerly Known As Globetouch Technologies Private Limited), Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 231/BANG/2021[2016-17]Status: DisposedITAT Bangalore28 Jul 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.231/Bang/2021 : Asst.Year 2016-2017 M/S.Airlinq Technology Pvt. Ltd. The Deputy Commissioner Of (Formerly Known As Globe Touch Income-Tax, Circle 3(1)(1) V. Bangalore. Technologies Private Limited) 306, 100 Feet Road, Binna Mangala Stage – 1, Indiranagar Bangalore – 560 038. Pan : Aafcg7626L. (Appellant) (Respondent) Appellant By : S/Sri.Ajit Kumar Jain & Siddesh Chaugule, Cas Respondent By : Dr.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 28.07.2022 Date Of Hearing : 21.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 29.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 3. The Brief Facts Of The Case Are As Follows: The Assessee Was Incorporated On 15.10.2014 As A Wholly Owned Subsidiary Of Globetouch Inc, Usa. The Assessee Is Engaged In The Business Of Rendering Software Development Services (Swd) To Globetouch Inc. For The Assessment Year 2016-2017, The Return Of Income Was Filed Declaring An Income Of Rs.4,23,01,510 Under The Normal Provisions Of The Income-Tax Act. The Assessment Was Selected

For Appellant: S/Sri.Ajit Kumar Jain & Siddesh Chaugule, CAsFor Respondent: Dr.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 92CSection 92D

assessee with its Associated Enterprises (AEs). The TPO, vide his order dated 24.10.2019, passed u/s 92CA of the I.T.Act proposed the Transfer Pricing adjustment of a sum of Rs.2,37,17,678 in respect of SWD segment. Pursuant to the TPO’s order, draft assessment order was passed incorporating

M/S Sap Labs India Private Limited, Bangalore vs. DCIT, Bangalore

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

ITA 561/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

Delhi Tribunal further held that in such circumstances the final assessment order would be same but the addition on account of transfer pricing adjustment arising from the determination of the ALP of the international transaction by the TPO emanating from his time barred order passed u/s. 92CA(3) is unsustainable ... Delhi Bench thus directed for deletion of addition of on account of transfer pricing adjustment made in the final assessment order. Hon’ble Delhi Tribunal held as under:- " B. Time limit for passing of order by the TPO 6.1. The ld. AR also challenged the passing of the order