“arm's length price”

Tpg Capital P. Ltd, Mumbai vs. DCIT 14(3)(1), Mumbai

In the result, appeal of the assessee bearing ITA 3132/Mum/2019is allowedand appeal of the revenue bearing ITA 3283/Mum/2019 is dismissed

Bench: Shri Narendra Kumar Billaiya & Shri Anikesh Banerjeetpg Capital India Private Limited Vs Deputy Commissioner Of 1004, The Capital, Plot No.C-70, Income-Tax, Circle-14(3)(1), Mumbai Room O.475, 4Th Floor, G-Block, Bandra Kurla Complex Bandra (East), Mumbai-400 051 Aayakar Bhavan, M.K. Road, Pan :Aabcn6660K Mumbai-400 020 Dcit-14(3)(1), Mumbai Vs Tpg Capital India Private Limited 1004, The Capital, Plot No.C-70, G-Block, Bandra Kurla Complex Bandra (East), Mumbai-400 051 Pan :Aabcn6660K

erred on facts and circumstances of the case and in law in upholding the action of the AO, in not accepting the arm's length price determined by the Appellant, and choosing to determine the arm's length price by making reference to the TPO even though none ... case and in law in disregarding the methodically prepared Transfer Pricing documentation submitted by the Appellant and in not appreciating that the arm's length price of the international transaction in relation to non-binding investment advisory services was appropriately determine 4. The CIT(A)/AO/TPO erred on facts

DCIT (It) 2(2)(2), Mumbai vs. The Hongkong and Shanghai Banking Corp Ltd, Mumbai

In the result, the captioned appeals by the assessee are partly

Bench: Shri Narendra Kumar Billaiya, Hon'Ble

unrelated banks, therefore, we agree with the Id. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The Id. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

The Hongkong and Shanghai Banking Corporation Ltd, Mumbai vs. Addl DIT (It) -3, Mumbai

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

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Ble

unrelated banks, therefore, we agree with the ld. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The ld. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

DCIT (It) 2(2)(2), Mumbai vs. The Hongkong and Shanghai Banking Corp Ltd, Mumbai

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

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Ble

unrelated banks, therefore, we agree with the ld. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The ld. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

DCIT (It) 2(2)(2), Mumbai vs. The Hongkong and Shanghai Banking Corp Ltd, Mumbai

In the result, the captioned appeals by the assessee are partly

Bench: Shri Narendra Kumar Billaiya, Hon'Ble

unrelated banks, therefore, we agree with the Id. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The Id. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

The Hong Kong & Shanghai Banking Corporation Ltd., Mumbai vs. Addl. Director of Income Tax (International Taxation) - Range -3, Mumbai

In the result, the captioned appeals by the assessee are partly

Bench: Shri Narendra Kumar Billaiya, Hon'Ble

unrelated banks, therefore, we agree with the Id. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The Id. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

The Hong Kong & Shanghai Banking Corporation Ltd., Mumbai vs. Addl. Director of Income Tax (International Taxation) - Range -3, Mumbai

In the result, the captioned appeals by the assessee are partly

Bench: Shri Narendra Kumar Billaiya, Hon'Ble

unrelated banks, therefore, we agree with the Id. Counsel that the transaction between the Assessee and HSBC USA is at an arm's length price. The Id. AO has applied ALP at LIBOR + 15 basis points based on the borrowing rate of the assessee on a USD loan taken from

Tata International Ltd, Mumbai vs. Addl CIT 7(3), Mumbai

Bench: Shri Amit Shukla & Shri Gagan Goyal

recovery of any fees or commission from its concerned AEs, that Bank Guarantee commission is not the appropriate benchmarking tool for determining the arm's length price of the "income" accruing to the assessee from the issue of each of the LOCs aforesaid. 2.9 Without prejudice to the foregoing ground ... Form No. 3CEB, hence a reference u/s. 92CA(1) of the Act was made to the Transfer Pricing Officer (TPO) to compute the arm's length prices of the international transactions of the assessee. Thereafter a draft assessment order was issued to the assessee vide dated 14.03.2013 wherein income

DCIT 9(1)(1), Mumbai vs. Afcons Infrastructure Ltd, Mumbai

In the result, the appeal of the Revenue and the C

Bench: Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

duly served on the assessee. Since the assessee had international transactions a reference was made to Transfer Pricing Officer (TPO) to determine the Arm's Length Price (ALP) of the international transactions, the assessee has entered into with its Associated Enterprises (AE). The TPO proposed a TP Adjustment ... important to understand the impugned transaction of performance guarantee on which adjustment has been made by the ld. TPO, because while determining the arm’s length price where is the real benefit arisen or accrued is very crucial and FAR analysis of the transaction. 14. As noted above