“arm's length price”

Towers Watson India P.Ltd, Mumbai vs. DCIT Cir 8(3), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amarjit Singhwillis Towers Watson Vs. The Dcit Central India Private Limited Circle – 8(3), Room No. 204, (F Orm Erly K Nown As T Ower S Wat S On I Nd Ia Pv T.L Td. ) Aaykar Bhavan 2 Floor, Tower B, Unitech Mumbai – 400 093 Business Park, South City-1, Sector 4, Gurgaon -122001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacg2955K Appellant .. Respondent Appellant By : Nikhil Tiwari Respondent By : Manoj Kumar Date Of Hearing 02.05.2023 Date Of Pronouncement 12.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-58, Mumbai Dated 25.03.2015 For A.Y. 2009-10. The Assesse Has Raised The Following Grounds Before Us: “General Ground 1. Erred In Upholding The Action Of The Deputy Commissioner Of Income-Tax 8(3), Mumbai ('Learned Ao) In Determining The Total Taxable Income Of The Appellant For The Subject Ay At Rs.7,04,44,370 Instead Of The Amount Of Rs.1,14,98,477 As Reported Under Section 115Jb Of The Act, In The Return Of Income Filed By The Appellant. 2. Erred In Accepting The Contentions Of The Learned Ao Of Making A Reference Of The Appellant'S Case To The Deputy Commissioner Of Income-Tax Ii(8), Mumbai (Learned Tpo) Under Section 92Ca(1) Of The Act, Without Satisfying The Conditions Specified Therein

computing the transfer pricing adjustment Payment made for availing consultancy services 11. erred in upholding the learned TPO's action of determining the arm's length price of the international transaction of availing consulting services from its AE amounting to Rs.99,27,601 to be Nil by rejecting the benchmarking ... made towards cost allocations on account of intra-group services received 12. erred and upholding the learned TPO's action of determining the arm's length price of the international transaction pertaining to cost allocation payment of Rs. 5,66,39,404 (corrected amount aggregating

Unilever India Exports Ltd., Mumbai vs. DCIT, -CC 5(3), Mumbai

In the result, appeal of the assessee for AY 2017-18 and 2018-19 are allowed

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

assessee has benchmarked the payment of royalty under central service agreement by applying CUP method. Whereas, the Transfer Pricing Officer has determined the arm's length price of the royalty payment at nil on purely conjecture and surmises without following any prescribed method. 15 ITAs 2107 & 208/Mum/2022 Unilever India Exports ... Transfer Pricing Officer on the issue are very cryptic and non–speaking. Therefore, simply for the reason that the determination of arm's length price by the Transfer Pricing Officer is not in accordance with the statutory provisions, the adjustment made deserves to be deleted. In any case

Unilever India Exports Limited, Mumbai vs. ACIT - Central Circle - 5(3), Mumbai

In the result, appeal of the assessee for AY 2017-18 and 2018-19 are allowed

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

assessee has benchmarked the payment of royalty under central service agreement by applying CUP method. Whereas, the Transfer Pricing Officer has determined the arm's length price of the royalty payment at nil on purely conjecture and surmises without following any prescribed method. 15 ITAs 2107 & 208/Mum/2022 Unilever India Exports ... Transfer Pricing Officer on the issue are very cryptic and non–speaking. Therefore, simply for the reason that the determination of arm's length price by the Transfer Pricing Officer is not in accordance with the statutory provisions, the adjustment made deserves to be deleted. In any case

Fusion Jewellery Mfg. Co. P.Ltd, Mumbai vs. Pr CIT 9, Mumbai

Section 92CA(4) of the Act which mandated the Assessing Officer to compute the total income of the Appellant in conformity with the Arm’s Length Price (ALP) determined by the TPO, passed the Final Assessment Order, dated 10.04.2014, making, inter alia, Transfer Pricing Addition ... Officer. This issue has a bearing on the interest payment of 1.23 Crores claimed by the assessee as well as computation of the Arm's Length Price 4. In view of the above it is appears that the assessment order u/s 143(3) passed by the Assessing Officer

3I Infotech Limited, Mumbai vs. Pr. CIT- 15, Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm 3I Infotech Limited Pcit-15 Tower No.5, 5Th Floor, Aaykar Bhavan, 3Rd To 6Th Floors, Vs. International Infotech Park, Mumbai-400 020 Vashi, Navi Mumbai-400 703 (Appellant) (Respondent) Pan No. Aaaci5205Q Assessee By : Shri Bhupendra Karkhanis, Shri Jay Dharod, Ars Revenue By : Ms. Samruddhi Hande, Dr Date Of Hearing: 17.02.203 Date Of Pronouncement : 10.05.2023

Mauritius which came into existence on conversion of assessee’s investment in redeemable preference share in F.Y. 2012-13 and to incorporate the Arm's Length Price determined by the learned Transfer Pricing Officer to be incorporated in the assessment order. 02. The assessee has raised following grounds of appeal ... interest on loan on conversion of preference shares to the Associated Enterprise (AE) to the Transfer Pricing Officer (TPO) for determination of Arm's Length Price and the reasons assigned for doing so are wrong and contrary to the facts and circumstances of the case, provisions of the Income

ACIT Cir 2(3)(1), Mumbai vs. Canvas M Technologies Ltd, Mumbai

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Canvas M Technologies Ltd. Acit Cir 2(3)(1) (Now Known As M/S. Tech Room No. 552, 5Th Floor, Aayakar Mahindra Ltd.) Bhavan, M.K. Road, Vs. Gateway Building, Apollo Mumbai-400 020 Bunder, Mumbai – 400 001 (Appellant) (Respondent) Pan No. Aaccc8665N Assessee By : Mr. Viral Shah, Ar Revenue By : Ms. Samruddhi Hande, Dr Date Of Hearing: 15.02.2023 Date Of Pronouncement : 10.05.2023

Pricing Officer) as per order dated 27th January, 2015, passed under Section 92CA(3) of the Income Tax Act [ The Act] treating the Arm's Length Price [ ALP] of fees paid for technical services at ₹nil incorporated in the Canvas M Technologies Ltd(Now known as Tech Mahindra ... erred in deleting the adjustment to the extent of ₹ 22.67 crore made by the TPO on account of Arm’s length Price without appreciating the fact that the assessee had failed to justify the payment made to the AE. 2. On the facts and circumstances of the case

Dy Commissioner of Income Tax -6(1)(2), Mumbai-400020 vs. M/S. Bristol Myers Squibb India P Ltd., Mumbai-400018

In the result, appeal of the Revenue is partly allowed and the assessee’s cross objections are dismissed

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

assessee. Since the assessee had international transactions, a reference was made to the Transfer Pricing Officer (in short,TPO) to determine the arm’s length price (ALP) of the international transaction. The TPO computed an adjustment of Rs.43,39,27,130/- and an assessment order was passed incorporating ... Income Tax Rules, 1962, which contemplates the determination of ALP under Sec.92C of the Act as per RPM, as under: "Determination of arm's length price under section 92C. 10B. (1) For the purposes of sub-section (2) of section 92C, the arm's length price in relation

L'Oreal India Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Income Tax, Circle-7(1)(1), Mumbai

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

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm L’Oreal India Private Limited Asst. Cit, Circle-7(1)(1) A-Wing, 8Th Floor, Marathon Futurex, Mumbai-400 020 N.M.Joshi Marg, Lower Parel, Vs. Mumbai-400 013

Rs.143.56 crore to the total income of the Appellant under Section 92CA(3) of the Act on account of adjustments in the arm's length price (ALP') of the alleged international transactions undertaken by the Appellant. Presumption of fictitious transaction in the nature of provision of brand promotion sevices' since ... manufacturing and distribution segment without adopting a scientific search process for applying bright line test ('BLT') using 'Other Method to determine the arm's length price of the AMP expenses incurred by the Appellant; Business and commercial expediency 13. Erred in holding that the Appellant incurred AMP expenses for promoting

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

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

that, "One view (to which editor of these law reports subscribes) is that if the dependent agent is being remunerated on a correct arm's length price for the function he performs, risks he assumes, and the assets he employs in his agency, there is no basis for attributing ... DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income- tax Act. The principles have been clarified by the Finance Act, 2001 as also Finance

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

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

that, "One view (to which editor of these law reports subscribes) is that if the dependent agent is being remunerated on a correct arm's length price for the function he performs, risks he assumes, and the assets he employs in his agency, there is no basis for attributing ... DTAA does not refer to arm's length payment. The principles contained in the matter of income from international transaction on an arm's length price are contained in section 92 of the Income- tax Act. The principles have been clarified by the Finance Act, 2001 as also Finance

Rga International Reinsurance Company Designated Activity Co, Mumbai vs. Dy CIT (International Taxation)-4(1)(1), Mumbai

In the result, the issue under consideration is remitted back to the file of Assessing Officer for statistical purpose

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blerga International Reinsurance V. Dcit (International Taxation) -4(1)(1) Room No. 172, 17Th Floor Company Designated Activity Air India Building, Nariman Point Company Mumbai – 400 021 C/O. S.R.B.C & Associates Llp 14Th Floor, The Ruby 29 Senapati Bapat Marg Dadar (W), Mumbai – 400028 Pan: Aadcr1226K (Appellant) (Respondent) Assessee Represented By : Shri P.S. Paridiwala & Ms. Jasmin Amalasadvala Department Represented By : Ms. Surabhi Sharma

further income can be attributed to the Appellant's alleged PE on the fact that remuneration paid to RGA Services is at arm's length price. 6. Ground 6 The learned AO has, on the facts and in the circumstances of the case and in law, erred in estimating ... reinsurance services. It was also pointed out that whatever services are rendered by RGA India to the assessee have been remunerated at an arm’s length price as such, and that position has been accepted in the transfer pricing assessment. It was also explained that the services rendered

Kongsberg Maritime Cm India Pvt. Ltd., Navi Mumbai vs. Addll/Jt/Dy/ACIT/ITO-NFAC, Delhi

Bench: Shri Prashant Maharishi & Shri Kuldip Singhassessment Year: 2017-18

erred by making adjustment/ disallowances of INR 3,21,74,747 to the total income filed the Appellant Transfer Pricing Grounds Determination of Arm's Length Price ("ALP") for Provision of marketing support services, Provision of application engineering services and Provision of after-sales support services 2. violated the principal ... Pricing Officer has held that as per CUP method, the payment made is not at arm's length and ultimately has determined the arm's length price of such payment at nil. On a perusal of the aforesaid order of the Transfer Pricing Officer, it is very much clear that

Ingredion India Private Limited, Navi Mumbai vs. ACIT, Circle-15(1)(2), Mumbai

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

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

case and in law, the learned TPO/ learned AO/ Hon'ble DRP has erred in proposing/ upholding an adjustment to the Arm's Length Price (ALP) determined by the Appellant in respect of the international transaction of payment of regional service fees by the Appellant to its AES. In doing ... assessee has failed to furnish evidence that such services have been rendered and received during the year. Accordingly, the TPO treated the arm’s length price of this transaction at Nil and proposed an upward adjustment of Rs.9,55,98,734. In conformity, the AO passed the draft order under

Lord India P.Ltd, Mumbai vs. Asst CIT 10(2)(1), Mumbai

In the result we allow the additional ground raised by the assessee and quash the assessment order

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhaillord India Private Vs. Assistant Commissioner Limited (F Ormer Ly Know N A S L Ord Of Income-Tax, Circle- India C Hem Ica L Pr Od Uct S Pv T. Lt D. ) 10(2)(1), Room No. 509, A/401-404, 215 – Atrium Aayakar Bhavan, Chakala, Andheri – Kurla M.K. Road, Road Andheri (East) Mumbai - 400020 Mumbai - 400093 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0785H Appellant .. Respondent Appellant By : M.P. Lohia Respondent By : Dr. Samual Pitta Date Of Hearing 29.03.2023 Date Of Pronouncement 24.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Drp-1, Mumbai Dated 26.02.2015 For A.Y. 2011- 12. The Assesse Has Raised The Following Grounds Before Us: “1. Transfer Pricing - Availing Of Intra-Group Services 1.1 On The Facts & Circumstances Of The Case & In Law, The Learned Acit/ Drp Erred In Determining The Arm'S Length Price In Relation To The International Transaction Relating To The Availing Of Group Benefit Services/ Technical Service Management Services (Hereinafter Referred To As "Intra-Group Services") Of Rs.1,14,87,092 To Be Rs. 22,97,418/-, Thus Making An Adjustment Of Rs.91,89,674/- & Thereby Disregarding The Fact That The Appellant Had Received The Services For The Purposes Of Its Business. In Doing So, The Learned Acit/ Drp Grossly Erred By Not Appreciating The Commercial Wisdom/ Expediency Of The Appellant

intra-group services 1.1 On the facts and circumstances of the case and in law, the Learned ACIT/ DRP erred in determining the arm's length price in relation to the international transaction relating to the availing of group benefit services/ technical service management services (hereinafter referred to as "intra ... Asia region and the corresponding allocation of cost to India region viz. LIPL. 1.8 The learned ACIT/ DRP erred in holding that the arm's length price of the international transaction relating to receipt of intra-group services by the Appellant is only 20% of the value of such transaction

Bridgestone India P. Ltd, Mumbai vs. Assl/Jt/Dy/CIT/Asstt/ITO, National E-Assessment Centre Delh, Delhi

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

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm Bridgestone India P.Ltd Plot No-A-43, Phase-Ii, Midc Addl/Jt/Dy/Cit/Ito, National E- Chakan, Village Sawardari, Assessment Centre Vs. Taluka Khed, Delhi-110 003 Pune-410501 (Respondent) (Appellant) Pan No. Aabcb2304E Assessee By : Shri Sukhsagar Syal, Adv Revenue By : Dr. Mahesh Akhade, Cit Dr. Date Of Hearing: 24.01.2023 Date Of Pronouncement : 21.04.2023

assessee's transfer pricing documentation and economic analysis has passed an order dated 30.10.2018 under Section 92CA(3) of the Act determining the "Arm's Length Price" difference of Rs. 41,57,14,947/- in respect of royalty payment of its AE and Rs. 39,63,921/- in respect