“arm's length price”

Hannover Millano Fairs Inida P.Ltd, Mumbai vs. Asst CIT Cir 10(1)(1), Mumbai

In the result, the present appeal is partly allowed

pertaining to the Assessment Year 2012-13. 2. The Appellant has raised the following grounds of appeal: “1.) Adjustment in determination of arm's length price of International Transactions Rs,5,74,45,969/- ITA. No. 2065/Mum/2017 Assessment Year: 2012-13 1.1 The Hon'ble Dispute Resolution Panel-I, Mumbai ... adjustment of Rs 5,74,45,969/- made by the Dy. Commissioner of Income Tax (TP)-2(2)(2), Mumbai ("TPO") in the arm's length price (ALP) to international transactions entered into by the Appellant with its Associate Enterprises (AEs) and added to the income of the Appellant

Tessitura Monti India P.Ltd, Mumbai vs. Asst CIT (OSD) 8(3), Mumbai

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

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

Method (TNMM). 3. The learned DRP/AO erred in accepting merely a part of the valuation report which was the basis of determining the arm's length price. The learned DRP/AO resorted to cherry picking by accepting the value as determined in the valuation report merely in regard to machineries whose ... that the assets are old used assets by the associated enterprise and therefore, the assessee was asked to explain as to why the arm’s length price adjustment be not made. In reply, the assessee submitted that it has relied on the independent valuer’s report

Wns Global Services P. Ltd., Mumbai vs. Addl/Jt/Dy/Asstt/CIT/ITO, Nationa Faceless Assessment Centre, Dilhi

In the result, appeal filed by the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalwns Global Services Pvt. Ltd., Pl 10, Gate No.4, Godrej & Boyce Complex, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai-400079. Pan: Aaacw2598L ...... Appellant Vs.. Addl./Jt/Dy./Acit/Ito/Nfac, Room No. 455, Circle-14(3)(1), Mumbai. ..... Respondent Appellant/Assessee By : Sh. Porus Kaka, Sr. Adv. & Sh. Manish Kant Respondent/Revenue By : Sh. Jasdeep Singh, Cit-Dr

determine the price payable by WNS India to WCIL and therefore, the TPO/DRP cannot resort to their own estimate in determining the arm’s length price (para 21). The valuation of an intangible requires expertise and knowledge in the domain of valuation principles, markets and business and even ... contrary, the learned TPO was not justified in rejecting the valuation report issued by an expert used by the Assessee for determining arm's length price of the international transaction Mentor Graphics (Noida) Pvt. Ltd.'s case (109 ITD 101) Philips Software Centre Private Limited vs. Assistant Commissioner of Income

Ubs Ag, Mumbai vs. DCIT (It) 4(3)(1)

In the result, the appeal by the Revenue is dismissed

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

transfer price proposed by the learned Transfer Pricing Officer (Ld. TPO'). 1.1 The Ld. DRP/AO/ TPO erred in re-computing the Arm's Length Price ('ALP') of the international transaction pertaining to receipt of fees for marketing of fixed income products, including interest rate derivative products (collectively known ... Officer (‘AO’) made a reference under section 92CA(1) of the Act to the Transfer Pricing Officer (‘TPO’) for the determination of the arm’s length price of the international transaction reported by the assessee in Form 3CEB. In respect of international transaction pertaining to fees received for marketing

DCIT (It) 4(3)(1), Mumbai vs. Ubs Ag, Mumbai

In the result, the appeal by the Revenue is dismissed

Bench: Shri M. Balaganesh & Shri Sandeep Singh Karhail

transfer price proposed by the learned Transfer Pricing Officer (Ld. TPO'). 1.1 The Ld. DRP/AO/ TPO erred in re-computing the Arm's Length Price ('ALP') of the international transaction pertaining to receipt of fees for marketing of fixed income products, including interest rate derivative products (collectively known ... Officer (‘AO’) made a reference under section 92CA(1) of the Act to the Transfer Pricing Officer (‘TPO’) for the determination of the arm’s length price of the international transaction reported by the assessee in Form 3CEB. In respect of international transaction pertaining to fees received for marketing

M/S Greatship (India) Ltd, Mumbai vs. Add/Jt/Dy/CIT/Asstt/ITO/NFAC, Delhi

In the result, appeal filed by the Appellant is allowed

Associated Enterprises (AEs) was an "international transaction" under Section 92B of the Act. 4. The AO/ TPO / DRP erred in determining the Arm's Length Price of the financial guarantees given by the Appellant on behalf of its AES @ 1.25% per annum. 5. The AO/TPO/ DRP erred in making ... subsidiaries was a shareholder activity for which no charge is required. 7. The AO/TPO/ DRP erred in rejecting the internal CUP method and arm's length price of 0.35% p.a. adopted by the Appellant for benchmarking guarantee commission. 8. The Assessing Officer/TPO/DRP failed to appreciate that the internal CUP method

Lanxess India P.Ltd, Thane vs. DCIT Cir 1, Thane

In the result, the present appeal is partly allowed

Associated Enterprises (AEs) and therefore, a reference was made under Section 92CA(1) to the Transfer Pricing Officer (TPO) for the determination of Arm‘s Length Price (ALP) of the international transactions. During the relevant previous year the Appellant had entered into various international transactions with its Associated Enterprises ... have to be made due 13 ITA. No. 971/Mum/2015 Assessment Year: 2010-11 to differences in FAR, in order to arrive at the arm's length price of finished goods. The Hon'ble High Court notes that the Tribunal had taken into account the fact that for overwhelming majority

DCIT-1(2)(1), Mumbai vs. M/S Cactus Communication Pvt Ltd, Mumbai

The appeal of the Assessee is allowed

transacting entities, thus violating the basic principles of transfer pricing; and d. Erroneously considering the Cross-objector as the tested party and determining arm's length price using companies engaged in Information Technology enabled Services (ITeS) industry. 2. Without prejudice to the above, on the facts and in the circumstances ... Associated Enterprises (AEs) and therefore, a reference was made under Section 92CA(1) to the Transfer Pricing Officer (TPO) for the determination of Arm‟s Length Price (ALP) of the international transactions. 5.2. The TPO noticed that Appellant is a company engaged in the business of providing editing, educational transaction

Abbott India Ltd (As Successor to Solvay Pharma India Ltd), Mumbai vs. Addl CIT RG 7(2), Mumbai

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

Bench: Shri Om Prakash Kant () & Ms Kavitha Rajagopal () Assessment Year: 2007-08 Abott India Limited Addl. Cit-Range 7(2) Unit 3-4, Corporate Park, Aayakar Bhavan, M.K. Sion-Trombay Road, Chembur, Vs. Marg, Mumbai-400 071. Mumbai-400 020 Pan No. Aaacu 9269 Q Appellant Respondent Assessee By : Shri. Madhur Agrawal, Adv. Revenue By : Shri Yogesh Kamat, Cit Dr Date Of Hearing : 22/09/2022 Date Of Pronouncement : 30/11/2022

case in upholding the upward transfer pricing adjustment of Rs. 1,64,77,390/ made by the learned Assessing Officer while determining the arm's length price u/s.143(3) r.w.s. 144C of the Act, in respect of the international transaction of import of Active 4 ABOTT INDIA LIMITED Pharmaceutical Ingredients ... followed OECD Guidelines 2010 considered); (ii) On merits, the CUP method is the most appropriate method to determine the arm's length price in the cases of generic drug manufacturers so long as comparables are available. As the API imported by the assessese was a generic drug and not patent

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

made by the A.O. being the adjustment made by the T.P.O. on account of the Price difference while determining the Arm‟s Length Price. (iv) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in restricting ... adjustments made by the T.P.O on account of Arm‟s Length Price of interest.” 4. Briefly stated facts of the case are that the assessee company was engaged in manufacturing and export of food colours, acid colours, dyes and intermediaries etc. For the year under consideration, the assessee filed return

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

made by the A.O. being the adjustment made by the T.P.O. on account of the Price difference while determining the Arm‟s Length Price. (iv) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in restricting ... adjustments made by the T.P.O on account of Arm‟s Length Price of interest.” 4. Briefly stated facts of the case are that the assessee company was engaged in manufacturing and export of food colours, acid colours, dyes and intermediaries etc. For the year under consideration, the assessee filed return

ACIT CC-43, Mumbai vs. Roha Dyechem P. Ltd, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

made by the A.O. being the adjustment made by the T.P.O. on account of the Price difference while determining the Arm‟s Length Price. (iv) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in restricting ... adjustments made by the T.P.O on account of Arm‟s Length Price of interest.” 4. Briefly stated facts of the case are that the assessee company was engaged in manufacturing and export of food colours, acid colours, dyes and intermediaries etc. For the year under consideration, the assessee filed return

Roha Dyechem P. Ltd, Mumbai vs. ACIT Cen Cir 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

made by the A.O. being the adjustment made by the T.P.O. on account of the Price difference while determining the Arm‟s Length Price. (iv) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in restricting ... adjustments made by the T.P.O on account of Arm‟s Length Price of interest.” 4. Briefly stated facts of the case are that the assessee company was engaged in manufacturing and export of food colours, acid colours, dyes and intermediaries etc. For the year under consideration, the assessee filed return

Roha Dyechem Pvt.Ltd., Mumbai vs. ACIT-Central Circle 43, Mumbai

In the result, all the appeals of the assessee and revenue except ITA No

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2004-05 Acit Cen Ci-43 Rohadyechem Pvt Ltd., 6Th Floor, R.No. 659, Aayakar Survoday Mill Compund, Bhavan, M.K.Rd. Vs. M.P. Mills, Tardeo, Mumbai 400 020 Mumbai-400 034 Pan No. Aaacr 4974P Appellant Respondent

made by the A.O. being the adjustment made by the T.P.O. on account of the Price difference while determining the Arm‟s Length Price. (iv) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in restricting ... adjustments made by the T.P.O on account of Arm‟s Length Price of interest.” 4. Briefly stated facts of the case are that the assessee company was engaged in manufacturing and export of food colours, acid colours, dyes and intermediaries etc. For the year under consideration, the assessee filed return