“arm's length price”

M/S. Te Connectivity Services India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.191/Bang/2022 Assessment Year : 2017-18 M/S. Te Connectivity Services India Private Vs. National Faceless Assessment Centre, Limited, Delhi. 59/2, 1St Floor, Gurudas Heritage, Block-B, 100 Feet Ring Road, Banashankari 2Nd Stage, Bengaluru – 560 070. Pan: Aafct 3474 R Appellant Respondent Assessee By : Shri. Sriram Seshadri, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 14.09.2022 Date Of Pronouncement : 16.09.2022 O R D E R Per N. V. Vasudevan:

addition made to the total income of the assessee on account of determination of IT(TP)A No.191/Bang/2022 Page 2 of 30 Arm’s Length Price (ALP) in respect of an international transaction entered into by the assessee with its Associated Enterprise (AE). The assessee has also raised additional ground ... Dispute Resolution Panel (DRP) are excluded then he would not press for adjudication of other grounds with regard to determination of Arm’s Length Price. Accordingly, we proceed to decide the issue with regard to determination of ALP. 3. The factual details with regard to the determination

Motorola Mobility India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-4(1)(1), Bangalore

In the result, appeal of the assessee is allowed

Bench: Shri. N. V. Vasudevan & Ms. Padmavathy S

been made, then the profit margin as declared when matches with the comparables would result in affirmation of the transfer price as the arm's length price. Then to make a comparison of a horizontal item without segregation would be impermissible. 9. The coordinate bench of the Tribunal

Walvoil Fluid Power India Private Limited, Bengaluru vs. Joint Commissioner of Income Tax, Circle-7(1)(1), Bengaluru

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.339/Bang/2022 Assessment Year : 2011-12 Walvoil Fluid Power India Pvt. Ltd., Vs. The Deputy Commissioner No.19, 2Nd Cross, 2Nd Main, Of Income Tax, Kiadb Attibele Industrial Area, Circle 7(1)(2), Attibele, Anekal Taluk, Bengaluru. Bengaluru – 562 107. Pan: Aaacw 5954E Appellant Respondent Appellant By : Shri R.E. Balasubramaniyan, Ca Respondent By : Dr. Shankar Prasad, K., Addl. Cit-Dr Date Of Hearing : 07.09.2022 Date Of Pronouncement : 14.09.2022 O R D E R Per Padmavathy S.This Appeal Is Against The Final Order Of The Ao Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] Dated 28.01.2022 For The Assessment Year 2011-12 On The Following Grounds:- “1. That The Order Of The Ld. Ao Insofar As It Is Prejudicial To The Interests Of The Appellant Is Opposed To Law & Facts Of The Case. 2. That In The Calculation Of Alp The Ld. Ao Erred In Including Entities Such As M/S Dhp India Ltd & The Sundram Bleistahl

assessee. The AO referred the case to Transfer Pricing Officer (TPO), as assessee 's international transaction exceeded Rs. 15 crore to determine the Arm's Length Price [ALP]. The TPO vide his order dated 29/01/2015 made an adjustment to the extent ... length basis. Rule 10B (1) (d) states as under: "10B . (1) For the purposes of sub-section (2) of section 92C, the arm's length price in relation to an international transaction [or a specified domestic transaction] shall be determined by any of the following methods, being the most appropriate

M/S. G Corp Spaces Private Limited, Bangalore vs. The Assistant Commissioner of Income Tax, Circle- 3(1)(2), Bangalore

Appeal is allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

using CUP method. In the TP study, the assessee used Comparable Uncontrolled Price (CUP) method as the most appropriate method for determining the arm’s length price (ALP) of the interest rate on NCDs issued to the AE. As per the comparables chosen by the assessee, the median rate ... Tranche-I, 11.61% for Tranche-II and 13.52% for Tranche- III. The assessee therefore concluded that rate of interest is within arm’s length price. The TPO did not accept the effective rate considered by the assessee and made the TP adjustment of Rs. 4,97,51,100 by applying

Nxp India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-5(1)(1), Bangalore

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

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

served on the assessee. The case was referred to the Transfer Page 3 of 24 Pricing Officer (TPO) u/s. 92CA for computation of arm’s length price [ALP] u/s. 92CA of the Act. The TPO made an adjustment to the ALP for an amount ... 35th Percentile Margin of comparable set 20.87% Yes Adjustment Required (if PLI< 35th Percentile) Median Margin of comparable set M 27.28% ALP = Arm's Length Price 2,60,00,26,078 (1+M)*OC Price Received OR 2,23,62,82,601 Shortfall being adjustment

Levi Strauss (India) Private Limited, Bengaluru vs. Income Tax Officer, Ward-4(1)(1), Bangalore

In the result, ground 10(c) is allowed for statistical purposes

international transactions with its AEs exceeding Rs.10 crore. The case was referred to the Transfer Pricing Officer (TPO) for the determination of the Arm’s Length Price (ALP) of the international transactions entered by the assessee with its Associate Enterprises (AEs). Subsequently, the assessee company filed return of income ... making an addition of INR 8,867,335 to the total income of the Appellant on account of transfer pricing adjustment in the arm's length price of the international transactions entered by the Appellant with its associated enterprise; 3. The learned TPO and the learned AO have erred

M/S Conduent Business Services India LLP, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(2)(1), Bangalore

In the result, ground No.1 to 3 is allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahu

risk profile of the Appellant vis-a-vis the comparables. 38. The learned AOITPO/DRP erred, in law and in facts, in computing the arm's length price without giving the benefit of 3 percent under the proviso to section 920 of the Act. The Appellant craves leave to add, alter

Amc Cookware (India) Private Limited, Bangalore vs. Income Tax Officer, Ward-1(1)(1), Bangalore

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.429/Bang/2022 Assessment Year : 2017-18 M/S. Amc Cookware (India) Private Limited, Vs. Ito, No.1180, 12Th B Main, 1St Cross, Hal 2Nd Ward – 1(1)(1), Stage, Indira Nagar, Bengaluru. Bengaluru – 560 008. Pan : Aacca 4970 G Appellant Respondent Assessee By : Shri. K. P. Srinivas, Ca Revenue By : Shri. V. S. Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 07.09.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 30.03.2022 Passed By The Ito, Ward – 1(1)(1) Of National Faceless Assessment Centre, Delhi, Passed Under Section 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1962 (Hereinafter Called ‘The Act’) In Relation To Assessment Year 2017-18. 2. The Only Dispute Raised By The Assessee In This Appeal Is As To Whether The Revenue Authorities Were Justified In Determining The Shortfall In Arm’S Length Price (Alp) Of An International Transaction At Rs.2,37,87,122/- & It(Tp)A No.429/Bang/2022 Page 2 Of 8

only dispute raised by the assessee in this appeal is as to whether the Revenue authorities were justified in determining the shortfall in Arm’s Length Price (ALP) of an international transaction at Rs.2,37,87,122/- and IT(TP)A No.429/Bang/2022 Page 2 of 8 making an addition ... Method (*RPM') adopted by your appellant and instead adopted Transactional Net Margin Method (`TNMM') as the most appropriate method ('MAM') to determine the arm's length price of the international transactions with its associated enterprises (**AEs") in the Distribution segment. Consequently, the TPO has erred in considering operating net margins

Schneider Electric It Business India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Ltu, Circle-2, Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.185/Bang/2022 Assessment Year: 2017-18

Income- tax Rules, 1962 ("Rules"); 4.2. conducting a fresh comparability analysis based on the application of additional/ modified filters in determining the arm's length price of contract manufacturing segment and rejecting the filters applied by the Appellant in the TP study; 4.3 erroneously rejecting the audited segmental accounts furnished ... arm's length margin. The Ld. TPO also didn't consider the correct computation of margin of certain companies for determining the arm's length price. 4. Rejection of segmental financials of the Assessee: The Ld. TPO redrew the segmental financials of the Assessee by arbitrarily allocating operating, expenses (which

Arm Embedded Technologies Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 1(1)(1), Bengaluru

In the result, appeal of the assessee stands partly allowed

circumstances of the case, the learned Panel and the learned AO erred in upholding the learned TPO's approach of determining the arm's length price for the provision of software development MOW ('SWD') services and provision of marketing and sales support services (MSS') segments of the Appellant ... Rejecting the value of international transaction of provision of SWD and provision of MSS, as recorded in the books of account. as the arm's length price. 2.2 Rejecting the TP documentation maintained by the Appellant under Section 92D of the Act, in good faith and with due diligence