“arm's length price”

M/S. Acusis Software India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(2), Bengaluru

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2702/Bang/2017 Assessment Year : 2013-14 M/S. Acusis Software India The Deputy Pvt. Ltd., Commissioner Of No. 17/2, Dollars Chamber, Income Tax, Lalbagh Road, Circle – 1(1)(2), Bangalore – 560 027. Bangalore. Vs. Pan: Aadca2415P Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Shri Sumer Singh Meena, Cit Revenue By (Dr) Date Of Hearing : 01-02-2022 Date Of Pronouncement : 01-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order 12.10.2017 Passed By The Ld.Dcit, Circle-1(1)(2), Bangalore Relating To Assessment Year 2013-14 On Following Revised & Modified Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law. Acusis Software India Private Limited (Hereinafter Referred To As 'Appellant). Respectfully Craves Leave To Prefer An Appeal Against The Appeal Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The 'Learned Ao'] Under Section 143(3) Read With Section 144C Of The Income-Tax Act. 1961 ('The Act') On The Following Grounds:

erred in making an addition of INR 11,596.000 to the total income of the Appellant on account of adjustment in the arm's length price of the transaction of provision of medical transcription service entered by the Appellant with its associated enterprise: 3. The learned AO/ TPO erred ... results of the company, the Tribunal found that Page 10 of 16 IT(TP)A No. 2702/Bang/2017 it would be unsafe to assess arm's length price based on TNMM taking into account the results of this company. We do not find the decision of the Tribunal gives rise

Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore vs. M/S Timken Engineering & Research India Private Limited, Bangalore

In the result, the appeal and cross objection filed by the assessee and the appeal of the revenue are treated as partly allowed for statistical purposes

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year:2011-12

that the Mumbai bench of Tribunal in the above said case has expressed the view that when, on similar functions and transactions the arm’s length price has been agreed in APA, and if the said margin is compared with the margin declared in a period not covered ... expense; and hence it will get benchmarked with the transaction of provision of non-binding investment advisory services and related support services. 6. Arm’s Length Price: “The arm’s length price (hereinafter referred to as “ALP”) of the covered transactions shall be the operating profit margin of not less

M/S Timken Engineering and Research India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result, the appeal and cross objection filed by the assessee and the appeal of the revenue are treated as partly allowed for statistical purposes

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year:2011-12

that the Mumbai bench of Tribunal in the above said case has expressed the view that when, on similar functions and transactions the arm’s length price has been agreed in APA, and if the said margin is compared with the margin declared in a period not covered ... expense; and hence it will get benchmarked with the transaction of provision of non-binding investment advisory services and related support services. 6. Arm’s Length Price: “The arm’s length price (hereinafter referred to as “ALP”) of the covered transactions shall be the operating profit margin of not less

Swiss Re Global Business Solutions India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

facts, in making addition of INR 12,01,06,252 to total income of Appellant on pretext that price charged was lower than arm's length price determined for Information Technology Enabled Services ('ITeS') rendered by Appellant to its AE(s); 3. Learned AO / TPO / DRP erred

Societe Generale Global Solution Centre Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-6(1)(2), Bengaluru

In the result, the assessee’s appeal is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

making an addition of INR 15,224,686 to the total income of the Appellant on account of adjustment to the arm's length price pertaining to recovery of expenses. (b) The draft / assessment order issued by the Ld. AO, is bad on facts ... transactions are closely linked transactions, then the same can be aggregated and construed as a single transaction for the purpose of determining the arm's length price. In case, there is close link exists between the different transactions, the same should be treated as composite transaction and appropriate method should

Cisco Systems Services B.V, Bangalore vs. Deputy Commissioner of Income Tax International Taxation Circle-1(1), Bangalore

In the result, the appeal by the assessee is allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 961/Bang/2017 Assessment Year : 2012-13 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, International Taxation, Mahatma Gandhi Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca : Dr. Manjunath Karkaihalli, Revenue By Cit Dr Date Of Hearing : 19-01-2022 Date Of Pronouncement : 19-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 27.02.2017 Passed U/S. 143(3) R.W.S. 144C(14) Of The Income- Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. - India Branch (Hereinafter Referred To As The 'Appellant.) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Deputy Commissioner Of Income-Tax (International Taxation) - Circle 1(1) ('Assessing Officer' Or 'Ao') Dated February 27, 2017 In Pursuance Of The Directions & The Revised Directions Issued By The Dispute Resolution Panel ('Drp'), Bangalore Dated December 29, 2016 & January 16. 2017 Respectively, Under Section 253 Of The Income-Tax Act, 1961 ('Act) On The Following Grounds:

higher threshold while applying the turnover filter; 8. The learned TPO/ learned AO have erred, in law and in facts. in computing the arm's length price without giving the benefit of 5 percent under the proviso to section 92C of the Act; 9. The learned TPO/ learned AO have

Xchanging Solutions Limited, Bangalore vs. ITO, Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

making an addition of INR 25,75,41,584 to the total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have ... corporate guarantee provided by the assessee is to be considered as an international transaction, and, therefore, the Assessing Officer was justified in determining arm's length price of such transaction. 25.2 Having considered the submissions of the parties, we are unable to accept the contention of the learned AR that

ITO, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

making an addition of INR 25,75,41,584 to the total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have ... corporate guarantee provided by the assessee is to be considered as an international transaction, and, therefore, the Assessing Officer was justified in determining arm's length price of such transaction. 25.2 Having considered the submissions of the parties, we are unable to accept the contention of the learned AR that

Xchanging Solutions Limited, Bangalore vs. DCIT, Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

making an addition of INR 25,75,41,584 to the total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have ... corporate guarantee provided by the assessee is to be considered as an international transaction, and, therefore, the Assessing Officer was justified in determining arm's length price of such transaction. 25.2 Having considered the submissions of the parties, we are unable to accept the contention of the learned AR that

DCIT, Bangalore vs. M/S Xchanging Solutions Ltd., Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

making an addition of INR 25,75,41,584 to the total income of the Appellant on account of adjustment to the arm’s length price with respect to the international transactions entered into by the Appellant with its associated enterprise. 5. The learned AO and the learned TPO have ... corporate guarantee provided by the assessee is to be considered as an international transaction, and, therefore, the Assessing Officer was justified in determining arm's length price of such transaction. 25.2 Having considered the submissions of the parties, we are unable to accept the contention of the learned AR that

Cenduit (India) Services Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

Support services in relation to configuration of clinical trial study ("ITeS") by the Appellant to its Associated Enterprise ("AE"), by re-determining the Arm's Length Price ("ALP"). 3. IT service segment 3.1 The Ld. AO and Ld. TPO erred in law and on facts, in rejecting the scientific benchmarking

M/S. Cisco Systems Services B.V. India Branch, Bengaluru vs. Deputy Commissioner of Income Tax, International Taxation, Circle- 1(1), Bangalore

In the result, the appeal by the assessee is allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 2572/Bang/2019 Assessment Year : 2011-12 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, Mahatma Gandhi International Taxation, Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca Revenue By : Shri Pradeep Kumar, Cit (Dr) Date Of Hearing : 04-01-2022 Date Of Pronouncement : 12-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 31.12.2015 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. —India Branch (Hereinafter Referred To As 'The Appellant'), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Learned Ao') Dated October 15, 2019 Under Section 147 Read With Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (`The Act') Pursuant To The Directions Dated September 23, 2019 Issued By The Drp U/S 144C(5) Of The Act ('The Impugned Order') Inter-Alia On The Following Grounds:

Erred in reopening the assessment in contradiction to third proviso to section 147 of the Act, in respect of stream of income, whose arm's length price is already being disputed by the Assessee before the Hon'ble Income Tax Appellate Tribunal in the original assessment proceedings; Validity of draft

M/S Infor (Bangalore) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(1), Bangalore

In the result, the appeal is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2005-06 M/S. Infor (Bangalore) Private Limited, Vs. Dcit, (Previously Softbrands India Private Ltd. & Circle – 3(1)(1), Now Merged With Infor India Private Ltd.,), Bengaluru. 302, 3Rd Floor, Prestige Sigma, #3, Vittal Mallya Road, Bengaluru – 560 001. Pan : Aafcs 9041 K Appellant Respondent Assessee By : Shri. Srinivas K P, Ca Revenue By : Shri. Priyadarshi Mishra, Addl. Cit(Dr)(Itat), Bengaluru Date Of Hearing : 11.01.2022 Date Of Pronouncement : 11.01.2022 O R D E R

income arising from an international transaction (transaction with an Associated Enterprise) shall be computed having regard to the arm’s length price. In this appeal by the Assessee, the dispute is with regard Page 2 of 9 to determination of Arms’ Length Price (ALP) in respect of the aforesaid international ... computed as under: Arithmetic mean PLI . 26.59% Less: Working capital adj. as per Annexure-C 2.96% Adj. Arithmetic mean PLI 23.94% Arm's Length Price: Operating Cost Rs. 6,02,89,055/- Arm's Length Margin 23.94% of the Operating Cost Arm's Length Price @I23.94