M/S. BMM ISPAT LIMITED,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, BANGALORE

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

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2016-17

68 and section 115BBE of the Act. 9. That the authorities below erred in ignoring the relevant details and relying on surmises, suppositions and conjectures in support of the addition. The authorities below erred in making the addition even after giving a finding that the said funds belong to the directors and not to the company. Thus they failed

M/S. TOYOTA TAUSHO INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -3(1)(1), BENGALURU

Accordingly, this ground is allowed for statistical purposes

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

section 92C and the price at which the international transaction or specified domestic transaction has actually been undertaken does not exceed one percent of the latter in respect of wholesale trading and three percent of the latter in all other cases, the price at which the international transaction or specified domestic transaction has actually been undertaken shall be deemed

DCIT, BANGALORE vs. M/S MISYS SOFTWARE (I) PVT. LTD.,, BANGALORE

In the result, both the appeal of Revenue for Assessment Year 2005-06 and the C

Bench: Smt. P. Madhavi Devi & Shri Jason P. Boazi.T(T.P.) A. No.1110/Bang/2011 (Assessment Year : 2005-06) Dy. Commissioner Of Income Tax, Circle 12(1), Bangalore-560 001 …. Appellant. Vs. M/S. Misys Software (I) Pvt. Ltd., Eagle Ridge, Embassy Golf Links Business Park, Off Intermediate Ring Road, Bangalore-560 071. ….. Respondent. Pan Aaack 9067G C.O. No.20/Bang/2012 (In I.T(T.P.) A. No.1110/Bang/2011) (By Assessee)

68,601. (ii) Reimbursement of Expenses paid / payable: Rs.25,91,064. (iii) Reimbursement of expenses received / receivable:Rs.2,04,13,805. The TPO passed an order under section 92CA of the Act dt.2.4.2008 in respect of the aforesaid international transactions entered into by the assessee with its AEs (supra), making an adjustment of Rs.6

PARAMETRIC TECHNOLOGY(INDIA) PVT.LTD.,BANGALORE vs. DCIT CR5(1) (2), BANGALORE

In the result, the assessee's appeal for Assessment Year 2010-11 is partly allowed for statistical purposes

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T. (T.P) A. No.145/Bang/2015 (Assessment Year : 2010-11) Dy. Commissioner Of Income Tax, Vs. M/S. Parametric Technology (India) Circle 5(1)(2), Bangalore. Pvt. Ltd., 4Th Floor, Phoenix Towers, 16, Museum Road, Bangalore-560 025 Pan Aabcp 2629J Appellant Respondent. I.T. (T.P) A. No.226/Bang/2015 (Assessment Year : 2010-11) (By Assessee) Assessee By : S/Shri Ajith Tolani & Darpan Kirpalani, C.As. Revenue By : Dr.P.K. Srihari, Addl. Cit (D.R.) Date Of Hearing : 04.09.2015. Date Of Pronouncement : 28.10.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals, By The Assessee & Revenue, Directed Against The Order Of Assessment For Assessment Year 2010-11 Passed Under Section 143(3) Rws 144C Of The Income Tax Act, 1961 (In Short 'The Act') In Pursuance Of The Directions Of The Dispute Resolution Panel (‘Drp’) Issued Under Section 144C(5) Of The Act Vide Order Dt.28.11.2014. 2. The Facts Of The Case, Briefly, Are As Under :-

68,55,668; which included T.P. Adjustment of Rs.1,53,85,072 to the returned income. 3. Aggrieved by the order of assessment for Assessment Year 2010-11 dt.30.12.2014, both the assessee and revenue have preferred appeals before the Tribunal raising the following grounds :- 3.1 The Grounds raised in the assessee's appeal are as under :- 1. That the order

DCIT, BANGALORE vs. M/S CORE OBJECTS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands allowed partly

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.517/Bang/2015 Assessment Year : 2010-11

92C(3) based on ‘enhanced’ income. We therefore find merit in the arguments advanced by the Ld.Counsel in this regards. 45. The Ld.Counsel before us submitted that assessee does not have any other income other than the income generated from the units that is eligible for deduction under section 10A of the Act. It is also been submitted that

M/S THE HIMALAYA DRUG COMPANY,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee’s appeal for Assessment Year 2011-12 is partly allowed

Bench: Shri Jason P Boaz & Shri Laliet Kumarit(Tp)A No.187/Bang/2015 Assessment Year : 2010-11

92C, 92D and 92E, "international transaction" means a transaction between two or more associated enterprises, either or both of whom are non-residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets

M/S. NTT DATA GLOBAL SERVICES PRIVATE LIMITED,BANGALORE vs. THE JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 5, BANGALORE

Section 92CA(1) to the Transfer Pricing Officer (TPO) for the\ndetermination of Arm's Length Price (ALP) of the international\ntransactions. The TPO noted that as per the Transfer Pricing (TP)\ndocuments furnished for the Assessment Year 2015-2016, the\nAssessee had entered into the following International Transactions\nwith its AEs:\nInternational Transactions as per 3CEB\nParticulars\nReceived

THE HIMALAYA DRUG COMPANY,BENGALURU vs. JOINT COMMISSIONER OF INCOME TAX(OSD), CIRCLE-6(1)(1), BENGALURU

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

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

92C of the Act. The TPO in the case on hand has applied CPM as the MAM. Rule 10B(1)(c) deals with the determination of ALP as per CPM and the same is extracted hereunder :— "(c) cost plus method, by which,— (i) the direct and indirect costs of production incurred by the enterprise in respect of property transferred

M/S. THE HIMALAYA DRUG COMPANY,BANGALORE vs. ASST. COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

92C of the Act. The TPO in the case on hand has applied CPM as the MAM. Rule 10B(1)(c) deals with the determination of ALP as per CPM and the same is extracted hereunder :— "(c) cost plus method, by which,— (i) the direct and indirect costs of production incurred by the enterprise in respect of property transferred

HP INDIA SALES PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX LTU , BANGALORE

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

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.524/Bang/2017 : Asst.Year 2012-2013 M/S.Hp India Sales Private The Joint Commissioner Of Limited (Formerly Known As Income-Tax, Ltu V. Bangalore. Hewlett-Packard India Sales Private Limited), 24 Salarpuria Area, Hosur Main Road, Adugodi Bangalore – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj Jain, Sri.Lalit Attal & Sri.Karon Dhanuka, Advoicates Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 18.08.2022 Date Of Hearing : 27.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 03.01.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Import Of Computer Peripherals From Its Associated Enterprises (Aes) For Sale In India & Also Rendered Certain Support Services. The Return Of Income For Assessment Year 2012-2013 Was Filed On 29.02.2012, Admitting Total Income Of Rs.544,61,99,276. The Return Was Revised On 25.03.2014

Section 92C (1) which sets out the different methods of determining the ALP, makes it clear that the transfer pricing adjustment is made by substituting the ALP for the price of the transaction. To begin with there has to be an international transaction with a certain disclosed price. The transfer pricing adjustment envisages the substitution of the price

M/S. THE HIMALAYA DRUG COMPANY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(2)(1), BENGALURU

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2015-16

68,823/-.” 7. The ld. DRP confirmed the order of the AO. 8. At the time of hearing, both the parties agreed that similar issue came up for consideration in assessee’s own case for AY 2013-14 and the Tribunal in IT(TP)A No.1385/Bang/2019, order dated 14.7.2020, remanded the issue for fresh consideration. 9. The submission

THE HIMALAYA DRUG COMPANY ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R.Baskaran

92C of the Act. The TPO in the case on hand has applied CPM as the MAM. Rule 10B(1)(c) deals with the determination of ALP as per CPM and the same is extracted hereunder :— "(c) cost plus method, by which,— (i) the direct and indirect costs of production incurred by the enterprise in respect of property transferred

M/S. TRANSWORLD ICT SOLUTIONS (P) LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal for Assessment Year 2005-06 is partly allowed

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A Nos.1305 To 1308/Bang/2010 Assessment Years : 2002-03, 2003-04, 2004-05, 2005-06 Dcit, M/S. Transworld Ict Solutions Pvt. Ltd., Vs. No.15, Hoody, Whitefield Road, Central Circle – 2(1), Mahadevapura Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 3824 F Assessee Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Dilip, Advocate, Standing Counsel For Department Date Of Hearing : 03.03.2022 Date Of Pronouncement : 11.03.2022 O R D E R Per N V Vasudevan

68. In all these appeals, there is one issue with regard to the action of the Revenue authorities in not giving the benefit of 5% standard deduction to the arithmetic mean profit margin of comparables before comparing the same with the Assessee’s margin as per the second proviso to section 92C

M/S. TRANSWORLD ICT SOLUTIONS (P) LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal for Assessment Year 2005-06 is partly allowed

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A Nos.1305 To 1308/Bang/2010 Assessment Years : 2002-03, 2003-04, 2004-05, 2005-06 Dcit, M/S. Transworld Ict Solutions Pvt. Ltd., Vs. No.15, Hoody, Whitefield Road, Central Circle – 2(1), Mahadevapura Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 3824 F Assessee Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Dilip, Advocate, Standing Counsel For Department Date Of Hearing : 03.03.2022 Date Of Pronouncement : 11.03.2022 O R D E R Per N V Vasudevan

68. In all these appeals, there is one issue with regard to the action of the Revenue authorities in not giving the benefit of 5% standard deduction to the arithmetic mean profit margin of comparables before comparing the same with the Assessee’s margin as per the second proviso to section 92C

M/S. TRANSWORLD ICT SOLUTIONS (P) LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal for Assessment Year 2005-06 is partly allowed

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A Nos.1305 To 1308/Bang/2010 Assessment Years : 2002-03, 2003-04, 2004-05, 2005-06 Dcit, M/S. Transworld Ict Solutions Pvt. Ltd., Vs. No.15, Hoody, Whitefield Road, Central Circle – 2(1), Mahadevapura Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 3824 F Assessee Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Dilip, Advocate, Standing Counsel For Department Date Of Hearing : 03.03.2022 Date Of Pronouncement : 11.03.2022 O R D E R Per N V Vasudevan

68. In all these appeals, there is one issue with regard to the action of the Revenue authorities in not giving the benefit of 5% standard deduction to the arithmetic mean profit margin of comparables before comparing the same with the Assessee’s margin as per the second proviso to section 92C

M/S. TRANSWORLD ICT SOLUTIONS (P) LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal for Assessment Year 2005-06 is partly allowed

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A Nos.1305 To 1308/Bang/2010 Assessment Years : 2002-03, 2003-04, 2004-05, 2005-06 Dcit, M/S. Transworld Ict Solutions Pvt. Ltd., Vs. No.15, Hoody, Whitefield Road, Central Circle – 2(1), Mahadevapura Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 3824 F Assessee Respondent Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Dilip, Advocate, Standing Counsel For Department Date Of Hearing : 03.03.2022 Date Of Pronouncement : 11.03.2022 O R D E R Per N V Vasudevan

68. In all these appeals, there is one issue with regard to the action of the Revenue authorities in not giving the benefit of 5% standard deduction to the arithmetic mean profit margin of comparables before comparing the same with the Assessee’s margin as per the second proviso to section 92C

MINDTECK (INDIA) LIMITED,BANGALORE vs. ITO, BANGALORE

In the result, appeal by the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

92C of the Act. 5. In support of the assessee’s claim that the price charged by it for services rendered to its AE was at arms’ length, the assessee filed a report as required by the provisions of section 92E of the Act in Form 3EB together with detailed analysis. The assessee adopted Transaction Net Margin Method (TNMM

SOFTLAYER TECHNOLOGIES INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(2), BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahu

68,35,113/-. The case was selected for scrutiny under CASS and statutory notices were issued to the assessee. During the assessment proceedings, it was observed by the assessing officer (AO) that the assessee has undertaken international transactions, therefore, after obtaining approval from Pr.CIT, Bengaluru,6 the case was referred to the TPO for computation of ALP u/s 92C