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

In the result, appeal of the assessee is partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.202/Bang/2021 Assessment Year :2015-16 M/S. Nike India Pvt.Ltd., Vs. Dcit, Ground & First Floor, Circle – 3(1)(1), Olympia Building, No.66/1, Bagmane Tech Bengaluru. Park, C. V. Raman Nagar, Bengaluru – 560 093. Pan : Aabcn 9612 K Appellant Respondent Assessee By : Shri. K. R. Vasudevan, Advocate Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 21.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan:

112%) 61,17,77,592 Support for Advertisement expenses NIL received Adjustment 61,17,77,592 Accordingly, transfer pricing adjustmentproposed in respect of non-routine AMP expenses incurred by the taxpayer, works out to Rs. 61,17,77,592/-. It is interesting to note that if the taxpayer has been compensated to the extent of the adjustment proposed, the losses

CORP ATTIRE,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.202/Bang/2021 Assessment Year :2015-16 M/S. Nike India Pvt.Ltd., Vs. Dcit, Ground & First Floor, Circle – 3(1)(1), Olympia Building, No.66/1, Bagmane Tech Bengaluru. Park, C. V. Raman Nagar, Bengaluru – 560 093. Pan : Aabcn 9612 K Appellant Respondent Assessee By : Shri. K. R. Vasudevan, Advocate Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 21.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan:

112%) 61,17,77,592 Support for Advertisement expenses NIL received Adjustment 61,17,77,592 Accordingly, transfer pricing adjustmentproposed in respect of non-routine AMP expenses incurred by the taxpayer, works out to Rs. 61,17,77,592/-. It is interesting to note that if the taxpayer has been compensated to the extent of the adjustment proposed, the losses

M/S CONTINENTAL AUTOMOTIVE COMPONENTS INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1), BANGALORE

In the result, the appeal is partly allowed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year :2014-15 M/S. Continental Automotive Vs. Dcit, Components India Pvt. Ltd., Circle – 2(1)(1), Plot No.53B, Bommasandra Industrial Bengaluru. Area, Hosur Road, Attibele Hobli, Anekal Taluk, Bengaluru–560 099. Pan : Aakcs 9578 C Appellant Respondent Assessee By : Shri. T. Suryanarayana, Senior Advocate Revenue By : Shri. Mudavathu Harish Chandra Naik, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.03.2022 Date Of Pronouncement : 29.03.2022 O R D E R

price by the TPO and the adjustment made: Arm’s Length Mean Mark-up 29.40% Operating Cost Rs.129,89,30,000/- Arm’s Length Price @129.40% of cost Rs.168,08,20,000/- Price Received Rs.1,38,06,40,000/- Shortfall being adjustment u/s. 92CA Rs.30,01,80,000/- 79. Aggrieved by the aforesaid determination

M/S UB SPORTS MANAGEMENT OVERSEAS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION) CIRCLE-1(2), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

Bench: Shri George George K. & Ms. Padmavathy S.

transferred by the Appellant to Relay B.V. 8. The learned AO and the Hon'ble DRP have erred in disregarding the comparable uncontrolled transaction of sale of shares of United Spirits Limited by unrelated individual shareholders at the same price of INR 1440 per share by erroneously assuming that there existed separate compensation to such unrelated individual shareholders without there

M/S PALMER INVESTMENT GROUP LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

Bench: Shri George George K. & Ms. Padmavathy S.

transferred by the Appellant to Relay B.V. 8. The learned AO and the Hon'ble DRP have erred in disregarding the comparable uncontrolled transaction of sale of shares of United Spirits Limited by unrelated individual shareholders at the same price of INR 1440 per share by erroneously assuming that there existed separate compensation to such unrelated individual shareholders without there

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

transfer pricing issues in the appeal filed by revenue Ground No.2-5 80. We note that revenue seeks inclusion of Infosys Ltd., Kals Information Systems Ltd. (SEG), Persistent Systems Ltd. and Tata Elxi Ltd. (seg), Sask and communications technology Ltd, RS software India Ltd. 81. At the outset, the Ld.Counsel submitted that these comparables anyways are to be excluded for functional

M/S. EYGBS (INDIA ) LLP (EARLIER KNOWN AS EYGBS (INDIA) PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2342/Bang/2019 Assessment Year: 2011-12

sections or not. Further the Ld DRP also proceeded on the ground that the assessee did not determine the voluntary T.P adjustment in its Transfer Pricing Study. Accordingly, the Ld DRP held that the decision rendered by the co-ordinate bench in the case of I-Gate Global Solutions Ltd (2007)(112

M/S PRAXAIR INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2 , BANGALORE

In the result, both the appeals of the assessee in IT(TP)A No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 271(1)(c) of the Act for furnishing inaccurate particulars of income. IT(TP)A No.3336/Bang/2018 & IT(TP)A No.199/Bang/2021 M/s. Praxier India Pvt. Ltd., Bengaluru Page 14 of 62 4. Ground Nos.1 to 4 in the AY 2014-15 and ground Nos.1 & 2 in the AY 2015-16 are general in nature, which do not require any adjudication

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

In the result, both the appeals of the assessee in IT(TP)A No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 271(1)(c) of the Act for furnishing inaccurate particulars of income. IT(TP)A No.3336/Bang/2018 & IT(TP)A No.199/Bang/2021 M/s. Praxier India Pvt. Ltd., Bengaluru Page 14 of 62 4. Ground Nos.1 to 4 in the AY 2014-15 and ground Nos.1 & 2 in the AY 2015-16 are general in nature, which do not require any adjudication

TYCO FIRE AND SECURITY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.270/Bang/2021 Assessment Year : 2016-17 Acit, M/S. Tyco Fire & Security India Private Limited, Vs. D-601, Rmz Centennial, Circle - 7(1)(1), Kundalahalli Main Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 0087 C Appellant Respondent Assessee By : Shri. Rajan Vora, Ca Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 27/11.09.2022 Date Of Pronouncement : 28.11.2022 O R D E R Per N V Vasudevan

112 The same were transferred as part of the slump sale. Further the assets that were transferred comprised of fixed assets such as laptops and current assets such as trade receivables and work in progress for projects under process whereas the liabilities transferred included accrued expenses, accrued pension, income received in advance, and advance from customers. It was submitted that

DELIVERHEALTH SOLUTIONS INDIA PRIVATE LIMITED (EARLIER KNOWN AS NUANCE TRANSCRIPTION SERVICES INDIA PRIVATE LIMITED),BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, CIRC-2(1)(1), BANGALORE

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 342/Bang/2022 Assessment Year : 2017-18 M/S. Deliverhealth Solutions India Pvt. Ltd. (Earlier Known As Nuance Transcription Services India Pvt. Ltd.) The Joint First Floor, Block B, Commissioner Of Salarpuria Aura, Income Tax, Khata No. 434/170, Circle 2(1)(1), Marathahalli –Sarjapur Outer Vs. Bangalore. Ring Road, Kaverappa Layout, Kadubeesanahalli, Bangalore – 560 103. Pan: Aaacf3465F Appellant Respondent

section 133(6) and is benchmarking analysis are correct. We have noted that, though the Id. AR has relied upon a number of decisions of Tribunal/co- ordinate bench. We have noted that in a recent decision of Tribunal in Wills Processing Services (I) Pvt. Ltd. (supra) on comparability, the Tribunal held as under: We though in light of our aforesaid

JOINT COMMISSIONER OF INCOME TAX, LTU, BANGALORE vs. M/S. TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED, BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

JOINT COMMISSIONER OF INCOME-TAX(LTU), BANGALORE vs. M/S. TEXAS INSTRUMENTS(INDIA) PVT. LTD, BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

ADDITIONAL COMMISSIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED , BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

M/S TEXAS INSTRUMENTS INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTU , BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

M/S. TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, LTU, BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

JOINT COMMISSIONER OF INCOME TAX, LTU, BANGALORE vs. M/S. TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED, BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot

M/S. TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, LTU, BANGALORE

In the result, appeal by the Revenue is dismissed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sappeal Nos. & Appellant Respondent Assessment Year Acit (Ltu)

transfer pricing is not an exact science and no two entities can be exact replicas? 6. Whether the Hon'ble CIT(A) is right in trying to find out exact replica of the assessee for determining the Arm's Length price based on such replica, even when the law and the international jurisprudence itself recognize that there cannot