GLOBAL E-BUSINESS OPERATIONS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Transfer Pricing Issue (Ground 1.12 & Ground 1.13) 5. The learned AR submitted that, as regards ground 1.12 is concerned, the issue in question is squarely covered by the order of the Tribunal in assessee’s group cases in the case of EIT Services India Pvt. Ltd. v. DCIT in IT(TP)A No.210/Bang/2021 (order dated 22.08.2022). It was stated that

DCIT, BANGALORE vs. M/S CISCO SYSTEMS INDIA PVT. LTD.,, BANGALORE

In the result, the Revenue’s appeal as well as Assessee’s appeal are partly allowed for statistical purposes

transfer pricing documentation requirements. 11. The learned TPO / learned AO have erred, in law and in facts, by rejecting the filter of ratio of research and development expenses to sales less than 3% considered by the Appellant for 4 IT(TP)A No.505-508 & CO 135/Bang/2015 M/s.Cisco Systems (India) Pvt.Ltd. the purpose of selecting the companies which do not own intangibles

CISCO SYSTEMS (INDIA) PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the Revenue’s appeal as well as Assessee’s appeal are partly allowed for statistical purposes

transfer pricing documentation requirements. 11. The learned TPO / learned AO have erred, in law and in facts, by rejecting the filter of ratio of research and development expenses to sales less than 3% considered by the Appellant for 4 IT(TP)A No.505-508 & CO 135/Bang/2015 M/s.Cisco Systems (India) Pvt.Ltd. the purpose of selecting the companies which do not own intangibles

EIT SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

transfer of product - financial & edge services as well as diversified activities like artificial intelligence, products services, platforms, consulting etc. Also onsite revenue was 52.7% and no segmental details like services, consulting products are available. In view of the above observations, the co-ordinate bench in assessee's own case for AY 2014-15 directed to exclude this company as comparable

HEWLETT PACKARD (INDIA) SOFTWARE OPERATION PRIVATE LIMITED,2016-17 vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.213/Bang/2021 Assessment Year: 2016-17

transfer pricing adjustment is warranted. He stated that Finance Act, 2012 inserted Explanation to section 92B, with retrospective IT(TP)A No.213/Bang/2021 M/s. Hewlett Packard (India) Software Operation Pvt. Ltd., Bangalore Page 49 of 73 effect from 1.4.2002 and sub-clause (c) of clause (i) of this Explanation provides that: (i) the expression "international transaction" shall include— . . . . . (c) capital financing

DEPUTY COMMISSIONER OF INCOME TAX, C-1(1)(1), BANGALORE vs. ALGONOMY SOFTWARE PRIVATE LIMITED (FORMERLY KNOWN AS MANTHAN SOFTWARE SERVICES PVT LTD), BANGALORE

In the result, all the appeals filed by the revenue stands dismissed and the cross objections being C

Bench: Shri Laxmi Prasad Sahu & Ms. Madhumita Roy

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

DEPUTY COMMISSIONER OF INCOME TAX, C-1(1)(1), BANGALORE vs. ALGONOMY SOFTWARE PRIVATE LIMITED (FORMERLY KNOWN AS MANTHAN SOFTWARE SERVICES PVT LTD), BANGALORE

In the result, all the appeals filed by the revenue stands dismissed and the cross objections being C

Bench: Shri Laxmi Prasad Sahu & Ms. Madhumita Roy

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

DEPUTY COMMISSIONER OF INCOME TAX, C-1(1)(1), BANGALORE vs. ALGONOMY SOFTWARE PRIVATE LIMITED (FORMERLY KNOWN AS MANTHAN SOFTWARE SERVICES PVT LTD), BANGALORE

In the result, all the appeals filed by the revenue stands dismissed and the cross objections being C

Bench: Shri Laxmi Prasad Sahu & Ms. Madhumita Roy

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-1(1)(1), BANGALORE., BENGALURU vs. ALGONOMY SOFTWARE PRIVATE LIMITED, BENGALURU

In the result, the appeals filed by the Revenue for AY 2016-17 to 2018-

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

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), BENGALURU, BENGALURU vs. ALGONOMY SOFTWARE PRIVATE LIMITED, BENGALURU

In the result, the appeals filed by the Revenue for AY 2016-17 to 2018-

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

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1(1)(1), BENGALURU, BENGALURU vs. ALGONOMY SOFTWARE PRIVATE LIMITED, BENGALURU

In the result, the appeals filed by the Revenue for AY 2016-17 to 2018-

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

transfer of skill and knowledge which falls within the ambit of technical services. The DRP has also confirmed the view of the A.O. The AO and DRP has erred in not appreciating that what should be made available is technical knowledge, experience, skill etc. Making available service does not make available knowledge, experience, skill etc. MSSPL has to approach

KINGFISHER AIRLINES LTD,BANGALORE vs. DDIT, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

prices) are also determined on the basis of no. of leased hours of simulators made available to the Indian company and on the basis of the instructors fees etc. The AO in this regard has made reference to the charges for leased hours of simulator as laid down at appendix 1 of the agreement which were as follows:- “Charges

KINGFISHER AIRLINES LTD,BANGALORE vs. DDIT, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

prices) are also determined on the basis of no. of leased hours of simulators made available to the Indian company and on the basis of the instructors fees etc. The AO in this regard has made reference to the charges for leased hours of simulator as laid down at appendix 1 of the agreement which were as follows:- “Charges

DY.DIRECTOR OF INCOME - TAX,, BANGALORE vs. M/S. KING FISHER AIRLINES LTD,, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

prices) are also determined on the basis of no. of leased hours of simulators made available to the Indian company and on the basis of the instructors fees etc. The AO in this regard has made reference to the charges for leased hours of simulator as laid down at appendix 1 of the agreement which were as follows:- “Charges

DY.DIRECTOR OF INCOME - TAX,, BANGALORE vs. M/S. KING FISHER AIRLINES LTD,, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

prices) are also determined on the basis of no. of leased hours of simulators made available to the Indian company and on the basis of the instructors fees etc. The AO in this regard has made reference to the charges for leased hours of simulator as laid down at appendix 1 of the agreement which were as follows:- “Charges