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

section 92C, the arm's length price in relation to an international transaction 22[or a specified domestic transaction] shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely: (a) - (d) xx XX (e) Transactional Net Margin Method, by which,- (i) the net profit margin realised by the enterprise from

ACER INDIA PVT LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BENGALURU

In the result, the grounds relating to T

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadale

168 of their order in the case of Sony Ericsson (ITA 16/2014). In of their order in the case of Sony Ericsson (ITA 16/2014). In of their order in the case of Sony Ericsson (ITA 16/2014). In cases where the taxpayer adds substantial value to the resale cases where the taxpayer adds substantial value to the resale cases where

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

Section 133(6) to collate the information on capacity details of the comparable companies such as actual capacity in units, installed capacity, break up of fixed and variable cost, product wise segmental profitability (if any) and provide the Assessee an opportunity by sharing the details so obtained on the comparable companies, and accordingly grant the adjustment for capacity under-utilized

DCIT, BANGALORE vs. M/S RANDOX LABORATORIES INDIA PVT. LTD.,, MUMBAI

In the result, appeal by the Assessee is partly allowed and the appeal by the revenue is dismissed

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

transfer pricing addition could have been made accordingly. 3. Without prejudice to the above, the Honourable DRP and Learned TPO have failed to appreciate that book debt cannot regarded as an international transaction even within the meaning of newly inserted Explanation (i)(c) to section 92B of IT Act. 4. The Honourable DRP and Learned TPO have failed to appreciate

RANDOX LABORATORIES (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, appeal by the Assessee is partly allowed and the appeal by the revenue is dismissed

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

transfer pricing addition could have been made accordingly. 3. Without prejudice to the above, the Honourable DRP and Learned TPO have failed to appreciate that book debt cannot regarded as an international transaction even within the meaning of newly inserted Explanation (i)(c) to section 92B of IT Act. 4. The Honourable DRP and Learned TPO have failed to appreciate

BARRACUDA NETWORKS INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

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

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

Transfer of Shares in Tax Havens (like in the case of Vodafone etc.), if based on relevant facts, such substantial questions of law could be raised before the High Court under Section 260-A of the Act, the Courts could have embarked upon such exercise of framing and answering such substantial question of law. On the other hand, the appeals

M/S. WIPRO LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2556/Bang/2019 Assessment Year : 2015-16

section 10A." Thus it is clear that the Tribunal has followed the earlier order for the Assessment Year 2004-05 which has been upheld by the Hon'ble jurisdictional High Court. Following the earlier order of this Tribunal as well as Hon'ble jurisdictional High Court, we decide this issue in favour of the assessee and against the revenue

M/S. UNITED SPIRITS LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleit(Tp)A No.489/Bang/2017 (Assessment Year: 2012-13) M/S. United Spirits Limited, Ub Towers, No.24, Vittal Mallya Road, Bangalore-560 001 ….Appellant Vs. Dy. Commissioner Of Income Tax, Circle 7(1)(1), Bangalore. ……Respondent. Assessee By: Shri Perci Pardiwala, Senior Advocate & Shri Ketan Ved, C.A. Revenue By: Shri Bipin C.N, Jcit (D.R) Date Of Hearing : 06.03.2020. Date Of Pronouncement : 29.05.2020. O R D E R Per Shri B.R. Baskaran, A.M. : The Assessee Has Filed This Appeal Challenging The Assessment Order Dated 31-01-2017 Passed By The Assessing Officer For Assessment Year 2012-13 Passed U/S 143(3) R.W.S 144C(13) Of The Act.

Section 92. This plea of the assessee is also, therefore, unsustainable in law.” 30. The contention of the assessee that there should arise some “income” from the international transaction in order to invoke the provisions of sec. 92 has been duly addressed by the Special bench in Paragraph 39 of the order. The loan transactions have been included

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

section 14A as computed under Rule 8D(2)(iii) cannot be more than the actual expenditure which can be relatable for earning the exempt income and debited to the Profit and Loss account. In the case on hand the disallowance made by the assessee on its own is not the total expenditure debited to the profit and loss account

GLOBAL E-BUSINESS OPERATIONS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(3)(2), BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.

Transfer Price ("TP") by INR 1,44,30,40,000, with respect to the international transactions undertaken by the Appellant, under section 92CA of the Income Tax Act, 1961 ("the Act"). 1.2. The learned AO/ learned TPO/ Hon'ble DRP erred in rejecting the TP documentation maintained by the Appellant by invoking provisions of subsection (3) of section

INDECOMM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, assessee’s C

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

price at which the international transaction has been undertaken does not exceed 5%, then the international transaction would be deemed to be at arm's length. II. Corporate Tax Computation of deduction under section 10A 15.  The learned Assessing Officer (AO') has erred in computing deduction under section 10A at Rs. 22,986,569 as against the original deduction

MCAFEE SOFTWARE (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee's appeal for Assessment Year 2009-10 is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazi.T. (T.P.) A. No.1009/Bang/2014 (Assessment Year : 2009-10) Mcafee Software (India) Pvt. Ltd., Vs. Dy. Commissioner Of Income Tax, Embassy Golf Links Business Park, Circle 12(1), Bangalore. Pine Valley, 2Nd Floor, Off Indiranagar, Intermediate Ring Road, Koramangala, Bangalore-560 071 Pan Aabcn 3175H Appellant Respondent.

Section 10A of the Act.” TRANSFER PRICING ISSUES (Grounds 1 to 11) 4.1 Before proceeding to deal with the above grounds of appeal on T.P. issues, the approach of the TPO vis-a-vis that of the assessee in its T.P. Study submitted before the TPO is briefly summarised hereunder. 4.2 The assessee is engaged in the provision of software

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), 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.291/Bang/2022 Assessment Year: 2017-18

168/- Operating Cost (OC) Rs.1902,13,13,780/- Adjusted Arm’s length Margin 6.79% of operating revenue Arm’s Length Price (ALP) (100%-6.79% Rs.1649,02,92,047/- = 93.21%) of operating revenue Price Received Rs.1902,13,13,780/- Adjustment u/s 92CA Rs.253,10,21,733/- 7.2 The adjustment made by the TPO of Rs.253,10,21,733/- in the Distribution

M/S. TIVO TECH PRIVATE LIMITED (FORMERLY KNOWN AS VEVEO (INDIA) PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

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

168/- 13. The DRP upheld the TPO’s order with respect to inclusion and exclusions of comparables. Aggrieved, the assessee is in appeal before the Tribunal. 14. The ld. AR submitted that the TPO erred in not applying a cap on upper limit on the turnover/service revenue while selecting the IT(TP)A No.237/Bang/2021 Page 7 of 29 companies comparable

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Anikesh Banerjee

168/- Operating Cost (OC) Rs.1902,13,13,780/- Adjusted Arm’s length Margin 6.79% of operating revenue Page 21 of 65 IT(TP)A No.285/Bang/2021 M/s. Wipro GE Healthcare Pvt. Ltd., Bangalore Rs.1649,02,92,047/- Arm’s Length Price (ALP) (100%-6.79% = 93.21%) of operating revenue Price Received Rs.1902,13,13,780/- Adjustment u/s 92CA Rs.253

NABHIRAJ RATNA BALRAJ BY LEGAL HEIR B.R.RAKESH,BANGALORE vs. INCOME-TAX OFFICER, WARD-7(2)(1), BANGALORE

In the result the appeal of the assessee is allowed

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2016-17

price is an estimation nevertheless, even if by a statutory authority like the stamp duty valuation authority, and such a valuation can never be elevated to the status of such a precise computation which admits no variations. The rigour of section 50C(1) was thus relaxed, and very thoughtfully so, to take these bona fide cases of small variations between