M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

MAPEI CONSTRUCTION PRODUCTS (INDIA) PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4(1)(2), BANGALORE

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 283/Bang/2021 Assessment Year : 2016-17 M/S. Mapei Construction Products (India) Pvt. Ltd., The Assistant A01 & B01, Solus Jain Commissioner Of Heights, Income Tax, 1St Floor, 1St Cross, Circle 4 (1)(2), J C Road, Vs. Bangalore. Bangalore – 560 002. Pan: Aahcm0464A Appellant Respondent : Shri S. Ramasubramanyam, Assessee By Ca : Shri Janardhan, Addl. Cit Revenue By Dr Date Of Hearing : 04-03-2022 Date Of Pronouncement : 01-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Final Assessment Order Dated 24/03/2021 Passed By The Ld.Acit, Under National Assessment Centre, New Delhi, Under Section 143(3) Read With Section 143(3A) & (3B) Of The Act, For The Assessment Year 2016- 17 On Following Grounds Of Appeal: “1. Jurisdiction 1.1. That The Learned Lower Authorities Erred In Law & On Facts In Referring The Case To The Learned Transfer Pricing

section 92 CA requires the Ld.AO to refer such transaction that exceeds ₹ 5 crore to the transfer pricing officer. Page 14 of 22 IT(TP)A No. 283/Bang/2021 A reference made by the Ld.AO needs to be analysed as per para 3.3 of the instruction number 3, only if the appeal is selected for scrutiny for non-transfer pricing risk

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 144C(5), the Dispute Resolution Panel (DRP) shall issue the directions, as it thinks fit, for the guidance of the AO to enable him to complete the assessment after considering report of TPO. The AO passes a final assessment order on the basis of directions of the DRP. 9. The legislative intent in introducing the new transfer pricing legislation

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

In the result, grounds 20 to 23 are allowed for statistical purposes

190. Transfer Pricing grounds 3.The learned DRP/AOITPO erred in making an addition of INR 3,47,04,593 to the total income of the Appellant on account of adjustment in the arm's length price ("ALP") of the provision of software development services transaction entered by the Appellant with its Associated Enterprises ("AEs"). 4.The learned DRP/AO /TPO have erred

M/S.FILTREX TECHNOLOGIES PRIVATE LTD.,,BANGALORE vs. ASST. COMMISSIONER OF INCOME TAX, BANGALORE

In the result, appeal by the Assessee is treated as allowed for statistical purpose

Bench: Shri N.V Vasudevan & Shri Jason P Boazit(Tp)A Nos.469/Bang/2017 (Asst. Year – 2012-13) M/S Filtrex Technologies Pvt. Ltd., #36/4, Raghavendra Nagar, Near Ring Road, 4Th Cross, Hrbr Layout, Bangalore. Pan – Aaacf4091P. …..Appellant Vs. The Asst. Commissioner Of Income-Tax, Circle-(3)(1), Bengaluru. …. Respondent Appellant By : Shri Padmchand Khincha, C.A Respondent By : Shri C.H Sundar Rao, Cit(Dr) Date Of Hearing : 08-03-2018 Date Of Pronouncement : 11-04-2018 O R D E R

190) is pertinent, in which the Assessee Company made the payment for the Corporate IT(TP)ANo.469/B/17 5 Services rendered by one of the Associate Enterprises in respect of which before the Assessing Authority except the statement of services in broad terms (Similar to the appellant), the assessee did not furnish any details about the nature of the services rendered

ESSILOR MANUFACTURING INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals of the assessee are partly allowed and the

Bench: Shri Abraham P George & Shri Vijay Pal Rao

transfer pricing. In the case on hand, the assessee has not brought on record any fact to show that the current year data are not reflecting the correct uncontrolled comparable price. Therefore, this ground of the assessee's appeal is dismissed. 6.1 Ground No.4 is regarding the adjustment for difference in accounting policies, depreciation adjustment, etc. 6.2 At the time

ALCON LABORATORIES INDIA PVT LTD ,BANGALORE vs. INCOME TAX OFFICER WARD-1(1)(4), BANGALORE

In the result the appeal filed by the assessee stands allowed as indicated herein above

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

price as permitted to the Appellant under the provisions of Section 92C(2) of the Act. General Grounds 23. The learned AO has erred. in law and in facts, by levying interest under section 234A and 234B of the Act: Page 5 of 20 IT(TP)A No. 726/Bang/2017 24. The learned AO erred, in law and in facts

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

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 Officer (TPO) to whom the determination of ALP was referred to by the AO, accepted TNMM as the MAM and also used the same PLI for comparison i.e., OP/TC. He also selected comparable companies from database. The TPO identified 6 companies as comparable with the assessee company and worked out the average arithmetic mean of their profit margins

M/S. STEER ENGINEERING PVT. LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-6(1)(2), BENGALURU

In the result, appeal of the Assessee is partly allowed

Bench: Shri N. V. Vasudevan & Ms. S. Padmavathyassessment Year : 2012-13 M/S. Steer Engineering Private Limited, Vs. Dcit, No.290, 4Th Main, 4Th Phase, Circle – 6(1)(2), Peenya Industrial Area, Nagawara, Bengaluru. Bengaluru – 560 058. Pan : Aabcs 8840 E Appellant Respondent Assessee By : Shri. Narendra Jain, Advocate Revenue By : Mrs. Susan D. George, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 18.04.2022 Date Of Pronouncement : 27.04.2022

section 144C(5), the Dispute Resolution Panel (DRP) shall issue the directions, as it thinks fit, for the guidance of the AO to enable him to complete the assessment after considering report of TPO. The AO passes a final assessment order on the basis of directions of the DRP. In case the Assessee chooses not to filed objections before

M/S VERIFONE INDIA TECHNOLOGY PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, appeals filed by assessee stands allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Income Tax Park, Plot No. 76, 77 & 78, Officer, Doddathogur Village, Ward – 7 (1) (3), Begur Hobli, Bangalore. Bangalore South Taluk, Vs. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent & Assessment Year : 2012-13 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Deputy Park, Plot No. 76, 77 & 78, Commissioner Of Doddathogur Village, Income Tax, Begur Hobli, Circle – 7 (1)(2), Bangalore South Taluk, Vs. Bangalore. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent Assessee By : Shri K.R. Vasudevan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-02-2022 Date Of Pronouncement : 25-03-2022

transfer price by INR 2,37,82,190/- with respect to the international transaction rendered by the Appellant under section

M/S VERIFONE INDIA TECHNOLOGY PVT LTD ,BANGALORE vs. INCOME TAX OFFICER WARD-7(1)(3), BANGALORE

In the result, appeals filed by assessee stands allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Income Tax Park, Plot No. 76, 77 & 78, Officer, Doddathogur Village, Ward – 7 (1) (3), Begur Hobli, Bangalore. Bangalore South Taluk, Vs. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent & Assessment Year : 2012-13 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Deputy Park, Plot No. 76, 77 & 78, Commissioner Of Doddathogur Village, Income Tax, Begur Hobli, Circle – 7 (1)(2), Bangalore South Taluk, Vs. Bangalore. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent Assessee By : Shri K.R. Vasudevan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-02-2022 Date Of Pronouncement : 25-03-2022

transfer price by INR 2,37,82,190/- with respect to the international transaction rendered by the Appellant under section

DCIT, BANGALORE vs. M/S CISCO SYSTEMS BV - INDIA BRANCH, BANGALORE

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

Bench: Shri Br Baskaran & Smt. Beena Pillaiit(It)A No.309/Bang/2016 Assessment Year : 2011-12

section 142(1) was issued in response to which representative of assessee appeared before Ld.AO and filed requisite details as called for. The Ld.AO observed that assessee had entered into international transaction with its associated enterprises exceeding Rs.15 crore and therefore the case was referred to Transfer Pricing officer to determined the arm’s length price of the international transactions