UNITED BREWERIES LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-7(1)(1), BENGALURU

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

Transfer Pricing Officer-TOP under Section 92CA could be invalid and bad in law. 7. It is for this precise reason, Tribunal has rightly held that order passed by the TPO and. DRP is unsustainable in the eyes of law. The said finding is based on the authoritative principles enunciated by the Hon'ble Supreme Court in Kolhapur Canesugar Works

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX (LTU) , BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2835/Bang/2017 : Asst.Year 2013-2014 M/S.Dell International Services The Additional Commissioner India Private Limited Of Income-Tax (Ltu) V. Bangalore. Divyashree Greens, Sy.Nos.12/1, 12/2A & 13/1A,Challaghatta Village,Varthur Hobli Bengaluru – 560 071. Pan : Aaach1925Q. (Appellant) (Respondent) Appellant By : Sri.T.Suryanarayana, Advocate Respondent By : Sri.Praveen Karanth, Cit-Dr Date Of Pronouncement : 20.01.2023 Date Of Hearing : 13.01.2023 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 30.11.2017 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company, Engaged In The Business Of Manufacturing & Trading In Computer Systems Including Support & Maintenance Services & Leasing Of Computers. For The Assessment Year 2013-2014, The Return Of Income Was Filed On 30.11.2013 Declaring Total Income Of Rs.22,31,24,760. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Issued On 2 It(Tp)A No.2835/Bang/2017. M/S.Dell International Services India Private Limited. 11.09.2014. During The Course Of Assessment Proceedings, It Was Noticed That The International Transactions Entered By The Assessee With Its Associated Enterprises (Aes) Had Exceeded The Prescribed Limit, Hence, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The Said Transaction. The Tpo Passed Order U/S 92Ca Of The I.T.Act On 19.10.2016. In The Said Order, The Tpo Had Proposed Following Adjustments:-

transfer pricing study by the Appellant. The Ld. DRP, the Ld. AO and Ld. TPO erred in law and on facts in disregarding the application of multiple-year data while computing the margins of comparable companies. 5.Non-allowance of appropriate adjustment to the comparable companies by the Ld. DRP and AO/ TPO The Ld. AO and Ld. TPO erred

ACIT, MANGALORE vs. M/S CORPORATION BANK, MANGALORE

In the result, appeal of the revenue stands dismissed

Bench: Shri Rajpal Yadav & Shri Abraham P George

Transfer of Undertakings) Act, 1980, or any other bank being a bank included in the Second Schedule to the Reserve Bank of India Act, 1934; (iii) "public financial institution" shall have the meaning assigned to it in section 4A of the Companies Act, 1956 (1 of 1956); (iv) "State financial corporation" means a financial corporation established under section

M/S TE CONNECTIVITY INDIA PVT LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU,CIRCLE-1, , BENGALURU

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

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

transfer pricing adjustment should be restricted only to the international transactions with the AE. This ground is allowed in favour of the assessee. Corporate tax issues 53. The assessee has raised ground Nos.11 to 18 regarding depreciation and additional depreciation as follows:- “11. That on the facts and circumstances of the case, the learned AO/ learned Dispute Resolution Panel (learned

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

In the result, the appeal by the assessee is treated as partly allowed for 37

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.3373/Bang/2018 Assessment Year : 2014-15 M/S. Te Connectivity India Private Limited, Vs. Acit, Te Park, 22B, Doddenakundi Corporation, 2Nd Circle - 2, Large Taxpayer Unit, Phase, Industrial Area, Whitefield Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 7374 C Assessee Respondent Assessee By : Shri. Sriram Seshadri, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 22.02.2022 Date Of Pronouncement : 25.02.2022 O R D E R Per N V Vasudevan

transfer pricing adjustment adjustment at the segment level, in relation to the Appellant’s margin from its licensed manufacturing segment, without restricting such adjustment to the proportion of its international transactions in the said segment. B. TP Adjustment - IS charges and corporate service charges[Original GoA - No. 14 - 15] 9. ALP cannot be 9.1. The lower authorities erred in determining

M/S IDEA CELLULAR LIMITED,BANGALORE vs. ACIT, BANGALORE

In the result, the appeals of the assessee are allowed in part and the appeals of the revenue are dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

price and the sale discount is treated and whether the sale discount is reflected in their books. If the accounts are not ITA Nos.648 to 651 & 758 to 761/Bang/2014 M/s.Idea Cellular Ltd. Page 15 of 22 reflected as set out above, in para 60, Section 194H of the Act is not attracted. Ordered accordingly.” 11. We further note that

M/S IDEA CELLULAR LIMITED,BANGALORE vs. ACIT, BANGALORE

In the result, the appeals of the assessee are allowed in part and the appeals of the revenue are dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

price and the sale discount is treated and whether the sale discount is reflected in their books. If the accounts are not ITA Nos.648 to 651 & 758 to 761/Bang/2014 M/s.Idea Cellular Ltd. Page 15 of 22 reflected as set out above, in para 60, Section 194H of the Act is not attracted. Ordered accordingly.” 11. We further note that

ACIT, BANGALORE vs. M/S IDEA CELLUAR LTD.,, BANGALORE

In the result, the appeals of the assessee are allowed in part and the appeals of the revenue are dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

price and the sale discount is treated and whether the sale discount is reflected in their books. If the accounts are not ITA Nos.648 to 651 & 758 to 761/Bang/2014 M/s.Idea Cellular Ltd. Page 15 of 22 reflected as set out above, in para 60, Section 194H of the Act is not attracted. Ordered accordingly.” 11. We further note that

DCIT, BANGALORE vs. M/S RAMBUS CHIP TECHNOLOGIES (INDIA) PVT. LTD.,, BANGALORE

In the result, the revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P.Boaz

pricing order. This ground of appeal is accordingly allowed. 15. As regards grounds No.4, 5 & 6 are concerned; we find that they relate to corporate matters. 16. As regards ground No.4(a) is concerned, brief facts are that during the assessment proceedings u/s 143(3) r.w.s.144C(13) of the Act, the AO observed that the assessee had paid income

M/S RAMBUS CHIP TECHNOLOGIES (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P.Boaz

pricing order. This ground of appeal is accordingly allowed. 15. As regards grounds No.4, 5 & 6 are concerned; we find that they relate to corporate matters. 16. As regards ground No.4(a) is concerned, brief facts are that during the assessment proceedings u/s 143(3) r.w.s.144C(13) of the Act, the AO observed that the assessee had paid income

JCIT, BANGALORE vs. M/S DELL INTERNATIONAL SERVICES INDIA PVT. LTD.,, BANGALORE

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

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

pricing study by the Appellant. 6.2 The Ld. Panel and the AO / TPO erred in law and on facts in disregarding the application of multiple-year data while computing the margins of comparable companies. 7. Non-allowance of appropriate adjustment to the comparable companies by the Ld. Panel and AO/ TPO AO/ TPO erred in law and on facts

DELL INTERNATIONAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. JCIT, BANGALORE

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

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

pricing study by the Appellant. 6.2 The Ld. Panel and the AO / TPO erred in law and on facts in disregarding the application of multiple-year data while computing the margins of comparable companies. 7. Non-allowance of appropriate adjustment to the comparable companies by the Ld. Panel and AO/ TPO AO/ TPO erred in law and on facts

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. JOINT COMMISSSIONER OF INCOME TAX LTU , BANGALORE

In the result, the appeal of the assessee is partly allowed and the revenue’s appeal is allowed for statistical purposes

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

transfer pricing study by the Appellant. • The Ld. CIT(A), the Ld. AO and Ld. TPO erred in law, and on facts in disregarding the application of multiple- year data while computing the margins of comparable companies. 7. Non-allowance of appropriate adjustment to the comparable companies

JOINT COMMISSIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD , BANGALORE

In the result, the appeal of the assessee is partly allowed and the revenue’s appeal is allowed for statistical purposes

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

transfer pricing study by the Appellant. • The Ld. CIT(A), the Ld. AO and Ld. TPO erred in law, and on facts in disregarding the application of multiple- year data while computing the margins of comparable companies. 7. Non-allowance of appropriate adjustment to the comparable companies

DELL INDIA PRIVATE LTD.,,BANGALORE vs. JCIT, BANGALORE

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

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

Transfer pricing documentation and in the submission made before the TPO from time to time. 18. The learned AO / learned TPO / Hon'ble DRP erred in not considering the multiple year prior year financial data of comparable companies while determining the arm's length price. 19. The learned AO / learned TPO / Hon'ble DRP erred in not considering provision

M/S HERBALIFE INTERNATIONAL INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(4), BANGALORE

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

Bench: Smt. Beena Pillai & Ms. Padmavathy Sit(Tp)A No. 440/Bang/2022 Assessment Year : 2017-18 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of Rmz Pinnacle, No. 15, Income Tax, Commissariat Road, Circle – 3(1)(1), Bengaluru – 560 025. Bangalore. Vs. Pan: Aaach8025R Appellant Respondent : Shri Percy Pardiwala, Assessee By Sr. Counsel Revenue By : Shri D.K. Mishra, Cit (Dr) Date Of Hearing : 28-03-2023 Date Of Pronouncement : 17-05-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 26.03.2022 Passed By The National Faceless Assessment Centre, Delhi On Following Grounds Of Appeal:

194H of the act and therefore these expenses are purely in the nature of selling expenses and cannot be categorised as AMP as alleged by the revenue authorities. 3.5 The Ld.Counsel submitted that, the Ld.TPO considered 50% of the distributor allowances without appreciating that TDS has already been deducted on these payments and without appreciating that the fact that

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTPU , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

price at 25.25%. Even though, DRP refused to interfere with the objections of the assessee in its order, we were informed that DRP has directed the TPO/A.O. not to make any negative working capital adjustment in some of the cases in the next assessment year, in the cases of Market Tools Research P. Ltd., and Mega Systems Worldwide India

M/S HERBALIFE INTERNATIONAL INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

Bench: Shri N V Vasudevan & Shri Chandra Poojari

Transfer Pricing Rules under Rule 10(b) to 10(e) of the Income Tax Rules, the data of the said firm, i.e., Persistent Systems Ltd., could not have been included. Likewise, as far as the Wipro Technology Services goes, it was part of the Citi Group and was during the financial year in question acquired on 21.01.2009 by the Wipro

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BENGALURU vs. M/S HERBAL LIFE INTERNATIONAL INDIA PVT LTD, BENGALURU

Bench: Shri N V Vasudevan & Shri Chandra Poojari

Transfer Pricing Rules under Rule 10(b) to 10(e) of the Income Tax Rules, the data of the said firm, i.e., Persistent Systems Ltd., could not have been included. Likewise, as far as the Wipro Technology Services goes, it was part of the Citi Group and was during the financial year in question acquired on 21.01.2009 by the Wipro