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

CONCUR TECHNOLOGIES (INDIA) PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(2)(1), BANGALORE

Appeal of the assessee is partly allowed as indicated above

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2021-22

201 in respect of provision of IT enabled services ("ITeS"); 2.3. INR 2,815,469 in respect of provision of marketing support services ("MSS"); and 2.4. I NR 500,298 in respect of interest on delayed receivables. Grounds relating to transfer pricing ("TP matter) 3. The learned TPO/ AO erred, in law and in facts, by rejecting comparable companies forming

M/S. THE HIMALAYA DRUG COMPANY,BANGALORE vs. ASST. COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

Transfer Pricing Adjustment can be made in respect of AMP expenditure. In this regard, we find that at paras IT(TP)A No.2248/Bang/2016 M/.s. The Himalaya Drug Company, Bengaluru Page 44 of 71 19 to 22 of its order in the case of Essilor India (P.) Ltd. (supra), it was held as under :— '19. In the present case, the assessee

NIKE INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee for AY 2007-08 is allowed and all other appeals of the assessee are treated as partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

transfer price as the arm‘s length price. Then to make a comparison of a horizontal item without segregation would be impermissible. (viii) The Bright Line Test was judicial legislation. By validating the Bright Line Test the Special Bench in LG Electronics Case (supra) went beyond Chapter X of the Act. Even international tax jurisprudence and commentaries do not recognise

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

In the result, the appeal of the assessee for AY 2007-08 is allowed and all other appeals of the assessee are treated as partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

transfer price as the arm‘s length price. Then to make a comparison of a horizontal item without segregation would be impermissible. (viii) The Bright Line Test was judicial legislation. By validating the Bright Line Test the Special Bench in LG Electronics Case (supra) went beyond Chapter X of the Act. Even international tax jurisprudence and commentaries do not recognise

NIKE INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee for AY 2007-08 is allowed and all other appeals of the assessee are treated as partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

transfer price as the arm‘s length price. Then to make a comparison of a horizontal item without segregation would be impermissible. (viii) The Bright Line Test was judicial legislation. By validating the Bright Line Test the Special Bench in LG Electronics Case (supra) went beyond Chapter X of the Act. Even international tax jurisprudence and commentaries do not recognise

M/S NIKE INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE

In the result, the appeal of the assessee for AY 2007-08 is allowed and all other appeals of the assessee are treated as partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

transfer price as the arm‘s length price. Then to make a comparison of a horizontal item without segregation would be impermissible. (viii) The Bright Line Test was judicial legislation. By validating the Bright Line Test the Special Bench in LG Electronics Case (supra) went beyond Chapter X of the Act. Even international tax jurisprudence and commentaries do not recognise

THE HIMALAYA DRUG COMPANY,BENGALURU vs. JOINT COMMISSIONER OF INCOME TAX(OSD), CIRCLE-6(1)(1), BENGALURU

In the result, the appeal filed by the assessee is treated as allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

Transfer Pricing Adjustment can be made in respect of AMP expenditure. In this regard, we find that at paras 19 to 22 of its order in the case of Essilor India (P.) Ltd. (supra), it was held as under :— '19. In the present case, the assessee-company imports the lens from its foreign AE and after some processing, sells

THE HIMALAYA DRUG COMPANY ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R.Baskaran

Transfer Pricing Adjustment can be made in respect of AMP expenditure. In this regard, we find that at paras 19 to 22 of its order in the case of Essilor India (P.) Ltd. (supra), it was held as under :— '19. In the present case, the assessee-company imports the lens from its foreign AE and after some processing, sells

NOVO NORDISK INDIA PRIVATE LIMITED vs. DCIT, BANGALORE

In the result the appeal of the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P.George

transfer pricing adjustment that might ultimately be made. Thus the subvention fee will not be subjected to any ALP test and will only go to reduce the addition on account of determination of ALP, if any, that might ultimately survive. Issues No.2 to 4 are decided accordingly. 70. Thus grounds No. 32 to 40 and the additional ground of appeal

M/S. THE HIMALAYA DRUG COMPANY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(2)(1), BENGALURU

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2015-16

Transfer Pricing Adjustment can be made in respect of AMP expenditure. In this regard, we find that at paras 19 to 22 of its order in the case of Essilor India (P.) Ltd. (supra), it was held as under :— '19. In the present case, the assessee-company imports the lens from its foreign AE and after some processing, sells

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

TEXTRON INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeal filed by the assessee stands allowed on the grounds argued by assessee and other issues that has not been pressed is kept open

transfer pricing exercise would therefore fail. Therefore, in keeping with the OECD guidelines, endeavor should be made to bring in comparable companies for the purpose of broad comparison. Therefore, the working capital adjustment as claimed by the Assessee should be allowed. We hold and direct accordingly.” 28. In view of the above, we remit the issue to the file

DEPUTY COMMISSIONER OF INCOME TAX (INTL TAXN) CIRCLE-1(1), BANGALORE vs. M/S COFFEEDAY ENTERPRISES LIMITED , BANGALORE

In the result, the appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

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

section 201(1) and consequently order passed u/s. 201(1) and 201(1A) of the Act on 31.03.2018 is barred by limitation, bad in law and deserves to be annulled. 4. The facts of the case are that an order u/s. 201(1) and 201(1A) of the I.T. Act was passed in the case of the assessee for interest

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Pricing), circle 1(1)(1), vide order dated 4.10.2019 has revised the adjustment to Rs.13,18,94,281/- (Adjustment in SWD segment). 2.2 Further, there was a disallowance u/s 40a(i) of the Act on account of reimbursement of salary cost of personal transfer from overseas group entities. 2.3 Facts of this issue are as follows:- Disallowance of reimbursement

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

transfer pricing adjustment suo-moto offered by the assessee. The relevant findings of Tribunal are as under:— '17. We have heard both the parties. Before proceeding further, it will be relevant to reproduce section 10A(1). "Section 10A. Special provision in respect of newly established undertakings in free trade zone, etc.—(1) Subject to the provisions of this section

M/S ESSILOR INDIA P LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE

In the result, the both the appeals are treated as partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raoit(Tp)A No.29/Bang/2014 (Assessment Year: 2009-10) & It(Tp)A No.227/Bang/2015 (Assessment Year: 2010-11) M/S.Essilor India Pvt.Ltd. No.71/1, Brigade Plaza, 6Th Floor, S C Road, Gandhinagar, Bangalore-9. … Appellant Pan:Aaace 4623 J Vs. Deputy Commissioner Of Income-Tax, Circle 11(3), Bangalore. … Respondent

transfer price as the arm‘s length price. Then to make a comparison of a horizontal item without segregation would be impermissible. (viii) The Bright Line Test was judicial legislation. By validating the Bright Line Test the Special Bench in LG Electronics Case (supra) went beyond Chapter X of the Act. Even international tax jurisprudence and commentaries do not recognise

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.

201 per share paid to RA Group who held only 18.83% share which was not a controlling stake, which is clear from the fact that control premium has been computed by them with respect to the negotiated price. The RA Group in our view is a good internal CUP as both the assessee and RA Group have sold the shares

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.

201 per share paid to RA Group who held only 18.83% share which was not a controlling stake, which is clear from the fact that control premium has been computed by them with respect to the negotiated price. The RA Group in our view is a good internal CUP as both the assessee and RA Group have sold the shares