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 provisions is that there should be a transaction between two or more AEs in terms of section 92A

M/S. ATMECS TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-1(1)(1), BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.187/Bang/2021 Assessment Year : 2016-17 M/S. Atmecs Technologies Private Limited, Vs. The Income Tax Officer, Flat No.301, M J Towers, H-No.8-2-698, Ward -1(1)(1), Road No.12, Bengaluru. Banjara Hills, Hyderabad, Telangana – 500 034. Pan : Aamca 0792 J Appellant Respondent Appellant By : Shri. P.V.S.S.Prasad, Ca Respondent By : Shri. Arunkumar, Cit(Tp-2)(Dr)(Itat), Bengaluru Date Of Hearing : 14.12.2021 Date Of Pronouncement : 20.12.2021 O R D E R Per N. V. Vasudevan: This Appeal By The Assessee Is Directed Against The Final Order Of Assessment Dated 30.3.2021 By The National E-Assessment Centre, Delhi, (Hereinafter Referred To As The Assessing Officer, “Ao” In Short) Passed U/S.143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 (Act) In Relation To Ay 2016-2017. 2. The Assessee In Engaged In The Business Of Provision Of Software Development Services (Swd Services), To It’S Associated Enterprises

transfer pricing reports of the foreign AE at United Kingdom, Australia and German; extracts of inter-company service agreement, reconciliation of operating credits earned by the overseas subsidiaries. etc. So far as the risks assumed by the assessee, the same has been elaborately brought out in the TP documentation as could be seen from paragraph 4.03.3 under the sub heading

M/S.SOFTTEK INDIA PVT LTD.,,BANGALORE vs. DCIT- CIRCLE-6(1)(2), BANGALORE

Bench: Shri Inturi Rama Rao & Shri Laliet Kumar

transfer pricing report. The ld. IT(TP)A No. 1747/Bang/2016 Page 3 of 21 DCIT(TPO) vide order dated 22.01.2016 passed order u/s. 92CA called for an adjustment. 3. The assessee was asked to submit the documents maintained in terms of section 92D along with the financial, annual report and copies of the agreement. The assessee furnished the same

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(1), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

transfer pricing provisions would be applicable only if the relationship of two enterprises qualifies as associated enterprises within the meaning of section 92A

UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 7, BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

transfer pricing provisions would be applicable only if the relationship of two enterprises qualifies as associated enterprises within the meaning of section 92A

TESCO HINDUSTAN SERVICE CENTRE PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee is allowed in the terms indicated above

Bench: Shri S.K.Yadav & Shri A. K. Garodiait (Tp) A No.182 (Bang) 2014 (Assessment Years : 2009 – 10)

Section to 92A are also satisfied and ought to have concluded that the Transfer Pricing (TP) provisions do not apply

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

transfer pricing, to the extent material for the purpose of deciding the question referred to the special bench, are as follows: - Continental Automotive Components India Pvt.Ltd. Page 4 of 97 • Section 92(l) of the Act provides that any income arising from an "international transaction" shall be computed having regard to the arms length price. The Explanation to the said

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

transfer pricing provisions would be applicable only if the relationship of two enterprises qualifies as associated enterprises within the meaning of section 92A

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

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

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.2576/Bang/2019 Assessment Year : 2015-16 M/S. Randox Laboratories India Vs. The Asst.Commissioner Of Private Limited, Income Tax, Plot No.191-195 & 246-250, Circle 5(1)(1), Bommasandra-Jigani Link Road, Bengaluru. Kiadb Industrial Area, Bengaluru – 560 105. Pan: Aadcr 0074 K Assessee Respondent

Section 92A, the persons said to be unrelated if they are not associated or deemed to be associated enterprise. Uncontrolled Conditions; are that conditions which are not controlled or suppressed or moulded for achievement of a predetermined results. 5. The AO referred to the Transfer Pricing

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 provisions would be applicable only if the relationship of two enterprises qualifies as associated enterprises within the meaning of section 92A

M/S. ORIGAMI CELLULO PRIVATE LIMITED,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX - 5, BENGALURU

In the result, the appeal of the assessee is allowed

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

Transfer Pricing Risk Parameter which was not referred by the AO to TPO in accordance with CBDT Instruction No.8 of 2015. He was accordingly of the view that the assessment order was prima facie erroneous insofar as it is prejudicial to the interests of revenue. Notice u/s. 263 was issued to the assessee and after considering the submissions

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.

transfer pricing documentation maintained by the Appellant, by invoking provisions of sub- section (3) of 92CA of the Act. 3. The learned AO, the learned TPO, and the Hon'ble DRP have failed to appreciate that the purported international transaction was in essence entered into between two third parties and therefore is at arm's length. 4. The learned

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.

transfer pricing documentation maintained by the Appellant, by invoking provisions of sub- section (3) of 92CA of the Act. 3. The learned AO, the learned TPO, and the Hon'ble DRP have failed to appreciate that the purported international transaction was in essence entered into between two third parties and therefore is at arm's length. 4. The learned

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

transfer price once developed.” Furthermore, the Company is leading provider of Bluetooth Intellectual Property solutions (He referred page 1915 of Annual Report Compendium, expert thinking para) and is also providing digital video surveillance solutions based on the technology developed and for which company has filed patent application (He referred page 1871 & 1872 which is the Annual Report Compendium

DMG MORI SEIKI INDIA MACHINES AND SERVICES PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri N.V Vasudevan & Shri. Jason P Boazit(Tp)A 1617/Bang/2012 (Asst. Year – 2008-09)

transfer pricing, to the extent material for the purpose of deciding the question referred to the special bench, are as follows: - • Section 92(l) of the Act provides that any income arising from an "international transaction" shall be IT(TP)A No. 1617/B/12 7 computed having regard to the arms length price. The Explanation to the said section provides that

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

In the result, appeal of the Assessee is partly allowed

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.460/Bang/2022 Assessment Year : 2017-18 M/S. Dover India Private Limited, Vs. Dcit, Bagmane Laurel, 1St Floor, Circle – 2(1)(1), Block C, Bagmane Tech Park, Bengaluru. C. V. Raman Nagar, Bengaluru – 560 093. Pan : Aaaci 3920 N Appellant Respondent Assessee By : Shri. Chavali Narayanan, Ca Revenue By : Capt. Pradeep Arya, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 03.10.2022 Date Of Pronouncement : 21.10.2022 O R D E R Per N. V. Vasudevanthis Appeal By The Assessee Is Directed Against The Final Order Of Assessment Dated 29.03.2022 Of National Faceless Assessment Centre, Delhi, (Hereinafter Referred To As The Assessing Officer, “Ao” In Short) Passed U/S.143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 (Act) In Relation To Assessment Year 2017-18. 2. The Assessee In Engaged In The Business Of Providing Software Development Services (Swd Services), To Its Wholly Owned Holding Company. In Terms Of The Provisions Of Sec.92-A Of The Act, The Assessee

transfer pricing, to the extent material for the purpose of deciding the question referred to the special bench, are as follows: - • Section 92(l) of the Act provides that any income arising from an "international transaction" shall be computed having regard to the arms length price. The Explanation to the said section provides that allowance for any expense or interest

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

In the result, all these appeals are partly allowed

Bench: Shri N. V. Vasudevan & Shri.Chandra Poojariit(Tp)A Nos. & Appellant Respondent Assessment Year 2593/Bang/2019 M/S. Te Connectivity India Private Limited, Acit, 2015-16 Te Park, 22B, Doddenakundi Corporation, Circle – 2, 2Nd Phase, Industrial Area, Large Taxpayer Unit, Whitefield Road, Bengaluru Bengaluru – 560 048. Pan: Aabct 7374 C 372/Bang/2021 -Do- -Do- 2016-17 200/Bang/2022 -Do- Dcit, Ltu, 2017-18 Circle – 2, Bengaluru. 716/Bang/2022 -Do- Acit, 2018-19 Circle – 7(1)(1), Bengaluru. Assessee By : Shri Sriram Seshadri, Advocate Revenue By : Shri Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.09.2022 Date Of Pronouncement : 23.09.2022 O R D E R Per N. V. Vasudevan:

price applied (or proposed to be applied) when two unrelated persons enter into a transaction in uncontrolled conditions. Unrelated Persons; Section 92A, the persons said to be unrelated if they are not associated or deemed to be associated enterprise. Uncontrolled Conditions; are that conditions which are not controlled or suppressed or moulded for achievement of a predetermined results

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

92A, the persons said to be unrelated if they are not associated or deemed to be associated enterprise. Uncontrolled Conditions are that conditions which are not controlled or suppressed or moulded for achievement of a predetermined result. Section 92C( 1) of the Act provides that the arm's length price in Page 3 of 33 relation to an international transaction