M/S JSK INTERNATIONAL,BADDI vs. PR. CIT, SHIMLA

The appeal of the Assessee is Allowed

TP risk parameter of specified domestic transaction. This fact on record is neither disputed nor denied by the AR. Hence, the AO was statutorily bound to refer the case to TPO to determine ALP in case of such specified domestic transactions entered with AO. As per explanation -2 (c) to section 263 of the Act, it is clarified that

CENTRIENT PHARMACEUTICALS INDIA PRIVATE LIMITED,PUNJAB vs. DCIT/ ACIT, CIRCLE 1(1), CHANDIGARH, CHANDIGARH

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

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ I.T.A. No. 1201/Chd/2024 "नधा"रण वष" / Assessment Year: 2021-22

Transfer Pricing Grounds: Legal grounds Ground 1: That on the facts and circumstances of the case and in law, the impugned order passes by the Ld. AO is barred by limitation in terms of section 153(1)/(4) and therefore, is liable to be quashed. Ground 2: Based on the facts and circumstances of the present case

ACIT, CHANDIGARH vs. M/S GLAXO SMITHKLINE ASIA PVT. LTD., GURGAON

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. DCIT, CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. DCIT, CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

M/S GLAXOSMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

M/S GLAXO SMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, C-4(1), CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

M/S GLAXO SMITHKLINE ASIA PVT. LTD.,GURGAON vs. ACIT, C-4(1), CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

M/S GLAXO SMITHKLINE ASIA PVT. LTD.,NABHA vs. DCIT, C-4(1), CHANDIGARH

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

ACIT, CHANDIGARH vs. M/S GLAXO SMITHKLINE ASIA PVT. LTD., GURGAON

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

ACIT, CHANDIGARH vs. M/S GLAXO SMITHKLINE ASIA PVT. LTD., GURGAON

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

ACIT, CHANDIGARH vs. M/S GLAXO SMITHKLINE ASIA PVT. LTD., GURGAON

In the result, all the appeals of the assessee and the Revenue, stand partly allowed for statistical purposes

Method (TNMM) considering the assessee as the tested party. Comparables selected disclosed an operating margin of 10.63% and the transaction was claimed to be at arms’ length price falling within (+/-) 3% range of the operating profit margin of the assessee. The Transfer Pricing Officer (TPO) carried out a fresh search and selected seven comparables with a median OP/OC margin

DSM SINOCHEM PHARMACEUTICALS INDIA PRIVATE LIMITED,NAWANSHAHR vs. DCIT, CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 253/ चंडीगढ़/2016(िन.व. 2011-12)

Transfer Pricing Adjustment of Rs.8,05,24,450/- in respect of corporate services fees. The TPO applied CUP as the most appropriate method and determined ALP of the transaction as Nil. The TPO has further observed that no independent party would have made a similar 4 आअसं.253/ चंडीगढ़/2016(िन.व.2011-12) आअसं.1592/ चंडीगढ़/2018

M/S DSM SINOCHEM PHARMACEUTICALS INDIA PVT. LTD. ,TOANSA vs. DCIT, C-1(1), CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri N.K. Saini, Vice- & Shri Vikas Awasthyआअसं. 253/ चंडीगढ़/2016(िन.व. 2011-12)

Transfer Pricing Adjustment of Rs.8,05,24,450/- in respect of corporate services fees. The TPO applied CUP as the most appropriate method and determined ALP of the transaction as Nil. The TPO has further observed that no independent party would have made a similar 4 आअसं.253/ चंडीगढ़/2016(िन.व.2011-12) आअसं.1592/ चंडीगढ़/2018

DCIT, C-1(1) , CHANDIGARH vs. M/S FIDELITY INFORMATION SERVICES INDIA PVT. LTD., CHANDIGARH

In the result, the cross-objection filed by the assessee is dismissed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

TP order; the APA Authority, while determining the mark-up as 16.60%. Thus, it is not once but the cost-plus mark-up reimbursement has been verified by the lower authorities at various stages, i.e., TPO, APA and CIT(A). 9.15 It was submitted that the Hon'ble Tribunal while passing the order for assessment years

M/S CENTRIENT PHARMACEUTICALS INDIA PRIVATE LIMITED,NAWANSHAHAR vs. ADDITINAL/JOINT/DEPUTY/ASSTT. C.IT,ITO,NEAC, DELHI

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

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

transfer pricing adjustment. 4. From the perusal of the records, it is noted that the assessee had benchmarked its aforesaid international transaction by applying Transactional Net Margin method as the most appropriate method which was rejected by the TPO wherein he applied CUP method to benchmark the said international transaction and determined the arm’s length price of the transaction