M/S. NEW DELHI TELEVISION LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri H. S. Sidhu & Shri Prashant Maharishinew Delhi Television Ltd, Vs. Acit, 207, Okhla Industrial Estate, Phase- Circle-13(1), Iii, New Delhi New Delhi Pan: Aaacn0865D (Appellant) (Respondent) Acit, Vs. New Delhi Television Ltd, Circle-13(1), 207, Okhla Industrial Estate, New Delhi Phase-Iii, New Delhi Pan: Aaacn0865D (Appellant) (Respondent)

houses, the main source of revenue is advertisement charges. The advertisers approach classified agents or accredited advertising agencies to advertise. The agents/agencies upon receipt of advertisement requirement procure the airtime from the media companies at a discount. Advertisers while making payment to accredited agencies duly deduct tax as required under law under section 194C of the Act on the amount

(Now known as Sony India Limited)

Sections (1) and (2) to Section 92C are applicable to the assessed, as well as the Assessing Officer invoking power under Sub-Section (3) to Section 92C of the Act. As noted above, sub-section (2) to Section 92C stipulates that most appropriate method, out of the methods specified in sub-section (1) shall be applied to determine

MICROSOFT INDIA (R&D) PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-16(2), NEW DELHI

In the result, appeal of the assessee for Assessment Year 2014-15 and 2015-16 is partly allowed

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

house property. 3. The assessee has raised the following grounds of appeal for Ay 2014-15 and similar grounds are also for AY 2015-16:- ITA. No. 8229/Del/2018 (Assessment year: 2014-15) : “1. The order passed by the Assistant Commissioner of Income Tax, Transfer Pricing- 2(2)(2) („Ld. TPO‟), draft assessment order passed by Deputy Commissioner of Income

GE MONEY FINANCIAL SERVICES PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

property. iii. The cost or expenses incurred should be in connection with a benefit or services of facility provided or to be provided to any one or more of such enterprise. The expectation of mutual benefit is important consideration for the acceptance of arrangement for pooling of resources by the enterprises. iv. The enterprises would require that each participant

GE MONEY FINANCIAL SERVICES PVT. LTD.,DELHI vs. DCIT, NEW DELHI

In the result ground, no

Bench: Shri A.T.Varkey & Shri Prashant Maharishi

property. iii. The cost or expenses incurred should be in connection with a benefit or services of facility provided or to be provided to any one or more of such enterprise. The expectation of mutual benefit is important consideration for the acceptance of arrangement for pooling of resources by the enterprises. iv. The enterprises would require that each participant

HEADSTRONG SERVICES INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2008-09

section 92C(2), the ALP in relation to the international transaction shall be determined as under : - `(e) transactional net margin method, by which,— (i) the net profit margin realised by the enterprise from an international transaction entered into with an associated 11 enterprise is computed in relation to costs incurred or sales effected or assets employed or to be employed

HERO MOTO CORP LTD.,NEW DELHI vs. NEAC, DELHI

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

92C of the Act, and held the impugned inter-unit purchases to be not at arm‟s length price on the ground that the profit margin of the non-eligible units, viz., Dharuhera, Gurgaon and Neemran aunits at 7.77%, 4.13% and 18.24% respectively ought to have been charged on such transfer of components. Accordingly, the TPO/AO concluded that the appellant

EDAG ENGINEERING & DESIGN INDIA PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal is allowed

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

property rights were held by their parent/group companies, the Assessee was in effect manufacturing for its related enterprise and, therefore, payment of any royalty on sales would be unreasonable. The TPO made observations to the effect that the payment of royalty had, in fact, inflated the operating costs and was 'Villain of the piece". 3.4 The Assessing Officer passed

ADDL. CIT, SPECIAL RANGE- 03, NEW DELHI vs. DLF LTD., NEW DELHI

Bench: Shri Amit Shukla & Prashant Maharishi

house property number to income from 155-160 business and profession 8 Deletion of Decided in Decided in Para number Dismissed addition on favour of favour of the 13 of the order account of the assesse assesse as per notional as per paragraph rent/additional paragraph number 20 of annual letting number the order vale in respect

PRADEEP WIG,NEW DELHI vs. ACIT CENTRAL CIRCLE-5, NEW DELHI

The appeals of the Revenue are dismissed

Bench: Shri M. Balaganesh & Shri Anubhav Sharma

house or flat) and owned by a ‘non- natural person’ (NNP). A non-natural person is a corporate entity, such as a company, limited liability partnership, trust or investment scheme. To be classed as a dwelling, the property must be: • Used exclusively or in part as a residence • In the process of being adapted or constructed as a residence

MICROSOFT INDIA (R&D) PRIVATE LIMITED,NEW DELHI vs. NEAC, NEW DELHI

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

Bench: Shri Shamim Yahya & Shri Saktijit Deyassessment Year: 2016-17

2. Ld. AO has erred on facts and in law in determining total income of the Appellant at INR 7,218,234,160 as against a returned income of INR 5,526,284,370. Part I - Transfer Pricing Matters 3. That on facts and in law, Hon'ble DRP and the Ld. TPO/ Ld. AO erred in making an adjustment

HEWITT ASSOCIATES (INDIA) PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

In the result, the appeal of the assesee is treated as allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandraasstt. Year : 2007-08

92C (2) of the Act, while determining the arm's length price of the international transactions of the Appellant. 2.13 By not appreciating that there was no intention whatsoever on the part of the Appellant to shift profits outside India by under-reporting revenue since the Appellant was eligible to claim 100 percent of such profits as tax exemption under

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 2(2), NEW DELHI

In the result, appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2014-15]

House Circle 2(2) Connaught Place New Delhi New Delhi PAN: AAACA 0364 L [Appellant] [Respondent] Assessee by : Shri Tarandeep Singh, Adv Revenue by : Shri Surender Pal, CIT-DR Date of Hearing : 02.03.2021 Date of Pronouncement : 08.03.2021 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred against the order dated 29.10.2018 framed u/s 143(3) r.w.s

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, ITA NO. 7691/Del/2017 stands allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

House, Connaught Place, New Delhi PAN : AAACA0364L Appellant Respondent Assessee by : Sh. Tarundeep Singh, Adv. Revenue by : Shri Sanjay I.Bara, CIT-DR 2 Stay No. 475, 476/d/2018& ITA no. 1662/d/2016 (Amadeus India P. Ltd.) Date of Hearing 29.01.2019 Date of Pronouncement 27.02.2019 ORDER PER SUDHANSHU SRIVASTAVA, J.M. : These appeals have been filed challenging additions/ disallowances made by the Assessing Officer

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, ITA NO. 7691/Del/2017 stands allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

House, Connaught Place, New Delhi PAN : AAACA0364L Appellant Respondent Assessee by : Sh. Tarundeep Singh, Adv. Revenue by : Shri Sanjay I.Bara, CIT-DR 2 Stay No. 475, 476/d/2018& ITA no. 1662/d/2016 (Amadeus India P. Ltd.) Date of Hearing 29.01.2019 Date of Pronouncement 27.02.2019 ORDER PER SUDHANSHU SRIVASTAVA, J.M. : These appeals have been filed challenging additions/ disallowances made by the Assessing Officer

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 2(2), NEW DELHI

In the result, ITA NO. 7691/Del/2017 stands allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

House, Connaught Place, New Delhi PAN : AAACA0364L Appellant Respondent Assessee by : Sh. Tarundeep Singh, Adv. Revenue by : Shri Sanjay I.Bara, CIT-DR 2 Stay No. 475, 476/d/2018& ITA no. 1662/d/2016 (Amadeus India P. Ltd.) Date of Hearing 29.01.2019 Date of Pronouncement 27.02.2019 ORDER PER SUDHANSHU SRIVASTAVA, J.M. : These appeals have been filed challenging additions/ disallowances made by the Assessing Officer

JINDAL STAINLESS LTD.,HISAR vs. DCIT, NEW DELHI

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

property associated with the sale (vii) Foreign currency receipt (viii) Alternatives realistically available with the buyer and the seller. 81. In OECD Transfer Pricing guidelines at II-3 paragraphs 2.8 and 2.9 it is states as follows: "2.8 It may be difficult to find a transaction between independent enterprises that is similar enough to a controlled transacting such that

DCIT, NEW DELHI vs. M/S JSL LTD.,, HISAR

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

property associated with the sale (vii) Foreign currency receipt (viii) Alternatives realistically available with the buyer and the seller. 81. In OECD Transfer Pricing guidelines at II-3 paragraphs 2.8 and 2.9 it is states as follows: "2.8 It may be difficult to find a transaction between independent enterprises that is similar enough to a controlled transacting such that

MS. SAXO INDIA PVT. LTD.,,GURGAON vs. ACIT, NEW DELHI

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

Bench: Shri R.S. Syal, Am & Shri Kuldip Singh, Jm Assessment Year : 2011-12 Saxo India Pvt. Ltd., Vs. Acit, 20Th Floor, Tower 10C, Circle 22(2), Cyber City, Dlf Phase Ii, New Delhi. Gurgaon. Pan: Aaccc1382J (Appellant) (Respondent) Assessee By : Shri Manoj Pardwani, Ca Department By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 02.02.2016 Date Of Pronouncement : 05.02.2016 Order Per R.S. Syal, Am: This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 26.10.2015 Passed By The Assessing Officer (Ao) Under Sections 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (Hereinafter Also Called `The Act’) In Relation To The Assessment Year 2011-12. 2. The Only Assail In This Appeal Is To The Addition On Account Of Transfer Pricing Adjustment Amounting To Rs. 7,76,66,682/-.

92C(2), the ALP in relation to the international transaction shall be determined as under : `(e) transactional net margin method, by which,— (i) the net profit margin realised by the enterprise from an international transaction entered into with an associated enterprise is computed in relation to costs incurred or sales effected or assets employed or to be employed