DCIT, NEW DELHI vs. M/S. CORNELL OVERSEAS (P) LTD., NEW DELHI

In the result, appeal of the department is dismissed

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 2166/Del/2011 : Asstt. Year : 2003-04 Dcit, Vs Cornell Overseas (P) Ltd., Circle-3(1), B-235, Okhla Indl. Area, Phase-I, New Delhi New Delhi-110020 (Appellant) (Respondent) Pan No. Aaacc0034F Assessee By : Ms. Vandana Bhandari, Ca Revenue By : Sh. Neeraj Kumar, Sr. Dr Date Of Hearing : 03.02.2017 Date Of Pronouncement : 02.05.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 28.02.2011 Of Ld. Cit(A)-Xx, New Delhi.

92D, the Assessing Officer may proceed to determine the arm's length price in relation to the said international transaction in accordance with sub-sections (1) and (2), on the basis of such material or information or document available with him: Provided that an opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee

M/S. MOTOROLA SOLUTIONS INDIA PVT. LTD.,GURGAON vs. DCIT, GURGAON

Appeal of the assessee is partly allowed for statistical purpose

Bench: Shri N.K. Billaiya & Ms Suchitra Kamble, [Assessment Year: 2008-09]

92D of the Act read with Rule 10D of the Rules; (ii) not appreciating that payment towards service fees/reimbursements is closely linked to the primary business segments/ functions of the appellant and erred in analysing the transaction separately for the determination of arm’s length price; (iii) rejecting the Transactional Net Margin Method f'TNMM”) adopted by the appellant

M/S. AVAYA INDIA PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

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

Bench: Sh. Bhavnesh Saini & Sh. O. P. Kantassessment Year: 2010-11 M/S. Avaya India Pvt. Ltd., Vs. Acit, Tower-B, First Floor, Global Circle-3(2), Room No.380-B, Business Park, Mg Road, C.R. Building, New Delhi Gurgaon Pan :Aaeca3592N (Appellant) (Respondent)

92D of the Act read with Rule 10D of the Rules; 4 4.2 rejecting the Transactional Net Margin Method ('TNMM') as the most appropriate method to test the transaction pertaining to availing of intra group services, without appreciating that the transaction is closely linked to the function of the Appellant of providing ITES and MSS; 4.3 applying Comparable Uncontrolled Price

ALCATEL LUCENT INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

92D of the Act Alcatel Lucent India Ltd. read with Rule 10D of the Income-tax Rules, 1962 (‘Rules’) and in particular modifying/ rejecting the filters applied by the Appellant; 1.4. committing certain factual errors in accept- reject of comparables included in/ excluded from in the final set of companies; 1.5. disregarding multiple year/ prior years’ data as used

ALCATEL LUCENT INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, both the appeals of the assessee are allowed

Bench: Sh. Amit Shukladr. B. R. R. Kumar

92D of the Act Alcatel Lucent India Ltd. read with Rule 10D of the Income-tax Rules, 1962 (‘Rules’) and in particular modifying/ rejecting the filters applied by the Appellant; 1.4. committing certain factual errors in accept- reject of comparables included in/ excluded from in the final set of companies; 1.5. disregarding multiple year/ prior years’ data as used

NOKIA INDIA PVT. LTD.,GURGAON vs. JCIT, SPECIAL RANGE-6, NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

Bench: disregarding the ALP determined by the Appellant and proceeded to determine the ALP himself.

92D of the Act. 3.4. That on fact of the case and in law, Ld. AO/Ld. TPO/ Hon'ble DRP has erred in application of inappropriate filters based on different financial year end, export service income and employee cost for identifying companies comparable to the Appellant. 3.5. That on the facts of the case

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

PERFETTI VAN MELLE INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE-3(1), GURGAON

In the result, the additional ground raised by the assessee is allowed

Bench: The Income Tax Appellate Tribunal, Delhi Bench “I-2”, New Delhi

property of the AE. For instance, ‘Alpenliebe, Mangofillz’, a variant of one of the brands owned by the AE that was developed in India, is registered as a trademark in the name of the AE. The TPO came to the conclusion that the 11 assessee incurred AMP expenses for promoting the brand / trade name which was owned

PERFETTI VAN MELLE INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE-3(1), GURGAON

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

Bench: Shri Anil Chaturvedi & Shri Yogesh Kumar U.S.

92D and 92E, “international transaction” means a transaction between two or more associated enterprises, either or both of whom are non- residents, in the nature of purchase, sale or lease of tangible or intangible property, or provision of services, or lending or borrowing money, or any other transaction having a bearing on the profits, income, losses or assets of such

SANSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, SPECIAL RANGE- 8 , NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. JCIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

ACIT, NEW DELHI vs. M/S SAMSUNG INDIA ELECTRONICS LTD.,, GURGAON

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ACIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi

houses, advertising agencies, marketing bodies etc.) and cannot be treated as related party transactions merely because some incidental benefit is said to accrue to the AEs. 24. The Ld. Counsel also made a without prejudice argument regarding the quantum and composition of AMP expenditure taken by the TPO. The TPO while determining the value of international transaction