M/S. LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT (INTERNATIONAL TAXATION), NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang 131 699 JAE Hyun Lee 131 701 Mong Nam Jung 131 704 p.36,41 BeomSeok Kang 131 707 Umesh Kumar Dhal

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- NOIDA, INTERNATIONAL TAXATION, NOIDA

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang 131 699 JAE Hyun Lee 131 701 Mong Nam Jung 131 704 p.36,41 BeomSeok Kang 131 707 Umesh Kumar Dhal

LG ELECTRONICS INC., KOREA (LGEK),NOIDA vs. DCIT, CIRCLE- 2(2)(1), INTERNATIONAL TAXATION , NEW DELHI

In the result all the 9 appeals filed by the assessee are allowed with above direction for statistical purposes

Bench: Smt Diva Singh & Shri Prashant Maharishi

Section PB-II Reference AO M.B.Shin 133A 660 p.21 YashovardhanVerma 133A 665 H.C.Moon 133A 671 Jae Gyu Cho 133A 677 Woody Nam 133A 680 p.20,22,24,29,33 H.D.Rew 133A 693 H.D.Rew 131 696 p.21,39 Soonkwang 131 699 JAE Hyun Lee 131 701 Mong Nam Jung 131 704 p.36,41 BeomSeok Kang 131 707 Umesh Kumar Dhal

M/S BMW INDIA PVT. LTD.,,GURGAON vs. ACIT, GURGAON

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2011-12] Bmw India Private Ltd. Vs. The Dy. Dcit 7Th Floor, Tower-B, Building Circle-1(1) No. 8, Dlf Cyber City, Phase Gurgaon Ii, Gurgaon Pan:Aabcb7140C (Applicant) (Respondent) Assessee By : Shri Percy Pardiwala, Sr. Adv Shri Divyanshu Agarwal, Adv Department By : Shri H.K. Choudhary, Cit-Dr

92B read with Section 92F (v), an international transaction could include an arrangement, understanding or action in concert, this cannot be a matter of inference. There has to be some tangible evidence on record to show that two parties have “acted in concert”. XXX 37. The provisions under Chapter X do envisage a ‘separate entity concept’. In other words, there

SUPERBRANDS LTD (UK),GURGAON vs. DCIT, CIRCLE- 3(1)(2), INTERNATIONAL TAXATION , NEW DELHI

In the result, the appeal is allowed, as indicated above

Bench: Shri G.S. Pannu, Hon’Ble & Shri Saktijit Deyआ.अ.सं/.I.T.A No.332/Del/2021 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Superbrands Ltd. (Uk) Dcit C/O Bdo India Llp 1501-1508, Vs. Circle 3(1)(2), Palm Spring Plaza, Sector-54, International Taxation, Golf Course Road, Gurgaon, New Delhi. Haryana. Pan No. Aaics6497G अपीलाथ" Appellant ""यथ"/Respondent

92B. a reference is made to the TPO under sub-Section (1) of Section 92CA of the Act. Though the provision does not state as to when a reference is to be made, a reading of section 153 would explicit that the reference is to be made during the course of the assessment proceedings before the expiry of the period

SUPER BRANDS LTD (UK),NEW DELHI vs. ADIT, NEW DELHI

In the result, the appeals of the Revenue are disposed of as

Bench: Shri Saktijit Dey & Shri N.K. Billaiya

92B, a reference is made to the TPO under sub-Section (1) of Section 92CA of the Act. Though the provision does not state as to when a reference is to be made, a reading of section 153 would explicit that the reference is to be made during the course of the assessment proceedings before the expiry of the period

M/S. SUPERBRANDS LIMITED (UK),NEW DELHI vs. DDIT, NEW DELHI

In the result, the appeals of the Revenue are disposed of as

Bench: Shri Saktijit Dey & Shri N.K. Billaiya

92B, a reference is made to the TPO under sub-Section (1) of Section 92CA of the Act. Though the provision does not state as to when a reference is to be made, a reading of section 153 would explicit that the reference is to be made during the course of the assessment proceedings before the expiry of the period

M/S RELIGARE CAPITAL MARKETS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

92B of the Act, (―eligible assessee‘) the assessing officer is required to make a reference to the Transfer Pricing Officer (―TPO‖) to determine the arm‘s length price (―ALP‖) in respect of such international transactions. In case of such an eligible assessee, (as also defined in sub- section 15(b) of section 144C of the Act), the assessing officer

RELIGARE CAPITAL MARKETS LTD.,NOIDA vs. ACIT, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

92B of the Act, (―eligible assessee‘) the assessing officer is required to make a reference to the Transfer Pricing Officer (―TPO‖) to determine the arm‘s length price (―ALP‖) in respect of such international transactions. In case of such an eligible assessee, (as also defined in sub- section 15(b) of section 144C of the Act), the assessing officer

PIONEER INDIA ELECTRONICS PVT. LTD.,GURGAON vs. DCIT, GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishra

reassessments- (1) No order of assessment shall be made under section 143 or section 144 at any time after the expiry of - 11 Pioneer India Electronics Pvt. Ltd. (a) Two years from the end of the assessment year in which the income was first assessable, or (b) One year from the end of the financial year in which a return

HAIER APPLIANCES INDIA PRIVATE LIMITED,DELHI vs. DCIT, IT & TP DELHI 2(1)(1), NEW DELHI

In the result the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms Astha Chandra

92B read with Section 92F(v) of the Act; 8. The TPO /AO erred on facts and in law by determining arm's length price on account of AMP expenses in the absence of any machinery provisions in Chapter X of the Act which are applicable to AMP expense. 9. The TPO /AO erred on facts

BMW INDIA PRIVATE LTD.,GURGAON vs. DCIT, GURGAON

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

Bench: Shri R.S. Syal & Shri K. Narasimha Charyassessment Year: 2010-11 Bmw India Private Ltd. Vs. Dcit 7Th Floor, Tower-B, Building Circle-1(1) No. 8, Dlf Cyber City, Phase Gurgaon Ii, Gurgaon Pan:Aabcb7140C (Applicant) (Respondent) Assessee By : Sh. Percy Pardiwala, Sr. Adv Department By : Sh. H.K. Choudhary, Cit-Dr Date Of Hearing : 08.11.2017 Date Of Pronouncement : 10.11.2017 Order Per R.S. Syal, Vp: This Appeal By The Assessee Emanates From The Final Assessment Order Dated 24.02.2015 Passed By The Assessing Officer (Ao) Under Section 143(3) Read With Section 144 C Of The Income-Tax Act, 1961

92B(2) and held that even if it was a transaction between two Indian companies, it will still be an international transaction. The Tribunal held that there was no international transaction. Even on merits, it was held that the TPO determined the ALP by a method not prescribed u/s 92C and hence no addition was called for. When the matter

HITACHI HIGH- TECHNOLOGIES (SINGAPORE) PTE LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

reassessment proceedings, by holding that the foreign company did not have any right to use premises or any fixed place at its disposal in India and, thus, right to use test or disposal test was not satisfied for holding that it had a PE in India in terms of article 5(1). Further, even though the foreign company was authorized

VEDANTA LIMITED,NEW DELHI vs. ACIT, CIRCLE-26(2), NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh

92B(1) of the Act and hence outside purview of transfer pricing provisions. 10.1 That on the facts and circumstances of the case & in law, the Ld. AO/TPO/DRP erred in not appreciating that as prescribed in 5 Vedanta Ltd. Production Sharing Contract/Petroleum Resource Agreement / Joint Operating Agreement, partners of Unincorporated Joint Venture (UJV) are permissible to pay only for actual

CIT vs. CUSHMAN AND WAKEFIELD INDIA PVT LTD

The appeal is partly allowed

92B of the Income Tax Act, 1961 (“the Act”). Of these, two are important in the present proceedings: payment of referral fee of ₹ 1,73,26,631/- by the assessee to several foreign AEs for referring clients, and ₹ 1,06,39,865/- as reimbursement to CWS and CWHK for costs incurred by them for certain coordination and liaison services

LT FOODS LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri N.K. Billaiya & Shri Yogesh Kumar U.S

Section 92B of the Act of the expression “receivables'' does not mean that de hors the context every item of “receivables'' appearing in the accounts of an entity, which may have dealings with foreign AEs would automatically be characterised as an international transaction. There may be a delay in collection of monies for supplies made, even beyond the agreed limit

RANBAXY LABORATORIES LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, we direct the AO to reduce the book profit u/s 115JB of the Act by the amount of reversal of the provision of Rs

Bench: Sh. I. C.Sudhir Judicialmember & Sh. Prashant Maharishia.Y.: - 2008-09 Ranbaxy Laboratories Ltd. Vs Acit 12Th Floor, Devika Tower, Range -15 6, Nehru Place New Delhi New Delhi Pan No. Aaacr0127N (Appellant) (Respondent)

92B and rule 10B redundant. This is patently an unacceptable position having no sanction of the Indian transfer pricing law. Borrowing a contrary mandate of the TP provisions of other countries and reading it into our provisions is not permissible. The requirement under our law is to compute the income from an international transaction between two AEs having regard

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

Section 92(4) of the Act). 137. The question of aggregation and disaggregation of transactions when the TNM Method or even in other methods is sought to be applied, must have reference to the strength and weaknesses of the TNM Method or the applicable method. Aggregation of transactions is desirable and not merely permissible, if the nature of transaction