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)

2 having their headquarters mentioned in column 3 shall exercise such powers and perform such function of Transfer Pricing Officers as mentioned in Section 92CA for the purpose of sections 92C and 92D of the Act, in respect of persons or classes of persons mentioned in column 5:" 5. It was submitted by Mr. Mahabir Singh, learned Senior

(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

DCIT, NEW DELHI vs. M/S XANSA INDIA LTD., NOIDA

In the result appeal of the revenue is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

2 of this Article, items of income beneficially owned by a resident of a Contracting State, wherever arising, other than income paid out of trusts or the estates of deceased persons in the course of administration, which are not dealt with in the foregoing Articles of this Convention, shall be taxable only in that State. 2. The provisions of paragraph

M/S. MITSUI & CO. INDIA PVT LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

2) of section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely : (a) ** ** ** (b) ** ** ** (c) ** ** ** (d) ** ** ** (e) Transactional net margin method, by which- (i) the net profit margin realised by the enterprise from an international transaction entered

MITSUI & CO INDIA PVT. LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

Appeals are partly allowed and

Bench: Shri S.V.Mehrotrashri Kuldip Singhmitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 6 (1), District Centre Saket, New Delhi. New Delhi (Pan :Aadcm4488J) Mitsui & Co. India Pvt. Ltd., Vs. Dcit, Plot No. D-1, 4Th Floor, Salcon Ras Vilas, Circle 16(2), District Centre Saket, New Delhi New Delhi. (Pan :Aadcm4488J) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, Sh. Ashu Goel, Ca & Shri Ashish, Ca Revenue By : Shri Amrendra Kumar, Cit, Dr Date Of Hearing : 27.01.2016 Date Of Pronouncement : 25.04.2016

2) of section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely : (a) ** ** ** (b) ** ** ** (c) ** ** ** (d) ** ** ** (e) Transactional net margin method, by which- (i) the net profit margin realised by the enterprise from an international transaction entered

M/S. HONDA SIEL POWER PRODUCTS LTD.,GAUTAM BUDH NAGAR vs. DCIT, NEW DELHI

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

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

2) of the Income-tax Rules, 1962 read with section 92C of the Act. 3.20 That the assessing officer/TPO erred on facts and in law in failing to appreciate that the appellant has long-term rights to use the trademark/ licensed intangibles and reaps all the benefits of the said AMP expenses and is thus the economic owner

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

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

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

In the result ground, no

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

2. Active Active Directory (AD) is a Microsoft Directory technology which provides various network services like Authentication, windows client management, DNS Software security, server maintenance, authentication of servers. HQ provides support & hosting for AD. AD is used by businesses globally and has about 130 Domain Controllers (Servers which host AD database). There are some Domain Controllers, software and supporting servers

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

In the result, the appeal filed by the Revenue is dismissed and the appeal

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2006-07 Dcit, Circle- 4(1), Jsl Ltd., New Delhi. O.P. Jindal Marg, Vs. Hisar.

68,203,983 3. The TPO observed that the assessee during the impugned assessment year has a total turnover of Rs.3494.60 crores out of which Rs.2297.28 crores is domestic turnover and Rs.1197.31 crores is export turnover. He observed that the assessee has benchmarked its international transaction of sales to its AE, PT Jindal Stainless (Indonesia) of Rs.226.82 crores using

JSL LTD.,HISAR vs. ACIT, NEW DELHI

In the result, the appeal filed by the Revenue is dismissed and the appeal

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2006-07 Dcit, Circle- 4(1), Jsl Ltd., New Delhi. O.P. Jindal Marg, Vs. Hisar.

68,203,983 3. The TPO observed that the assessee during the impugned assessment year has a total turnover of Rs.3494.60 crores out of which Rs.2297.28 crores is domestic turnover and Rs.1197.31 crores is export turnover. He observed that the assessee has benchmarked its international transaction of sales to its AE, PT Jindal Stainless (Indonesia) of Rs.226.82 crores using

PCIT-1, NEW DELHI vs. BEAM GLOBAL SPIRITS & WINE (INDIA) PVT. LTD.

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

2) of section 288; Digitally Signed By:KAMLESH KUMAR Signing Date:07.03.2025 15:09:32 Signature Not Verified ITA 155/2022 & 156/2022 Page 5 of 38 (ii) "arm's length price" means a price which is applied or proposed to be applied in a transaction between persons other than associated enterprises, in uncontrolled conditions; (iii) "enterprise" means a person (including

PCIT-1, NEW DELHI vs. BEAM GLOBAL SPIRITS & WINE (INDIA)PVT.LTD.

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

2) of section 288; Digitally Signed By:KAMLESH KUMAR Signing Date:07.03.2025 15:09:32 Signature Not Verified ITA 155/2022 & 156/2022 Page 5 of 38 (ii) "arm's length price" means a price which is applied or proposed to be applied in a transaction between persons other than associated enterprises, in uncontrolled conditions; (iii) "enterprise" means a person (including

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

ACIT, NEW DELHI vs. M/S. DENSO INDIA LTD., NEW DELHI

In the result ground No. 4 and 5 of the appeal of the revenue are dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

section 92CA(3) of the Act gave the following observations w.r.t. the international transaction of payment of royalty, technical services fees, know how fee (hereinafter referred as „royalty and technical services fees‟) etc: 2.2 The Ld. TPO disregarded the detailed submissions and formal agreements between the respondent and its AE‟s and ruled that the formal agreement between

ACIT, NEW DELHI vs. M/S DENSO INDIA LTD., NEW DELHI

In the result ground No. 4 and 5 of the appeal of the revenue are dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

section 92CA(3) of the Act gave the following observations w.r.t. the international transaction of payment of royalty, technical services fees, know how fee (hereinafter referred as „royalty and technical services fees‟) etc: 2.2 The Ld. TPO disregarded the detailed submissions and formal agreements between the respondent and its AE‟s and ruled that the formal agreement between

GOODYEAR INDIA LTD.,,FARIDABAD vs. ACIT, NEW DELHI

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

2. Licensee’s Obligation to Mark Licensed Products and Licenses Services – Licensor will have the right, but not the obligation, to require licensee to place on the licensed products, to which the licensed trademark are affixed, or the packaging therefor, or the advertisements for licensed services, the phrase “trademark used under licensed from the Goodyear Tyre and Rubber Company

MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

2. Whether AMP Expenses incurred by the Assessee in India can be treated and categorized as an international transaction under Section 92B of the Income Tax Act, 1961? 3. Whether under Chapter X of the Income Tax Act, 1961, a transfer pricing adjustment can be made by the Transfer 2015:DHC:10110-DB ITA Nos.110/2014 & 710/2015 Page

MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

2. Whether AMP Expenses incurred by the Assessee in India can be treated and categorized as an international transaction under Section 92B of the Income Tax Act, 1961? 3. Whether under Chapter X of the Income Tax Act, 1961, a transfer pricing adjustment can be made by the Transfer 2015:DHC:10110-DB ITA Nos.110/2014 & 710/2015 Page

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

2,646.335 115 432 6,367.050 15 304 HRAP Coil 4 444.740 111 401 3,666.023 9 430 Black Coil 8 436.020 55 2 1.240 1 J4 Black Coil 296 45,205.790 153 174 2,243.400 13 J4 HRAP Coil 32 2,202.630 69 69 605.482 9 J4 Plate 14 382.805 27 104 858.935 8 JSL AUS Black Coil