NOBLE RESOURCES & TRADING INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal is allowed with above direction

Bench: Shri Amit Shukla & Shri Prashant Maharishi

transfer pricing documentation and economic analysis contained therein, passed an order dated 20.01.2014 u/s 92CA(3) of the Act directing therein an addition of Rs. 1,09,82,272/- to be made on account of difference of operating profit determined as per Arm‟s Length Price, i.e. by taking arm‟s length margin on international transactions relating to purchase

NOBLE RESOURCE & TRADING INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is allowed with above direction

Bench: Shri Amit Shukla & Shri Prashant Maharishi

transfer pricing documentation and economic analysis contained therein, passed an order dated 20.01.2014 u/s 92CA(3) of the Act directing therein an addition of Rs. 1,09,82,272/- to be made on account of difference of operating profit determined as per Arm‟s Length Price, i.e. by taking arm‟s length margin on international transactions relating to purchase

M/S ATOTECH INDIA LTD.,,GURGAON vs. ACIT, GURGAON

In the result ground No. 1 of the appeal of the assessee with respect to the above issue is allowed with above direction

Bench: I.C.Sudhir & Shri Prashant Maharishi & Atotech India Ltd, Acit, 66, Km Stone, Nh-8, Gurgaon Circle, Vs. Delhi Jaipur Highway, Gurgaon Gurgaon Pan:Aaccm0338G (Appellant) (Respondent)

penalty proceedings under section 271(i)(c) of the Act.” 24. For this year the assessee filed its return of income on 28/11/2006 declaring an income of Rs. 7 796 8133/–. As the assessee has entered into international transactions. The matter was referred by the Ld. assessing Page 14 of 15 officer to the Ld. transfer pricing

MCKINSEY KNOWLEDGE CENTRE INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result ground No. 14 of the appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimckinsey Knowledge Centre India Pvt. Vs. Dcit, Ltd, Circle-16(2) 3Rd Floor, Block-Iii, Vatika Business Park, New Delhi Sector-49, Sohna Road, Gurgaon Pan:Aaccm2356G (Appellant) (Respondent)

Transfer Pricing ("TP") documentation; and b. Determining the arm's length margins / prices using data pertaining only to financial Year ("FY") 2011 -12 which was not available to the Appellant at the time of complying with the Indian TP documentation requirements 6. The learned TPO / AO / DRP have erred in rejecting certain comparable companies selected by the Appellant in respect

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

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

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

price to mean a price "which is applied or proposed to be applied in a transaction between persons other than associated enterprises in uncontrolled conditions". Since the reference is to "price" and to "uncontrolled conditions" it implicitly brings into play the bright line test. In other words, it emphasises that where the price is something other than what would

M/S. SIS LIVE,GURGAON vs. ACIT, NEW DELHI

In the result the ground No

Bench: I.C.Sudhir & Shri Prashant Maharishisis Live Acit, C/O. Srbc & Associates Llp, Central Circle-17, Room No. Vs. Golf View Corporate Tower B, 356, E-2, Sector-42, Sector Road, Gurgaon Pan:Abrfs4787L (Appellant) (Respondent)

Transfer Pricing Provisions are not applicable in the present case, has also been found to be contrary to the law and also on facts. 13.2 In view of the above facts and discussions, it is held that the payments made/ required to be made by the Firm to its AEs i.r.o the international Transactions are not to be allowed

TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

penalty proceedings which is premature in nature and therefore same are dismissed. 20. Now we come to the additional ground raised by the assessee stating that where the cup method is adopted, assessee should get benefit of set of where the assessee is has transacted at a price lower than and arm’s-length price. We find that this issue

M/S TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDLCIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

penalty proceedings which is premature in nature and therefore same are dismissed. 20. Now we come to the additional ground raised by the assessee stating that where the cup method is adopted, assessee should get benefit of set of where the assessee is has transacted at a price lower than and arm’s-length price. We find that this issue

BT E- SERV (INDIA) PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result appeal No. 99/Del/2016 filed by the assessee for assessment year 2011 – 12 is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi & Bt E-Serv (India) Pvt. Ltd, Ito, 11Th Floor, Eros Corporate Tower, Ward-5(2), Vs. Nehru Place, New Delhi New Delhi Pan:Aadcb2533M (Appellant) (Respondent)

penalty proceedings under section 271(1) (c) of the Act. 24. the learned AO has erred in levying interest under sections 234B and 234D of the Act while completely disregarding the provisions of the Act and the judicial precedence.” 5. Though the assessee has raised 24 grounds in this appeal divided into first 13 grounds on Transfer Pricing

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)

transfer outside India of, or the imparting of information outside India in respect of , any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process s or trade mark or similar property, if such income is payable in pursuance of an agreement made before the 1st day of April, 1976, and the agreement

DCIT, NEW DELHI vs. M/S. NEW DELHI TELEVISION LTD., 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)

transfer outside India of, or the imparting of information outside India in respect of , any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process s or trade mark or similar property, if such income is payable in pursuance of an agreement made before the 1st day of April, 1976, and the agreement

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

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

penalty proceedings under Section 271(1)(c) of the Act. Ground No. 1 and 2 is general 4. 5. Ground No. 3 to 3.8 - Transfer pricing

KAPLAN INDIA PVT. LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

The appeal of the assessee is allowed with above directions

Bench: Shri H. S. Sidhu & Shri Prashant Maharishikaplan India Pvt. Ltd, Vs. Ito, 226, Tribhuvan Complex, Ward-14(2), Ishwar Nagar, Friends Colony New Delhi (West),New Delhi Pan: Aaics9919F (Appellant) (Respondent) Kaplan India Pvt. Ltd, Vs. Addl. Cit, 226, Tribhuvan Complex, Special Range-5, Ishwar Nagar, Friends Colony New Delhi (West),New Delhi Pan: Aaics9919F (Appellant) (Respondent)

Transfer Pricing („TP‟) documentation; and b. Determining the arm‟s length margins / prices using data pertaining only to financial Year („FY‟) 2010-11 which was not available to the Appellant at the time of complying with the Indian TP documentation requirements. 4. The learned TPO/AO/DRP have erred in rejecting certain comparable companies selected by the Appellant by applying inappropriate comparability

ADOBE SYSTEMS SOFTWARE IRELAND LIMITED,IRELAND vs. ACIT CIRCLE 1(1)(1) INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal of the assessee is treated as allowed for statistical purposes subject to the directions contained in para 11, 18 and 19 above

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraasstt. Year: 2020-21

transfer pricing analysis of Adobe India has been undertaken and the ALP has been determined which has been accepted by the Ld. AO, nothing further would be left to be attributed to Adobe India as the alleged PE of the assessee in India and that accordingly would extinguish the need for attribution of any additional profits to the alleged

A.T. KEARNEY INDIA PVT. LTD. (INDIA BRANCH OFFICE),GURGAON vs. ACIT, NEW DELHI

In the result, the appeal of the assessee stands allowed in

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastavaassessment Year: 2010-11 A.T. Kearney India Pvt. Ltd. Acit, (India Branch Office), Circle 1(1), 6Th Floor, Tower D, New Delhi. Vs Global Business Park, Gurgaon-122002 (Pan: Aadca1436G) Appellant Respondent Assessee By: Shri Himanshu Sinha, Adv. Ms Vrinda Tulsiyan, Adv. Department By: Shri H.K. Choudhary, Cit Dr Ms Saweta Nakra, Sr. Dr Date Of Hearing : 14.06.2019 Date Of Pronouncement : 21.06.2019

transfer pricing adjustment made by the appellant. B.2 Set off of brought forward loss. On the facts and in the circumstances of the case, the learned AO has erred and the Hon'ble DRP has further erred in confirming the action of the AO in not allowing set off of brought forward loss of Rs. 5,389,388 as claimed

M/S. AGILENT TECHNOLOGIES (INTERNATIONAL) PVT. LTD.,GURGAON vs. ACIT, GURGAON

In the result ground No. 3 of the appeal of the assessee is allowed

Bench: Smt Diva Singh & Shri Prashant Maharishiagilent Technologies Acit, (International) Pvt. Ltd, Circle-1, Vs. Plot No.-Cp-11, Sector-8, Gurgaon Imt Mangsar, Gurgaon Pan: Aadca4115C (Appellant) (Respondent)

transfer pricing adjustment made under normal provisions of the Act; 4. The Ld. AO has grossly erred on facts and in law by initiating penalty

SH. EVALUESERVE.COM PRIVATE LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result ground No. 8 of the appeal of the assessee is dismissed

Bench: Shri I. C. Sudhir & Shri Prashant Maharishievalueserve.Com Private Vs. Ito, Ltd, Ward-11(2), 701, Guru Apartments, New Delhi Sector-14, Rohni, New Delhi Pan: Aaace8014F (Appellant) (Respondent)

Transfer Pricing Study; (b) making erroneous inclusion and exclusion in the set of comparable companies by using erroneous quantitative filers in the search process; (c) using the data of the Financial Year 2005-06 for the comparable companies despite the same being not available to the Assessee at the time of preparation of the documentation under Rule

WM INDIA TECHNICAL AND CONSULTING SERVICES PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishiwm India Technical & Vs. Dcit, Consulting Services Pvt. Ltd, Circle-27(2), E-20, First & Second Floor, Hauz New Delhi Khas, New Delhi Pan: Aaacw7112N (Appellant) (Respondent)

penalty proceedings u/s 271(1)(c) of the Act, which is premature, hence dismissed. 5. Ground number 2 to 6 are related to the transfer pricing