ACIT, NEW DELHI vs. M/S. HUMBOLDT WEDAG INDIA PVT. LTD., NEW DELHI

In the result ITA 3207/Del/2016 stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

transfer pricing proceedings. 7.1 The assessee is in appeal before the ITAT challenging the second rectification order dated 25.02.2016 passed u/s 154

HUMBOLDT WEDAG INDIA PVT. LTD.,DELHI vs. ACIT, NEW DELHI

In the result ITA 3207/Del/2016 stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

transfer pricing proceedings. 7.1 The assessee is in appeal before the ITAT challenging the second rectification order dated 25.02.2016 passed u/s 154

HUMBOLDT WEDAG INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result ITA 3207/Del/2016 stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

transfer pricing proceedings. 7.1 The assessee is in appeal before the ITAT challenging the second rectification order dated 25.02.2016 passed u/s 154

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)

rectification order on 26th November 2015 making an adjustment on the Transfer Page 4 of 19 Pricing issue, the court set aside the impugned order of the ITAT dated 2nd December 2015 and remands the appeal being ITA No. 1313/Del2015 to the ITAT for a fresh adjudication on the transfer pricing adjustment in accordance with law. 7. The appeal will

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

rectification order u/s 154 of the Act which was placed at paper book pages 346 and 347. The Ld. AR further submitted that various High Courts and the different Benches of the ITAT on various occasions had held that provisions of section 92C (4) of the Act would not be attracted on the voluntary transfer pricing

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)

Transfer Pricing Officer on outstanding receivable beyond 30 days credit period applying the interest rate of 14.88% p.a. and computing the interest receivable at Rs. 31577050/-. In the result, grounds Nos. 10 to 12 of the grounds of the appeal are dismissed. 23. Ground No. 13 of the appeal of the assessee is with respect to miscalculation of the total

HERO FINCORP LIMITED,NEW DELHI vs. ACIT, CIRCLE 11(1), DELHI, C.R. BUILDING

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

154.\nHowever, any fact which can be established through a long process of\nverification and inquiries, cannot be a simple mistake and mistake apparent\nfrom record.\n11.9.5. For a moment let us presume that the assessee claimed before the FAO\nduring assessment proceedings that the excess premium was not taxable u/s.\n56(2) (viib) giving the reason that the subscribing

M/S. SONY MOBILE COMMUNICATIONS INTERNATIONAL AB (INDIA BRANCH OFFICE),NEW DELHI vs. DDIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: : Shri S.K. Yadav & Shri L.P. Sahu

transfer pricing adjustment, which was reduced to Rs.5,57,09,134/- vide rectification order u/s. 154 dated 09.12.2014. 5. Briefly

DCIT, NEW DELHI vs. M/S. SONY MOBILE COMMUNICATIONS INTERNATIONAL AB, NEW DELHI

In the result, the appeal is partly allowed

Bench: : Shri S.K. Yadav & Shri L.P. Sahu

transfer pricing adjustment, which was reduced to Rs.5,57,09,134/- vide rectification order u/s. 154 dated 09.12.2014. 5. Briefly

PEPSICO INDIA HOLDINGS PVT. LTD.,GURGAON vs. ACIT, CENTRAL CIRCLE- 7, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

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

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

PEPSI FOODS PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

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

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

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

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

M/S. PEPSI FOODS LIMITED,GURGAON vs. ACIT, NEW DELHI

In the result, all the appeals of the assessee are treated as partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

Transfer Pricing Regulation. The incurring of expenditure by the assessee is in fact purely a domestic transaction by a domestic enterprise with a third party in India for its own business purpose. Even the reimbursement, as discussed above, by the assessee to its AE was in lieu of sponsorship fee paid to ICC which again was wholly and exclusively

ARIVENT TECHNOLOGIES HOLDINGS LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

rectification order u/s 154 of the Act, which is in respect of the computation of book profits under the MAT provision and not the income under the Income tax Act. Accordingly, we direct the Assessing Officer to allow the claim of the assessee in entirety and delete the addition of Rs.19,12,401/-, as this is the addition made

ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. JCIT, SPECIAL RANGE- 1 , NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

rectification order u/s 154 of the Act, which is in respect of the computation of book profits under the MAT provision and not the income under the Income tax Act. Accordingly, we direct the Assessing Officer to allow the claim of the assessee in entirety and delete the addition of Rs.19,12,401/-, as this is the addition made

M/S. ARICENT TECHNOLOGIES (HOLDINGS) LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

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

Bench: Ms. Sushma Chowla & Shri Prashant Maharishi

rectification order u/s 154 of the Act, which is in respect of the computation of book profits under the MAT provision and not the income under the Income tax Act. Accordingly, we direct the Assessing Officer to allow the claim of the assessee in entirety and delete the addition of Rs.19,12,401/-, as this is the addition made