MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

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

37(1) and 92 operated in different domains. (vii) Section 92 was of a much wider amplitude than Section 40A(2) of the Act. While Section 40A (2) restricted the deduction to the extent it is reasonable, Section 92 requires benchmarking of all the international transactions whether they related to the expenses incurred by the Indian entity

CHANDER KALAN,DELHI vs. NEAC, DELHI

In the result, the appeal filed by the assessee is allowed

transfer of the capital asset. The court considered the provisions of sections 23(1), 23(1-A) and section 23(2) of the Act as well as section 28 and section 34 of the Act of 1894 and observed that section 23(1- A) was introduced in the 1894 Act to mitigate the hardship caused to the owner

MANKIND PHARMA LIMITED,DELHI vs. DCIT, CIRCLE-1(1)(1), MEERUT

In the result, the additional Ground No

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

transfer pricing analysis and quantification of adjustments. The provisions of section 80IA(10) itself is a nonstarter in the absence of arrangement. We thus see no merit in the plea raised on behalf of the Revenue that by filing such additional evidences, the assessee is seeking to make out a new case of benchmarking from TNMM to CUP method which

M/S THE ORIENTAL INSSURANCE CO.LTD.,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmam/S. The Oriental Insurance Co. Ltd, Vs. The Dcit, A 25/27, Asaf Ali Road, Ltu, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan: Aaact0627R

37,16,049/- under normal provisions of the Income Tax Act, 1961 and also computed book loss at Rs.2,18,28,09,334/- u/s. 115JB of the Act after making the following additions/disallowances: (a) Profit on sale of investments - Rs. 10,27,94,88,259/- Interest not recognized as (b) Income - Rs. 80,52,21,000/- (c) Disallowance of Depreciation

ECOENERGY INSIGHTS LTD ( FORMERLY KNOWN AS CHUBB ALBA CONTROL SYSTEMS P.LTD),NEW DELHI vs. DCIT, CIRCLE-4(2), NEW DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaecoenergy Insights Ltd., Vs. Dcit, (Formerly Known As Chubb Alba Control Circle 4 (2), Systems P. Ltd.), New Delhi. Ground Floor, 18, Netaji Subhash Marg, Daryaganj, New Delhi – 110 002. (Pan :Aaaca0031C) (Appellant) (Respondent) Assessee By : Shri Nageshwar Rao, Advocate Shri Parth, Advocate Shri Pratik Rath, Advocate Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 12.08.2025 Date Of Order : 10.11.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 25.07.2022Passed By The Assessment Unit, Income Tax Department Under Section 147 Read With Section 144C(13) R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Ay 2018-19 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act.

10. Section 92CA(1) of the Act empowers the Assessing Officer to make reference to TPO for the computation of arm's length price of international transactions. Further, the TPO as defined in explanation to section 92CA to be the person authorized by board to perform functions of AO specified in section 92C. In sub-section 3 of section 144B

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 Officer (“TPO”) by the Ld. AO in view of the fact that the transaction entered by the assessee with Adobe Systems India Pvt. Ltd. (“Adobe India”) has always been accepted at Arm’s Length Price (“ALP”) by the preceding TPO(s). 3.1 During the course of assessment proceedings the Ld. AO issued show cause notice

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE-25(1) , NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing. The decision of the Hon‟ble Supreme Court in Whirlpool India Case (SLP(C) 29270/2016 order dated 20/11/2024 has recognised the cardinal principles covering this issue that there should be concrete evidence to establish international transactions. The Hon'ble Delhi High Court in case of Whirlpool of India Ltd vs DCIT 381 ITR 154 has Page

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT,CIRCLE-25(1), NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing. The decision of the Hon‟ble Supreme Court in Whirlpool India Case (SLP(C) 29270/2016 order dated 20/11/2024 has recognised the cardinal principles covering this issue that there should be concrete evidence to establish international transactions. The Hon'ble Delhi High Court in case of Whirlpool of India Ltd vs DCIT 381 ITR 154 has Page

COMMISSIONER OF INCOME TAX vs. DISCOVERY COMMUNICATION INDIA

The appeals are disposed of

Transfer Pricing officer had accepted the price. The Assessing Officer, as noticed below under section 37(1) of the Act, cannot go into the question of reasonableness of advertisement or any other expense. 9.1. The Assessing Officer, thus, fallaciously and wrongly held that the entire expenditure, on advertisement, incurred by the assessee related only to the advertisement sales commission

THE COMMISSIONER OF INCOME TAX-LTU vs. WHIRLPOOL OF INDIA LTD

transfer pricing adjustment is made by substituting the ALP for the price of the transaction. To begin with there has to be an international transaction with a certain disclosed price. The TP adjustment envisages the substitution of the price of such international transaction with the ALP. 34. The TP adjustment is not expected to be made by deducing from

THE COMMISSIONER OF INCOME TAX-LTU vs. WHIRLPOOL OF INDIA LTD

transfer pricing adjustment is made by substituting the ALP for the price of the transaction. To begin with there has to be an international transaction with a certain disclosed price. The TP adjustment envisages the substitution of the price of such international transaction with the ALP. 34. The TP adjustment is not expected to be made by deducing from

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Transfer Pricing Officer ('TPO') are not fully in accordance with law? (c) Whether Tribunal erred in setting aside dispute relating to adjustment in relation to AMP expenditure in Appellant's case in terms of the principles laid down by the Special Bench of the 2015:DHC:10481-DB ITA Nos. 643,675-77/2014 and 165, 166/2015 Page