DCM SHRIIRAM LTD.,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 3 , NEW DELHI

In the result appeal of assessee is partly allowed

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

125 taxmann.com 42 (SC) Stating that the OECD commentary continues to have persuasive value for determining the arm’s-length price for transfer pricing regulation. vii. He further submitted that in assessee’s own case for assessment year 1997 – 98 the assessee has been using the methodology of benchmarking the transaction of transfer of power by using the internal

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)

125/-. (a) Above shares were transferred as part of a corporate business restructuring. (b) Shares transferred had no value/worth (c) Shares were transferred only to boost profitability and cash flow of appellant. (d) Valuation Report of INMAC is not reliable 10. That on the facts and in law to the extent the orders passed by both

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)

125/-. (a) Above shares were transferred as part of a corporate business restructuring. (b) Shares transferred had no value/worth (c) Shares were transferred only to boost profitability and cash flow of appellant. (d) Valuation Report of INMAC is not reliable 10. That on the facts and in law to the extent the orders passed by both

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)

Section (2) to Section 14A of the Act and sub Rule (1) to Rule 8D of the Rules. 14. The view and legal ratio expressed above is not being elucidated for the first time. The Delhi High Court in Maxopp Investment Ltd. v. CIT [2012] 347 ITR 272/203 Taxman 364/15 taxmann.com 390 has observed:- 'Scope of sub-sections

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

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

section 92F(v) of the Act, it would be appreciated that transfer pricing regulations would be applicable to any “transaction”, being an arrangement, understanding or action in concert, whether formal or in writing or whether or not enforceable by legal proceedings. Meaning of terms “arrangement”, “understanding” or “action in concert”, as provided in the dictionary / Court rulings are extracted

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

section 40(a)(i) are directed to be deleted. Accordingly, these grounds of appeal stand allowed. In view of this decision of co-ordinate Bench in the case of assessee, the advance ruling relied on by the ld. DR does not help the revenue, as the said ruling is binding on that applicant and not upon the Tribunal u/s. 245S

TRANSCEND MT SERVICES PVT. LTD.,BANGALORE vs. DCIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishitranscend Mt Services Pvt. Ltd, Vs. The Deputy Commissioner Of (Formerly Known As Heartland Income Tax, Information & Consultancy Circle-25(2), Services Pvt. Ltd), New Delhi Plot No. 1/1, Arakere, Bannerghata Road, Bangalore Pan: Aabch2275E (Appellant) (Respondent)

transfer pricing officer selected five other comparable whose average margin was 33.83% using single year data and determined arm’s-length price of the international transactions of Rs 360,154,748 at ₹ 39,44,29,873 and proposed an adjustment u/s 92CA of The Act dated 9/1/2014 of ₹ 34,275,125/–. Consequently the draft assessment order was passed

M/S STERIA NDIA LTD.,,NOIDA vs. ADDL CIT, NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

price of the international transaction of IT services was determined by selecting 14 comparable companies whose average profit level indicator was 16.89%. Against this assessee is in appeal before us. 63. The first contention of the assessee is that there is an incorrect computation of operating profit margin of the assessee as foreign exchange income amounting

STERIA INDIA LTD.,NOIDA vs. ADDL.CIT, SPECIAQL RANGE-8, NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

price of the international transaction of IT services was determined by selecting 14 comparable companies whose average profit level indicator was 16.89%. Against this assessee is in appeal before us. 63. The first contention of the assessee is that there is an incorrect computation of operating profit margin of the assessee as foreign exchange income amounting

STERIA (INDIA) LTD.,NOIDA vs. ADDL. CIT, SPL. RANGE- 8 , NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

price of the international transaction of IT services was determined by selecting 14 comparable companies whose average profit level indicator was 16.89%. Against this assessee is in appeal before us. 63. The first contention of the assessee is that there is an incorrect computation of operating profit margin of the assessee as foreign exchange income amounting

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 to the book profit of the assessee under section 115 JB of the income tax act. He further stated that the Ld. assessing officer has not mentioned any of the clauses of the exploration under which he is making such a an adjustment. He further submitted that Hon‟ble Supreme Court in case of Apollo tyres

PR. COMMISSIONER OF INCOME TAX -7 vs. SUMITOMO CORPORATION INDIA (P) LTD.

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

Transfer Pricing Officer vide letter dated 20.12.2013. In order to verify the correctness of the exploration expenses paid by the assessee for AY 2006-07 to 2012-13  The assessee filed detailed objections to the assumption of jurisdiction vide letter dated 05.03.2014.  The assessee in response to notice under section 153C filed income-tax return (‗ITR‘) on 18.03.2014 returning income

THE PR. COMMISSIONER OF INCOME TAX -6 vs. MARUTI SUZUKI INDIA LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

Transfer Pricing Officer vide letter dated 20.12.2013. In order to verify the correctness of the exploration expenses paid by the assessee for AY 2006-07 to 2012-13  The assessee filed detailed objections to the assumption of jurisdiction vide letter dated 05.03.2014.  The assessee in response to notice under section 153C filed income-tax return (‗ITR‘) on 18.03.2014 returning income

THE PR. COMMISSIONER OF INCOME TAX -6 vs. MICROSOFT INDIA ( R & D) PVT. LTD.

Bench: HON'BLE MR. JUSTICE VIPIN SANGHI,HON'BLE MR. JUSTICE SANJEEV NARULA

Transfer Pricing Officer vide letter dated 20.12.2013. In order to verify the correctness of the exploration expenses paid by the assessee for AY 2006-07 to 2012-13  The assessee filed detailed objections to the assumption of jurisdiction vide letter dated 05.03.2014.  The assessee in response to notice under section 153C filed income-tax return (‗ITR‘) on 18.03.2014 returning income

CORNING SAS- INDIA BRANCH OFFICE,GURGAON vs. DDIT (INTERNATIONAL TAXATION), NEW DELHI

Bench: Shri N.K. Saini & Shri Kuldip Singh

125 of the order observed that the assessee has not received any services of some value that call for cost allocation by making following observations :- “5.6 On the basis of above, it can be seen that in order to examine the arm's length price of intra group services received by one of the associated enterprises following essential information should

M/S CORNING SAS INDIA BRANCH OFFICE,GURGAON vs. DDIT, NEW DELHI

Bench: Shri N.K. Saini & Shri Kuldip Singh

125 of the order observed that the assessee has not received any services of some value that call for cost allocation by making following observations :- “5.6 On the basis of above, it can be seen that in order to examine the arm's length price of intra group services received by one of the associated enterprises following essential information should

CORNING SAS- INDIA BRANCH OFFICE,GURUGRAM vs. DDIT (INTERNATIONAL TAXATION), GURGAON

Bench: Shri N.K. Saini & Shri Kuldip Singh

125 of the order observed that the assessee has not received any services of some value that call for cost allocation by making following observations :- “5.6 On the basis of above, it can be seen that in order to examine the arm's length price of intra group services received by one of the associated enterprises following essential information should

LG ELECTRONICS INDIA PRIVATE LIMITED,MATHURA ROAD, NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, DELHI

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

price protection Rs. 39,23,45,128/- d. shop, sales, execution, remuneration Rs. 125,53,76,689/- e. trade discount on invoices Rs. 1658,73,81,046/- Total Rs. 1200,72,66,766/- 5.5 The ld TPO sought to treat the AMP expenses as an international transaction within the meaning of Section 92B of the Act. For this purposes