DCIT, CIRCLE- 16(2), NEW DELHI vs. MENETA AUTOMOTIVE COMPONENTS PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

3) of section 92C, the computation of total income having regard to the arm’s length price so determined by the TPO is required to be done by the Assessing Officer under sub- section (4) of section 92C, read with sub-section (4) of section 92CA. In order to make a reference to the TPO, the Assessing Officer

LI & FUNG INDIA PVT LTD vs. COMMISSIONER OF INCOME TAX

The appeal is allowed and the order dated 25/11/11 of the ITAT Tribunal, Delhi Branch

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

3. Capacity utilization risk Disclosed in transfer pricing report ITA 306/2012 Page 8 4. Foreign exchange risk Disclosed in transfer pricing report 5. Credit & collection risk Disclosed in transfer pricing report 6. Scheduling risk Not disclosed in transfer pricing report but actually borne by assessee. 7. Government & institutional risk Not disclosed in transfer pricing report but actually borne by assessee

DCIT, NEW DELHI vs. M/S. BBC WORLD INDIA (P) LTD., NEW DELHI

In the result appeal of the assessee and the learned assessing officer are allowed for statistical purposes

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

section 154 of the income tax act before the learned transfer pricing officer wherein the above adjustment was reduced to INR 35271454/–. 10. Aggrieved with the order of the learned assessing officer, assessee preferred an appeal before the Commissioner Of Income Tax (Appeals) –XX, New Delhi. The learned CIT – A noted that the following 3 issues are required for adjudication

RELIGARE CAPITAL MARKETS LTD.,NOIDA vs. ACIT, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

3) of the Act. Where the assessee had entered into international transactions within the meaning of section 92B of the Act, (―eligible assessee‘) the assessing officer is required to make a reference to the Transfer Pricing Officer (―TPO‖) to determine the arm‘s length price (―ALP‖) in respect of such international transactions. In case of such an eligible assessee

M/S RELIGARE CAPITAL MARKETS LIMITED,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

3) of the Act. Where the assessee had entered into international transactions within the meaning of section 92B of the Act, (―eligible assessee‘) the assessing officer is required to make a reference to the Transfer Pricing Officer (―TPO‖) to determine the arm‘s length price (―ALP‖) in respect of such international transactions. In case of such an eligible assessee

CIT vs. CUSHMAN AND WAKEFIELD INDIA PVT LTD

The appeal is partly allowed

13) ITR (Trib) 422: “8. We find that the basic reason of the Transfer Pricing Officer's determination of ALP of the services received under cost contribution arrangement as 'NIL' is his perception that the assessee did not need these services at all, as the assessee had sufficient experts of his own who were competent enough to do this work

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)

Section 119 of the Income-tax Act. ANNEXURE I Register of record to be maintained by Transfer Pricing Officer 1 2 3 4 5 6 7 8 9 10 11 12 13

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)

Section 119 of the Income-tax Act. ANNEXURE I Register of record to be maintained by Transfer Pricing Officer 1 2 3 4 5 6 7 8 9 10 11 12 13

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

13 of 74 passed the final assessment order dated 14.01.2015 under section 143(3) assessing the total income at Rs.4,74,77,270.  Said final assessment order was challenged before the ITAT, which remanded the issue of transfer pricing

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

13 of 74 passed the final assessment order dated 14.01.2015 under section 143(3) assessing the total income at Rs.4,74,77,270.  Said final assessment order was challenged before the ITAT, which remanded the issue of transfer pricing

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

13 of 74 passed the final assessment order dated 14.01.2015 under section 143(3) assessing the total income at Rs.4,74,77,270.  Said final assessment order was challenged before the ITAT, which remanded the issue of transfer pricing

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

3 Provision of Marketing Support services 10782778 TNMM 4 Re-imbursement of Expenses 19067033 No 5 Recovery of expenses 721078 No bench marking 4. The Tribunal records that although the TPO did not interfere with the benchmarking in respect of transactions listed at S. No. 1, 4 and 5, it came to the conclusion that the assessee had incurred

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

3 Provision of Marketing Support services 10782778 TNMM 4 Re-imbursement of Expenses 19067033 No 5 Recovery of expenses 721078 No bench marking 4. The Tribunal records that although the TPO did not interfere with the benchmarking in respect of transactions listed at S. No. 1, 4 and 5, it came to the conclusion that the assessee had incurred

COMMISSIONER OF INCOME TAX vs. MENTOR GRAPHICS (NOIDA) PVT.LTD

The appeal is allowed

section 92C on the basis of such material or informaction or document available with him. After the Transfer Pricing Officer determines the arm’s length price, it is incumbent upon him to send a copy of the order to the assessing officer and to the assessee. In the present case what has happened is that the Transfer Pricing Officer

JAN KALYAN SAMITI,GHAZIABAD vs. ITO WARD EXEMPTION, GHAZIABAD

In the result appeal filed by the assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Raj Kumar Chauhanjan Kalyan Samiti Vs. Ito Ward Exemption A-48, Chander Nagar Sahibabad, Ghaziabad Ghaziabad 201002 (Pan: Aaatj5583B)

transferable in the manner provided by its articles, and are not of the nature of real estate." The aforesaid principles of respecting the distinct corporate identity was 12 reiterated by the Supreme Court in the decision of Vodafone International Holdings B.V. v. UOI reported in 341 ITR 1, wherein the Court held that companies and other entities are viewed

(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 (1) shall be applied to determine

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

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