DR. BHIM RAO AMBEDKAR MAHASANG HARYANA,FARIDABAD vs. CIT (EXEMPTIONS), CHANDIGARH/FARIDABAD

In the result, both the appeals are partly allowed for statistical purposes

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 3195/Del/2017 Assessment Year: 2003-04 Ita No. 3196/Del/2017 Assessment Year: 2004-05 Geodis Overseas Pvt.Ltd., Vs. Asstt. Commissioner Of Building No.5,Tower B, Income Tax, 10Th Floor, Dlf Cyber City, Company Circle- Ii(1), Phase Iii, Gurgaon Chennai-34 Pin: 122 002 Pan No. Aaacc6168L (Appellant) (Respondent)

section 92C (2) of the Act. 11. That on facts and circumstances of the case and in law, the CIT(A) have erred in not directing the AO/TPO to use multiple years data for comparable companies as advocated by the provisions of Rule 10B(4) of the Rules for the purposes of determination of arm's length price. CORPORATE

M/S GEODIS OVERSEAS PVT. LTD.,,GURGAON vs. DCIT,, NEW DELHI

In the result, both the appeals are partly allowed for statistical purposes

section 92C (2) of the Act.\n11. That on facts and circumstances of the case and in law, the CIT(A)\nhave erred in not directing the AO/TPO to use multiple years data for\ncomparable companies as advocated by the provisions of Rule 10B(4) of\nthe Rules for the purposes of determination of arm's length price.\nCORPORATE

ACIT, CIRCLE-8(1), NEW DELHI vs. EFS FACILITIES SERVICES (INDIA) PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for assessment year

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandra

Transfer Pricing Officer (“TPO”) under section 92CA of the Income Tax Act 1961 (“Act”) for ascertaining arm’s length price (“ALP”) of the above transactions. The Ld. TPO vide order dated 18.10.2016 has proposed to make the following adjustments :- S. No. Type of International Transaction Total Value of Transaction (Rs.) 1. Intra Group Service - Employee 34,11,787 Secondment

ACIT, CIRCLE-8(1), NEW DELHI vs. EFS FACILITIES SERVICES (INDIA) PVT. LTD., NEW DELHI

In the result, both the appeals of the Revenue for assessment year

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandra

Transfer Pricing Officer (“TPO”) under section 92CA of the Income Tax Act 1961 (“Act”) for ascertaining arm’s length price (“ALP”) of the above transactions. The Ld. TPO vide order dated 18.10.2016 has proposed to make the following adjustments :- S. No. Type of International Transaction Total Value of Transaction (Rs.) 1. Intra Group Service - Employee 34,11,787 Secondment

DCIT, CC-29, NEW DELHI vs. DHARAMPAL SATYAPAL LTD., NEW DELHI

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.I.T.A. No. 1976/Del/2020 (A.Y 2013-14)

transferred to various units including the units eligible for deduction u/s 80 IB/80 IC of the act based upon the sales ratio of all manufacturing units. 4. During assessment year 2005 – 06 to 2011 – 12 assessment orders were passed under the provisions of Section 153A/143 (3) of the Act based upon search and seizure operations carried out under the provisions

SAMSUNG INDIA ELECTRONICS PVT. LTD.,GURGAON vs. DCIT CIRCLE-22(2), NEW DELHI

In the result, the appeal of the assessee is partly allowed in the aforesaid manner

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

section 144C. On merits, he submitted that TNMM is not an appropriate method to judge the arm’s length price of royalty as the same is not inextricably linked with other transactions. The payment of royalty is not under a “package deal” comprising of numerous transactions. Each transaction is separate and diverse. Therefore, transfer pricing norms require separate benchmarking

SRF LIMITED,DELHI vs. ASSISTANT / DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 10(1), NEW DELHI, DELHI

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

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

SRF LIMITED ,DELHI vs. ACIT, CIRCLE-10(1), DELHI

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

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

SRF LIMITED,NEW DELHI vs. ACIT, CIRCLE-10(1), DELHI

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

prices at which power was purchased from respective State Electricity Board. 64. In a case where the assessee operates a Wind Power Mill (WPP) unit at Tamil Nadu to generate electricity primarily for consumption by its manufacturing units. During the year, the assessee had transferred the WPP units at effective rate of Rs. 6.35 p.u, based on fact that Tamil

GATES INDIA PVT LTD,DELHI vs. ACIT, CIRCLE-10(1), DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri Pradip Kumar Kedia

Section 37(1) of the Act and Chapter X provisions operates in different field. 16.2 While construing the Transfer Pricing provisions, the Delhi High Court further observed that TNM method is equally effective and reliable when applied to closely linked and continuous transactions. Clubbing of closely linked and continuous transactions is permissible and not ostracize. 17. In the case

DCIT, NEW DELHI vs. M/S. SONY INDIA PVT. LTD., NEW DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Transfer pricing officer issued 2 Show cause notices - At page 462 of paper book 2A, SCN relating to AMP can be found and at page 338 of paper book 2A, SCN issued in connection with Software services can be seen. Kind attention is invited to page 462 paper book 2A-show cause notice refers to "Benchmarking of REIMBUSEMENT OF MARKETING

SONY INDIA PRIVATE LIMITED,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI YOGESH KUMAR U.S. (Judicial Member)

Transfer pricing officer issued 2 Show cause notices - At page 462 of paper book 2A, SCN relating to AMP can be found and at page 338 of paper book 2A, SCN issued in connection with Software services can be seen. Kind attention is invited to page 462 paper book 2A-show cause notice refers to "Benchmarking of REIMBUSEMENT OF MARKETING

SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED,NEW DELHI vs. DCIT, CIRCLE-22(2), DELHI

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

Bench: Shri Challa Nagendram Prasad & Shri Naveen Chandra

transfer pricing are dismissed as withdrawn. 5. Ground Nos. 28 to 32 relate to disallowance on account of salary paid to expatriates. 6. At the very outset, the ld. counsel for the assessee submitted that this issue is squarely covered in favour of the assessee and against the Revenue by the decision of the co-ordinate bench in assessee

SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED,NEW DELHI vs. ITO, DELHI

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

Bench: Shri Challa Nagendram Prasad & Shri Naveen Chandra

transfer pricing are dismissed as withdrawn. 5. Ground Nos. 28 to 32 relate to disallowance on account of salary paid to expatriates. 6. At the very outset, the ld. counsel for the assessee submitted that this issue is squarely covered in favour of the assessee and against the Revenue by the decision of the co-ordinate bench in assessee

TAKENAKA INDIA PVT LTD,GURGAON vs. JCIT (OSD) CIRCLE-25(1), GURGAON

In the result, the appeal of the assessee is allowed for statistical purposes only

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia[Assessment Year : 2012-13] M/S. Takenaka India Pvt.Ltd., Vs Cit (A)-44, First Floor, Tower-C, Vatika First New Delhi. India Place, Mehrauli Gurgaon Road, Gurgaon, Haryana-122002. Pan-Aadct6143P Appellant Respondent Appellant By Shri Ashutosh Mohan Rastogi & Shri Dhruv Seth, Adv. Respondent By Shri Gaurav Bansal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 29.05.2024 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Commissioner Of Income Tax (Appeals) (“Cit(A)”)-44, New Delhi Dated 24.04.2019 For The Assessment Year 2012-13. 2. The Assessee Has Assailed The Correctness Of The Order On Following Grounds:-

section 92CA of the Act, the issue of transfer pricing adjustment was referred to the Transfer Pricing Officer (“TPO”) for determining Arm’s Length Price (“ALP”). The TPO vide order dated 27.01.2016 proposed certain adjustments, thereby he proposed T.P. adjustment at INR 1,26,07,833/- u/s 92CA of the Act. Thereafter, the AO passed a draft assessment order dated

SERCO INDIA PVT. LTD.,PUNE vs. DCIT, GURGAON

In the result, appeal filed by the Assessee stands allowed

Bench: Shrianil Chaturvedi, Am & Shri N. K. Choudhry, Jm

transfer prices is to refine the comparability analysis after matching the functional profile carefully. However the marginal differences In 14 Serco India Pvt. Ltd. assets(Intangibles) owned or risk borne and their impact on margins earned as a result when Not performed are the same or similar has not been effectively demonstrated by the taxpayer The Taxpayer having failed

VODAFONE IDEA LTD. (EARLIER KNWON AS VODAFONE MOBILE SERVICES LTD.),MUMBAI vs. ACIT,. CIRCLE-26(2), NEW DELHI

In the result, all above said grounds are allowed for statistical purpose

Bench: Shri S. Rifaur Rahman & Shriyogesh Kumar U.S.Vodafone Idea Ltd Vs. Acit, (Earlier Known As Vodafone Circle-26(2), Mobile Services Ltd) New Delhi 10Th Floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai, Maharastra (Appellant) (Respondent) Pan: Aaacb2100P

transfer pricing adjustment made in the sum of Rs 1,20,54,020/- in respect of international transaction towards payment of royalty. 5. Ground No. 3 to 3.3 raised by the assessee is about Disallowanceofdepreciation amounting to Rs. 12,47,17,47,967/- in respect of right to use 3G Spectrum. 5.1 Considered the rival submissions and material placed onrecord

NOKIA INDIA PVT. LTD.,GURGAON vs. JCIT, SPECIAL RANGE-6, NEW DELHI

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

Bench: disregarding the ALP determined by the Appellant and proceeded to determine the ALP himself.

section 115-0 of the Act while distributing dividends to its shareholders based in Finland. As the said claim has been raised for the first time, it is humbly prayed that the said issue may be remanded back to the file of AO for fresh consideration. Thus, in view of the above, it is humbly prayed before