AMADEUS INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, ITA NO. 7691/Del/2017 stands allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

transfer pricing regulations mandate. Bright Line test cannot be applied to work out non-routine AMP expenses for benchmarking [Para 194 (x)]; The AMP expenses incurred by the Page 140 assessee already benchmarked by AO for good and sufficient reasons applying TNMM so separate can de-bundle interconnected benchmarking not required transactions, is segregated distribution, marketing or AMP transactions when

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 2(2), NEW DELHI

In the result, ITA NO. 7691/Del/2017 stands allowed

Bench: Shri N.S. Saini & Shri Sudhanshu Srivastava

transfer pricing regulations mandate. Bright Line test cannot be applied to work out non-routine AMP expenses for benchmarking [Para 194 (x)]; The AMP expenses incurred by the Page 140 assessee already benchmarked by AO for good and sufficient reasons applying TNMM so separate can de-bundle interconnected benchmarking not required transactions, is segregated distribution, marketing or AMP transactions when

DCIT, NEW DELHI vs. M/S JSL LTD.,, HISAR

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

section 234B and 234C of the act which is consequential in nature, no arguments advanced on it, therefore same is also dismissed. 33. Now we deal with the first issue of Transfer pricing adjustment made by the learned assessing officer with respect to the arm‘s-length price of export of stainless steel made by the assessee to its associated

JINDAL STAINLESS LTD.,HISAR vs. DCIT, NEW DELHI

Accordingly, ground number 2 of the appeal of the learned AO for 2007 – 08 is dismissed

Bench: Smt Diva Singh & Shri Prashant Maharishi

section 234B and 234C of the act which is consequential in nature, no arguments advanced on it, therefore same is also dismissed. 33. Now we deal with the first issue of Transfer pricing adjustment made by the learned assessing officer with respect to the arm‘s-length price of export of stainless steel made by the assessee to its associated

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 2(2), NEW DELHI

In the result, appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2014-15]

transfer pricing regulations mandate. Bright Line test cannot be applied to work out non-routine AMP expenses for benchmarking [Para 194 (x)]; The AMP expenses incurred by the Page 140 assessee already benchmarked by AO for good and sufficient applying TNMM so separate benchmarking reasons can de-bundle interconnected not required transactions, is segregated distribution, marketing or AMP transactions when

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

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

Section 92C(3) of the Act, read with the Rules. It would, among other aspects, refer to the method adopted and whether reliability and authenticity of the arm‘s length determination is affected or corrupted. XXX 91. In case the tested party is engaged in single line of business, there is no bar or prohibition from applying the TNM Method

AMADEUS INDIA PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE 2(2), NEW DELHI

In the result, the appeal of assessee are allowed

Bench: Sh. Anil Chaturvedi & Sh. Amit Shukla(Through Video Conferencing) Amadeus India Pvt. Ltd., Vs. Acit E-9, Connaught Hose, Circle – 2(2), Connaught Place, New Delhi New Delhi - 110001 Pan No. Aaaca 0364 L (Appellant) (Respondent) Assessee By Shri Taran Deep Singh, Adv. Revenue By Shri Surender Pal, Cit-D.R. Date Of Hearing: 18/05/2021 Date Of Pronouncement: 31/05/2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.09.2019 Of The Asst. Commissioner Of Income Tax, Circle-2(2), Delhi Under Section 143(3) R.W.S 144C(13) Of The Act Pursuant To The Direction Of Dispute Resolution Panel (Drp) – 1, Delhi For Assessment Year 2015-16. 2. The Relevant Facts As Culled From The Material On Records Are As Under :

transfer pricing regulations mandate. Bright Line test cannot be applied to work out non-routine AMP expenses for benchmarking [Para 194 (x)]; The AMP expenses incurred by the Page 140 assessee already benchmarked by AO for good and sufficient applying TNMM so separate benchmarking reasons can de-bundle interconnected not required transactions, is segregated distribution, marketing or AMP transactions when

TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

Section 144C (13) of The Income Tax Act, 1961 (The Act) on 20/11/2016 which incorporated the adjustment proposed by the Learned Additional Commissioner Of Income Tax, Transfer Pricing Officer – 3 (2) New Delhi [ the Ld TPO] as per order u/s 92CA (3) of the Act dated 30/11/2016 on which the learned Dispute Resolution Panel – 2, New Delhi [ Ld DRP] passed

M/S TRL RICELAND PVT. LTD.,(FORMERLY KNOWN AS M/S TILDA RICELAND P.LTD.),NEW DELHI vs. ADDLCIT, NEW DELHI

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

Section 144C (13) of The Income Tax Act, 1961 (The Act) on 20/11/2016 which incorporated the adjustment proposed by the Learned Additional Commissioner Of Income Tax, Transfer Pricing Officer – 3 (2) New Delhi [ the Ld TPO] as per order u/s 92CA (3) of the Act dated 30/11/2016 on which the learned Dispute Resolution Panel – 2, New Delhi [ Ld DRP] passed

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 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

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

194 Taxman 192 iii) PCIT vs. Lionbridge Technologies Pvt. Ltd. of Hon’ble Bombay High Court reported in 86 taxmann.com 101 iv) ITO vs. Cerner Healthcare Solutions Pvt. Ltd. of the Bangalore Tribunal 83 taxmann.com 62 ITA 2623/Del/2015 Assessment year 2010-11 3.4 The ld. AR further argued that the voluntary transfer pricing adjustment made by the assessee will essentially

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

Appeal is dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Transfer Pricing Officer (“TPO”) were bad in law as the pre- requisite for applying Chapter-X, ie, existence of an international transaction between two Associated Enterprises (“AE”) under the provisions of section 92B of the Act, was not satisfied or existed in the present case. 2.1. That on the facts and circumstances of the case and in law, the order

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

Appeal is dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Transfer Pricing Officer (“TPO”) were bad in law as the pre- requisite for applying Chapter-X, ie, existence of an international transaction between two Associated Enterprises (“AE”) under the provisions of section 92B of the Act, was not satisfied or existed in the present case. 2.1. That on the facts and circumstances of the case and in law, the order

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Transfer Pricing Officer (“TPO”) were bad in law as the pre- requisite for applying Chapter-X, ie, existence of an international transaction between two Associated Enterprises (“AE”) under the provisions of section 92B of the Act, was not satisfied or existed in the present case. 2.1. That on the facts and circumstances of the case and in law, the order

CANON INDIA PVT. LTD.,GURGAON vs. DCIT, NEW DELHI

Appeal is dismissed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Transfer Pricing Officer (“TPO”) were bad in law as the pre- requisite for applying Chapter-X, ie, existence of an international transaction between two Associated Enterprises (“AE”) under the provisions of section 92B of the Act, was not satisfied or existed in the present case. 2.1. That on the facts and circumstances of the case and in law, the order

CASIO INDIA COMPANY PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri C. M. Garg & Shri Prashant Maharishicasio India Company Pvt. Ltd, Dcit, 210, Okhla Industrial Estate Circle-3(1), Vs. (First Floor), Okhla Phase-Iii, New Delhi New Delhi Pan: Aaacc3448H (Appellant) (Respondent)

transfer pricing provisions for the purposes of determining its ALP separately. In such determination of ALP of AMP expenses in a segregated manner, proper set off on account of excess purchase price adjustment should be allowed. The view taken by the Tribunal in segregating routine and non-routine expenses on the basis of bright line test has been set aside