DCM SHRIRAM LTD,NEW DELHI vs. ACIT, CIRCLE-7(1), NEW DELHI

194/- u/s 37 of the Act paid or payable under\nnormal provision of the Act.\nAssessment u/s 143(3) void-ab-initio:\n12. Without prejudice, the Id. AO, Id. Transfer Pricing Officer (TPO) and\nsubsequently Id. DRP have grossly erred in law and in facts and\ncircumstances of the case in not appreciating that assessment proceedings\nu/s

DCIT, NEW DELHI vs. DCM SHRIRAM LTD, NEW DELHI

194/- u/s 37 of the Act paid or payable under\nnormal provision of the Act.\n\nAssessment u/s 143(3) void-ab-initio:\n\n12. Without prejudice, the Id. AO, Id. Transfer Pricing Officer (TPO) and\nsubsequently Id. DRP have grossly erred in law and in facts and\ncircumstances of the case in not appreciating that assessment proceedings\nu/s

DCM SHRIIRAM LIMITED,NEW DELHI vs. NEAC, NEW DELHI

194/- u/s 37 of the Act paid or payable under\nnormal provision of the Act.\n\nAssessment u/s 143(3) void-ab-initio:\n\n12. Without prejudice, the Id. AO, Id. Transfer Pricing Officer (TPO) and\nsubsequently Id. DRP have grossly erred in law and in facts and\ncircumstances of the case in not appreciating that assessment proceedings\nu/s

MARUBENI INDIA PVT. LTD

In the result the appeal of the revenue in ITA No

transfer pricing report which it was required to submit by section 92E of the Act, the assessee chose five comparable companies and the average margin came to 8.37%. The TPO computed the arm‟s length remuneration in the following manner: - “Computation of Remuneration at Arm’s Length 2013:DHC:2072-DB ITA 1042/2011 & 1114/2011 Page 5 of 22 Personal

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

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,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

MCKINSEY KNOWLEDGE CENTRE INDIA PVT. LTD.,HARYANA vs. DCIT CIRCLE 16(1) , DELHI

In the result, assessee’s appeal is partly allowed for statistical purposes

Bench: Shri Shamim Yahya & Shri Sudhir Kumarmckinsey Knowledge Centre India Pvt. Ltd., Vs. Dcit, Circle 16 (1), 3Rd Floor, Block Iii, Delhi. Vatika Business Park, Sector 49, Sohna Road, Gurgaon – 122 018 (Haryana). (Pan : Aaccm2356G) (Appellant) (Respondent) Assessee By : Shri Porus Kaka, Sr. Advocate Shri Divesh Chawla, Advocate Revenue By : Shri Rajesh Kumar, Cit Dr Date Of Hearing : 24.04.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Assessing Officer Dated 21.01.2022 Pursuant To The Directions Issued By The Drp For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :-

transfer pricing adjustment raised on account of notional interest on outstanding receivables has to be deleted where the Appellant has already factored the impact of receivables by undertaking working capital adjusted margins of comparables for comparability purposes and no further adjustment on basis of outstanding receivables should be made. • TCI -GO Vacation India (P) Ltd vs ACIT [2024] 159 taxmann.com

DELPHI AUTOMOTIVE SYSTEMS (P) LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaaptive Components India P. Ltd, Vs. Deputy Commissioner (Formerly Known As Delphi Of Income-Tax, Automotive Systems P. Ltd), Circle-7(1), P-24, Green Park Extension, New Delhi South Delhi, New Delhi-110016 (Appellant) (Respondent) Pan:Aaacd0226E

transfer pricing provisions and also considering the fact that both the comparable company as well as its holding company are Indian resident entities, the provisions of section 92B(2) of the Act having deeming fiction cannot be made applicable to the facts of the instant case. With regard to the decision relied upon by the ld AR 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

TECHNIP INDIA LIMITED,NEW DELHI vs. ACIT, SPL RANGE-9, NEW DELHI

In the result, Appeal No.6390/Del/2017 is partly allowed as per above terms

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 6390/Del/2017 Assessment Year: 2013-14 Ita No. 9852/Del/2019 Assessment Year: 2015-16 Technip Energies India Vs. Additional Commissioner Of Limited, ( Formerly Known As Income Tax, Technip India Limited), Special Range-9, A-4, Sector 1, Institutional New Delhi Area, Noida – 201 301 Pan No. Aaack3349R (Appellant) (Respondent)

section 92(3) of the Act, if after application of the transfer pricing principles the income of the Appellant is reduced then the transfer pricing provision will not be applicable. It is submitted that the said benefit of set-off has been provided to the Appellant by the CIT(A) for AY 2015-16, basis which adjustment was deleted

TECHNIP INDIA LTD.,NOIDA vs. ADDL.CIT, SPECIAL RANGE- 9, NEW DELHI

In the result, Appeal No.6390/Del/2017 is partly allowed as per above terms

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarita No. 6390/Del/2017 Assessment Year: 2013-14 Ita No. 9852/Del/2019 Assessment Year: 2015-16 Technip Energies India Vs. Additional Commissioner Of Limited, ( Formerly Known As Income Tax, Technip India Limited), Special Range-9, A-4, Sector 1, Institutional New Delhi Area, Noida – 201 301 Pan No. Aaack3349R (Appellant) (Respondent)

section 92(3) of the Act, if after application of the transfer pricing principles the income of the Appellant is reduced then the transfer pricing provision will not be applicable. It is submitted that the said benefit of set-off has been provided to the Appellant by the CIT(A) for AY 2015-16, basis which adjustment was deleted

ASSERTIVE INFRASTRUCTURE PVT. LTD.,DELHI vs. ITO WARD 3(3), NEW DELHI

In the result, appeal of the assessee is partly allowed

section 194-IA are not applicable to the facts of the present case. He prayed accordingly.\n\n7. Ld.AR filed a detailed written submission wherein reliance is placed on the various judicial pronouncements. The relevant contents of the written submission are reproduced as under:-\n\nRemarks\n1. This is an appeal is filed by the assessee against the order passed

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

Section 92CA (1) of the Act for determination of the ALP of the international transactions undertaken by WOIL. The documents prescribed under Rule 10D of the Income Tax Rules, 1962 (‘Rules’) and other details sought by the TPO were submitted by WOIL. The Assessee also submitted a transfer pricing study (‘TP study’) dated 24th September

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

Section 92CA (1) of the Act for determination of the ALP of the international transactions undertaken by WOIL. The documents prescribed under Rule 10D of the Income Tax Rules, 1962 (‘Rules’) and other details sought by the TPO were submitted by WOIL. The Assessee also submitted a transfer pricing study (‘TP study’) dated 24th September

COMPASS INDIA SUPPORT SERVICES PRIVATE LIMITED,GURGAON vs. DCIT, CIRCLE-4(2), DELHI

194/- on account of provision of IS & T Services.\n19. Aggrieved with the said order, the assessee is in appeal before us on the\nfollowing grounds of appeal:\n4. On the facts and circumstances of the case, & in law, the Ld. Assessing Officer (Ld.\nAO)/Learned Transfer Pricing Officer (Ld. TPO) (in pursuance to the directions of the\nDispute Resolution

ACIT, CIRCLE-78(1), NEW DELHI vs. VODAFONE MOBILE SERVICES, NEW DELHI

The appeal of the Revenue is dismissed and that of the assessee is allowed

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2012-13 Vodafone Idea Ltd. (Earlier Known As Vs Acit, Vodafone Mobile Services Ltd.) Circle-78(1), A-19, Mohan Cooperative Indl. Area, New Delhi,. Sarita Vihar, New Delhi – 110 020. Pan: Aaacb2100P Assessment Year: 2012-13 Acit, Vs. Vodafone Idea Ltd. (Earlier Circle-78(1), Known As Vodafone Mobile New Delhi,. Services Ltd.) A-19, Mohan Cooperative Indl. Area, Sarita Vihar, New Delhi – 110 020. Pan: Aaacb2100P (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate & Shri Vibhu Jain, Advocate Revenue By : Shri Amit Katoch, Sr. Dr & Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 28.03.2024 Date Of Pronouncement : 05.06.2024

transferred to them. These were always to remain the property of the assessee. This is correct, but it is equally true that this is a mandate and requirement of the licence issued to the assessee by the DoT. In actual practice, the right to use the SIM card and its possession is handed over and given to the end-user