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 adjustment of INR 5,93,54,095.  On 24.08.2021, the Respondent /AO directly passed the final assessment order under section 143(3) read with section 144B of the Act along with demand notice under section 156 of the Act and penalty notice under section 274

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 adjustment of INR 5,93,54,095.  On 24.08.2021, the Respondent /AO directly passed the final assessment order under section 143(3) read with section 144B of the Act along with demand notice under section 156 of the Act and penalty notice under section 274

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

SH. EVALUESERVE.COM PRIVATE LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result ground No. 8 of the appeal of the assessee is dismissed

Bench: Shri I. C. Sudhir & Shri Prashant Maharishievalueserve.Com Private Vs. Ito, Ltd, Ward-11(2), 701, Guru Apartments, New Delhi Sector-14, Rohni, New Delhi Pan: Aaace8014F (Appellant) (Respondent)

transfer pricing adjustment back to the file of Ld AO/ TPO for ascertaining the correct functional profile of the assessee for this year without being influenced by the order of the E Valueserve.com Pvt Ltd V ITO ITA 4001/del/2013 AY 2006-07 coordinate bench for AY 2007-08, then carry out examination of comparability analysis and then determine

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

In the result appeal filed by assessee stands allowed

Bench: Shri R.K.Panda & Smt. Beena A Pillaia.Y. 2011-12 Yakult Danone India P Ltd. D.C.I.T. Circle 27(1) 16, 1St Floor Vs. New Delhi Community Centre Okhla Industrial Area, Phase I New Delhi

Transfer Pricing Ground of appeals The Ld.TPO/AO/DRP have erred in making an adjustment 2. under section 92CA (3) of the Act without returning a finding about existence of any of the circumstances specified in clauses (a) to (d) of sub-section (3) of section 92C of the Act. The Ld. TPO/AO/ Hon’ble DRP have erred in computing

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

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

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

transfer pricing legislation and relied upon the decision of LG Electronics India Pvt. Ltd. (ITA No.5140/Del/2011). 15. Ld. DRP while agreeing with the TPO that the payment for intra group services to AEs is separate international transactions independent of financial results and capable of verifiable separately on the following issues :- “In an uncontrolled environment any taxpayer for availing the services

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

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

transfer pricing legislation and relied upon the decision of LG Electronics India Pvt. Ltd. (ITA No.5140/Del/2011). 15. Ld. DRP while agreeing with the TPO that the payment for intra group services to AEs is separate international transactions independent of financial results and capable of verifiable separately on the following issues :- “In an uncontrolled environment any taxpayer for availing the services

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

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

transfer pricing legislation and relied upon the decision of LG Electronics India Pvt. Ltd. (ITA No.5140/Del/2011). 15. Ld. DRP while agreeing with the TPO that the payment for intra group services to AEs is separate international transactions independent of financial results and capable of verifiable separately on the following issues :- “In an uncontrolled environment any taxpayer for availing the services

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

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

LG ELECTRONICS INDIA PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE-15(2), NEW DELHI

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

LG ELECTRONICS INDIA PRIVATE LIMITED ,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

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

LG ELECTRONICS INDIA PVT. LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 5, NEW DELHI

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

DCIT, NOIDA vs. M/S. L.G. ELECTRONICS INDIA PVT. LTD., GREATER NOIDA

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

M/S LG ELECTRONICS INDIA PVT. LTD.,,NEW DELHI vs. DCIT, NOIDA

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee

DCIT, CIRCLE-15(2), NEW DELHI vs. LG ELECTRONICS INDIA PVT. LTD., NEW DELHI

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

Bench: Shri Mahavir Singh & Shri M. Balaganesh

transfer pricing adjustment of Rs. 809,06,65,961/- on account of alleged brand building activity undertaken by the assessee for the AE as under:- Computation of TP adjustment Rs. Value of sales 1,25,64,10,00,000 AMP/Sales of the comparables 3.69% Amount that represents bright line 4,636,152,900 Expenditure on AMP by assessee