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

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

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

35A March, 2015 Re-characterization of expenses Upheld at Para 64 page 48 of 142 and incurred for own business as a service para 147, page 111 to AE is not justified The burden is on the assessed to select and justify the method adopted and the arm’s length price declared under sub-section (3) to section

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

35A March, 2015 Re-characterization of expenses Upheld at Para 64 page 48 of 142 and incurred for own business as a service para 147, page 111 to AE is not justified The burden is on the assessed to select and justify the method adopted and the arm’s length price declared under sub-section (3) to section

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

35A March, 2015 Re-characterization of expenses Upheld at Para 64 page 48 of 142 and incurred for own business as a service para 147, page 111 to AE is not justified The burden is on the assessed to select and justify the method adopted and the arm’s length price declared under sub-section (3) to section

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]

35A dt.16March, 2015 Re-characterization of expenses Upheld at Para 64 page 48 of 142 incurred for own business as a service para 147, page 111 to AE is not justified The burden is on the assessed to select and justify the method adopted and the arm’s length price declared under sub-section (3) to section 92C, the Assessing

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 :

35A dt.16March, 2015 Re-characterization of expenses Upheld at Para 64 page 48 of 142 incurred for own business as a service para 147, page 111 to AE is not justified The burden is on the assessed to select and justify the method adopted and the arm’s length price declared under sub-section (3) to section 92C, the Assessing

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

NOBLE RESOURCES & TRADING INDIA PVT. LTD.,NEW DELHI vs. ACIT (OSD), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: I. C. Sudhir & Shri Prashant Maharishidcit, Noble Resources & Trading India Pvt. Ltd., 1A-D, Circle-13(1), Room No. 406, Vandana Building, Vs. C.R. Building, Ip Estate, 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Acit (Osd), Ltd., 1A-D, Vandana Building, Cit-V, Vs. 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Ito, Ltd., 1A-D, Vandana Building, Ward-13(3), Vs. 11, Tolstoy Marg, New Delhi C.R. Building, Pan:Aaaca0443N New Delhi (Appellant) (Respondent)

Section 271(1)(c) of the Act. 5. That the order passed by Ld. TPO, Ld. AO and Hon'ble CIT(A) is bad in law and void ab-initio. 5 | P a g e M/s Nobel Resources and Trading India Private Limited V DCIT & DCIT V M/s Nobel Resources and Trading India Private Limited ITA No 3132 & 3155/Del/2013

DCIT, NEW DELHI vs. M/S. NOBLE RESOURCE AND TRADING INDIA PVT. LTD,, NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: I. C. Sudhir & Shri Prashant Maharishidcit, Noble Resources & Trading India Pvt. Ltd., 1A-D, Circle-13(1), Room No. 406, Vandana Building, Vs. C.R. Building, Ip Estate, 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Acit (Osd), Ltd., 1A-D, Vandana Building, Cit-V, Vs. 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Ito, Ltd., 1A-D, Vandana Building, Ward-13(3), Vs. 11, Tolstoy Marg, New Delhi C.R. Building, Pan:Aaaca0443N New Delhi (Appellant) (Respondent)

Section 271(1)(c) of the Act. 5. That the order passed by Ld. TPO, Ld. AO and Hon'ble CIT(A) is bad in law and void ab-initio. 5 | P a g e M/s Nobel Resources and Trading India Private Limited V DCIT & DCIT V M/s Nobel Resources and Trading India Private Limited ITA No 3132 & 3155/Del/2013

NOBLE RESOURCES & TRADING INDIA PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: I. C. Sudhir & Shri Prashant Maharishidcit, Noble Resources & Trading India Pvt. Ltd., 1A-D, Circle-13(1), Room No. 406, Vandana Building, Vs. C.R. Building, Ip Estate, 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Acit (Osd), Ltd., 1A-D, Vandana Building, Cit-V, Vs. 11, Tolstoy Marg, New Delhi New Delhi Pan:Aaaca0443N (Appellant) (Respondent) Noble Resources & Trading India Pvt. Ito, Ltd., 1A-D, Vandana Building, Ward-13(3), Vs. 11, Tolstoy Marg, New Delhi C.R. Building, Pan:Aaaca0443N New Delhi (Appellant) (Respondent)

Section 271(1)(c) of the Act. 5. That the order passed by Ld. TPO, Ld. AO and Hon'ble CIT(A) is bad in law and void ab-initio. 5 | P a g e M/s Nobel Resources and Trading India Private Limited V DCIT & DCIT V M/s Nobel Resources and Trading India Private Limited ITA No 3132 & 3155/Del/2013

DDIT, DEHRADUN vs. BG EXPLORATION & PRODUCTION INDIA LTD., MUMBAI

In the result ground No. 2 of the appeal of the assessee is dismissed

Bench: Shri I. C. Sudhir & Shri Prashant Maharishidy. Director Of Income Tax, Bg Exploration & Production India International Taxation, Ltd, Dehradun Bg House, Vs. Lake Boulevard Road, Hiranandani Business Park, Powai, Mumbai Pan: Aaace4569K (Appellant) (Respondent)

Section 144C(5) . The DRP procedure can only be initiated by an assessee objecting to the draft assessment order. This would enable correction in the proposed order (draft assessment order) before a final assessment order is passed. Therefore, we are of the view that in the present facts this issue could be agitated before and rectified

THE COMMISSIONER OF INCOME TAX vs. M/S VRV BREWERIES & BOTTELING

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

transfer pricing. Accordingly, he disallowed a sum of ` 24,70,929/- out of the total sum claimed, i.e., ` 84,01,160/- under Section 40A(2) of the I.T. Act. As regards the balance sum, i.e., ` 59,30,231/- (84,01,160 – 24,70,929) he applied the provisions of Section 35A

THE COMMISSIONER OF INCOME TAX vs. M/S V.R.V. BREWERIES & BOTTELI

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

transfer pricing. Accordingly, he disallowed a sum of ` 24,70,929/- out of the total sum claimed, i.e., ` 84,01,160/- under Section 40A(2) of the I.T. Act. As regards the balance sum, i.e., ` 59,30,231/- (84,01,160 – 24,70,929) he applied the provisions of Section 35A

HALDOR TOPSOE (I) PVT LTD,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

Bench: Shri Bhavnesh Saini & Shri Anadee Nath Misshra

35A:- 1. a) The action of learned Transfer Pricing Officer of adding new companies to the list of Comparables and rejecting companies fairly selected by the taxpayer is not scientific / methodical and is on arbitrary basis. b) The order passed by the AO / TPO is bad in law being against the principle of natural justice as no opportunity of hearing

HERO MOTOCROP LTD.,NEW DELHI vs. ACIT, CIRCLE- 11(1), NEW DELHI

The appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2015-16

section 40A (2), disallowance on ground of excessive purchase price could not have been made under that section. Further, the Tribunal held that the transactions were entered by the assessee on account of commercial expediency and when the recipients had paid tax on payments received from the assessee company, disallowance could not be made by applying provisions of section

MUFG BANK LTD,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION) CIRCLE-2(2)(1), NEW DELHI

In the result appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Mufg Bank Ltd, Vs. Acit (International Taxation), 5Th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, Nh-8, New Delhi New Delhi Pan: Aabct3880D (Appellant) (Respondent)

transfer pricing addition on account of the corporate guarantee commission of ₹ 103,485,509/– iii. disallowance u/s 14 A of the income tax act of ₹ 22,521,366/– iv. charge of interest on external commercial borrowing of ₹ 518,00,31,066 to be taxed at the rate of 10% as per the provisions of article 11 of the Double Taxation

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 adjustment on account of Software services 14. That on the facts and circumstances of the case and in law, the Ld. AO/ Ld.TPO/ Hon’ble DRP erred in enhancing the income of the Appellant by INR8,30,19,139/- for the assessment year under consideration by benchmarking the SISC (Application software) and SARD (Embedded software) software divisions