MARUTI SUZUKI INDIA LTD vs. COMMISSIONER OF INCOME TAX

The appeals are allowed in the above terms, but with no orders as to costs

37(1) and 92 operated in different domains. (vii) Section 92 was of a much wider amplitude than Section 40A(2) of the Act. While Section 40A (2) restricted the deduction to the extent it is reasonable, Section 92 requires benchmarking of all the international transactions whether they related to the expenses incurred by the Indian entity

AKSHAY KHETTERPAL,NEW DELHI vs. ACIT, CIRCLE- 41(1), NEW DELHI

In the result, the Appeal filed by the Assessee is partly allowed

Bench: Shri R.K.Panda & Shri N. K. Choudhryakshaykhetterpal, Vs. Acit, C/O. Surindermahajan& Circle-41(1), Associates, A-134, Defence New Delhi Colony, New Delhi Pan: Bhupk0131J (Appellant) (Respondent)

transfer of ownership of the equipment to the Ministry of Environment and forest and that the sale/transfer will be for re-use and not for recycling in view of condition (iii) as referred above. The goods are imported without a valid License from DGFT as discussed above. However, the goods are not of prohibit goods. 5. However as the goods

EBRO INDIA PVT.LTD. ,DELHI vs. ACIT CIRCLE-7(1), DELHI

In the result, the ground no 4 raised by the assessee is allowed

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

37. As per provisions of section 144C(10) read with section 144C(13) of the Act, it is mandatory for the assessing officer to pass the final order in conformity with the directions issued by the DRP. Not following the directions of the DRP renders the final assessment order as beyond jurisdiction, illegal and bad in law. 17 38. Reliance

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

1) which sets out the different methods of determining the ALP, makes it clear that the transfer pricing adjustment is made by substituting the ALP for the price of the transaction. To begin with there has to be an international transaction with a certain disclosed price. The TP adjustment envisages the substitution of the price of such international transaction with

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

1) which sets out the different methods of determining the ALP, makes it clear that the transfer pricing adjustment is made by substituting the ALP for the price of the transaction. To begin with there has to be an international transaction with a certain disclosed price. The TP adjustment envisages the substitution of the price of such international transaction with

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.

The appeals of the Assessee are allowed and the appeals of the Revenue

Section 37(1) of the Act? (g) Whether re-characterisation of AMP expense as constituting rendition of advertisement and brand promotion services by the Appellant to its overseas associated enterprises is not warranted under the provisions of Act and the Rules? (h) Without prejudice to the above, whether the alleged deemed international transaction(s) relating to AMP cannot be separately

COMMISSIONER OF INCOME TAX vs. DISCOVERY COMMUNICATION INDIA

The appeals are disposed of

Transfer Pricing officer had accepted the price. The Assessing Officer, as noticed below under section 37(1) of the Act, cannot

CHANDER KALAN,DELHI vs. NEAC, DELHI

In the result, the appeal filed by the assessee is allowed

transfer of the capital asset. The court considered the provisions of sections 23(1), 23(1-A) and section 23(2) of the Act as well as section 28 and section 34 of the Act of 1894 and observed that section 23(1- A) was introduced in the 1894 Act to mitigate the hardship caused to the owner

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. DCIT,CIRCLE-25(1), NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

section (1) is not required. It is sufficient, if arm's length pricing issue of any international transaction has been referred to the TPO..... 52. The contention that AMP expenses are not international transactions has to be rejected... 53. We also fail to understand the contention or argument that there is no international transaction, for the AMP expenses were incurred

TUPPERWARE INDIA PRIVATE LIMITED,NEW DELHI vs. ACIT, CIRCLE-25(1) , NEW DELHI

In the result, the appeal of the assessee for AY 2018-19 is partly allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri M. Balaganesh

section (1) is not required. It is sufficient, if arm's length pricing issue of any international transaction has been referred to the TPO..... 52. The contention that AMP expenses are not international transactions has to be rejected... 53. We also fail to understand the contention or argument that there is no international transaction, for the AMP expenses were incurred

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

37,397/- and Rs.2,68,68,699/- to its overseas associate enterprises, namely, M/s. Vodafone Ireland Marketing Ltd. and M/s. Rising Groups Ltd.; respectively. It adopted the transaction net margin method (TNMM) to benchmark the same. We find from Transfer Pricing Officer's order dated 28.01.2013 that he rejected assessee's method after holding that the same was an indirect

TRAVELPORT LP,GEORGIA USA vs. DCIT, INTERNATIONAL TAXATION CIRCLE-3(1)(1), NEW DELHI

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

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

37,942 to the income of the Appellant taking a notional profit rate of 75% without any basis. 7. That on the facts and circumstances of the case and in law, the Ld. AO erred in levying interest under section 234A & 234B of the Act which is consequential in nature. 8. That on the facts and circumstances of the case