ADP PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

In the result, ground of appeal No

Bench: Smt. P. Madhavi Devi & Shri D.S. Sunder Singhassessment Year:2014-15

dividend income, interest income and profit on sale of investment as well as premium of software contract totalling to Rs.2,30,48,603/- which is as per Schedule-13 "other sources". From the various decisions relied on by the Ld. Counsel for the assessee we find Thirdware Solutions Ltd. has been rejected on the ground that it is functionally dissimilar

FACEBOOK INDIA SERVICES PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD

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

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2014-15 Facebook India Online Services Vs. The Deputy Commissioner Private Limited, Of Income Tax, 12Th Floor, Building No.20, Circle – 17(1), Unit 1203 & 1204, Hitech City, Hyderabad. Madhapaur, Hyderabad. Pan : Aabcf5150G. (Appellant) (Respondent) Assessee By: Shri Dhanesh Bafna & Chandni Shah Revenue By: Shri Rajendra Kumar – Cit-Dr Date Of Hearing: 20.07.2022 Date Of Pronouncement: 19.09.2022

Transfer Pricing additions, no other grounds are pressed by the ld.AR. 8 6. We are considering the exclusion / inclusion of the above said comparable companies in the following paragraphs : I. ECLERX SERVICES LIMITED. 7. The ld.AR for the assessee has submitted that Eclerx Services Limited is required to be excluded from the list of comparables as OP/OC of this company

ADP PRIVATE LIMITED (31/10/2015),RANGA REDDY vs. DCIT, CIRCLE-1( 1), HYDERABAD

In the result, both the appeals are partly allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

deemed international transaction and the Hon'ble DRP erred in holding this transaction as an international transaction. B. Provision of Information Technology enabled Services ('ITeS') 7. On the facts and in the circumstances of the case and in contrary to law, the Ld. TPO has erred and the Hon'ble DRP further erred in upholding/confirming the action

ADP PRIVATE LIMITED,RANGA REDDY vs. DCIT, CIRCLE-1( 1), HYDERABAD

In the result, both the appeals are partly allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

deemed international transaction and the Hon'ble DRP erred in holding this transaction as an international transaction. B. Provision of Information Technology enabled Services ('ITeS') 7. On the facts and in the circumstances of the case and in contrary to law, the Ld. TPO has erred and the Hon'ble DRP further erred in upholding/confirming the action

GAINSIGHT SOFTWARE PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1), HYDERABAD

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

deem it appropriate to remand the\nissue back to Ld. TPO, granting liberty to the Ld. TPO to apply the turnover\nfilter uniformly to all the comparables and carryout the necessary verification.\n8.\nAs far as the exclusion of Thirdware from the list of comparable is\nconcerned, the Ld. AR invited our attention to para nos.2.4.5.1

GSS INFOTECH LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-2(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

transferred funds in order to avoid interest income, while the subsidiary enjoyed income from interest based on interest free funds received from the parent company. The Ld. TPO/AO/DRP erred in making ALP Adjustment towards Interest on Receivables taking short term deposit rate of SBI on hypothetical and notional basis without there being any material on record 6.1 Erred

GSS INFOTECH LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-2(2), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

transferred funds in order to avoid interest income, while the subsidiary enjoyed income from interest based on interest free funds received from the parent company. The Ld. TPO/AO/DRP erred in making ALP Adjustment towards Interest on Receivables taking short term deposit rate of SBI on hypothetical and notional basis without there being any material on record 6.1 Erred

ADAMA INDIA PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-1(3), HYDERABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2014-15 Adama India Pvt. Ltd., Vs. Income-Tax Officer, Hyderabad. Ward – 1(3), Hyderabad. Pan – Aabcm 09294F (Appellant) (Respondent) Assessee By : Shri Raghunathan S. Revenue By : Shri Y.V.S.T. Sai Date Of Hearing : 09-04-2019 Date Of Pronouncement : 03-07-2019 O R D E R

deem it fit and proper to delete the impugned ALP adjustments.” 2. In the case of Siemens Gamesa Renewable Power Pvt. Ltd., ITA No. 1420 & 376/Mds/2017, the ITAT, Chennai Bench observed as under: “20.6 In our considered opinion, ALP of management service cannot be said to be Nil in the absence of a valid comparable. Since no effort had been

ASST. COMMISSIONER OF INCOME TAX, CIRCLE-10(1), HYDERABAD vs. VERTEX PROJECTS LLP (FORMERLY M/S VERTEX PROJECTS LTD) , HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2014-15 Acit,Circle-10(1) Vs. Vertex Projects Llp Room No.515, 5Th Floor, (Formerly M/S.Vertex A-Block, I.T.Towers, Projects Ltd.) A.C.Guards, #156-159, Paigah House Hyderabad. S.P.Road, Next To Pg College. Secunderabad-500 026. Pan : Aanfv0232C (Appellant) (Respondent) Assessee By: Shri Sriram Seshadri, Ca Revenue By: Shri Rajendra Kumar,Cit-Dr Date Of Hearing: 15.03.2023 Date Of Pronouncement: 28.04.2023 O R D E R Per Shri Laliet Kumar, J.M. This Is An Appeal Filed By The Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-5, Dated 16.03.2018 For The Ay 2014-15, On The Following Grounds :

transfer as 01.04.2011. By virtue of order of Hon’ble High Court, assessee receives shares of 11 companies which were merged with the assessee along with the other underlined properties. As per our understanding, there is a distinction between “receive of property being the shares of the amalgamating companies” and “underlying assets and transfer of said assets to the amalgamated

HYUNDAI MOTOR INDIA ENGINEERING PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(2), HYDERABAD

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

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2014-15

transfer pricing analysis I study prepared by the Appellant, without appreciating that none of the conditions mentioned in clauses (a) to (d) of Section 92C(3) of the Act were satisfied. 11. On the facts and in the circumstances of the case and in contrary to law, the Ld. AO, Ld. TPO erred in and the Hon'ble DRP further

CAP GEMINI TECHNOLOGY SERVICES INDIA LIMITED(FORMERLY KNOWN AS IGATE GLOBAL SOLUTION LIMITED)-M/S PATNI TELECOM SOLUTIONS PVT LTD, CHANGED NAME TO M/S.IGATE INFORMATION SERVICES PRIVATE LIMITED MERGED WITH IGATE GLOBAL SOLUTIONS LIMITED ,HYDERABAD vs. ITO, WARD - 2(1), HYDERABAD

In the result, appeal raised by the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.446/Hyd/2015 (िनधा"रण वष"/Assessment Year: 2010-11) Cap Gemini Vs. Income Tax Officer Technology Services Ward 2(1) India Ltd(Formerly Igate Hyderabad Global Solutions Ltd) Hyderabad Pan:Aacca4255G (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 04/07/2024 घोषणा की तारीख/Pronouncement: 23/07/2024 आदेश/Order

Transfer Pricing Officer resulted in selection of 19 companies as comparables and an Arm's Length Margin of 23.87% was arrived at. However, a relief was granted by the DRP to exclude Infosys Technologies Ltd. and L & T Infotech Ltd from the list of final comparables of the TPO. 3. In rejecting the objections of the assessee against the selection

CAMBRIDGE TECHNOLOGY ENTERPRISES LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD

In the result assessee’s appeal stand partly allowed

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

Transfer Pricing Documentation as per section 92C of the Act and Rule 10D of the IT Rules by complying all the provisions of the section. 2.4. Erred in rejecting the TP Documentation maintained by the assessee without assigning any cogent reasons for rejection. 2.5. Erred in not appreciating the fact that TP Documentation is not an exact science and arriving

CORTEVA AGRISCIENCE SERVICES INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-17(1), HYDERABAD, HYDERABAD

In the result, the Ground No

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

Transfer Pricing Officer (“Ld. TPO”) and approved by the Ld. CIT(A) are functionally not comparable with the assessee, therefore, they are required to be excluded. In this regard, the Ld. AR had filed a written submission in support of his contention, which is to the following effect : “Exclusion of comparable companies chosen by TPO - Ground no. 9 In this

BRIGHTCOM GROUP LIMITED,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

transfer pricing adjustment by considering the loans advanced by the assessee to both of its AEs, including Symphoni Interactive LLC, USA. Be that as it may, it is seen that the ld. CIT(A) also impliedly accepted the interest earned by the assessee from Symphoni Interactive LLC, USA, at 6% as at ALP, against which the Department has no grudge

INFOR (INDIA) PRIVATE LIMITED ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE -2(1), HYDERABAD

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

Transfer Pricing Officer (TPO) therefore. 4.1. Coming to M/s.Tata Elxsi Limited, we note that the tribunal’s foregoing earlier order(s) have directed exclusion of the instant third entity as well whilst holding that this company is engaged in various activities including product design services and trading wherein no segmental information was available. Learned departmental representative fails to pin point

AUROBINDO PHARMA LIMITED,HYDERABAD vs. ACIT, CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of assessee is partly allowed

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

Transfer Pricing Grounds: 11.The Learned DRP/AO erred in law and on facts and circumstances of the case in not allowing weighted deduction U/s 35(2AB) of the Income Tax Act, 1961 in respect of expenditure incurred in connection with Clinical Trials/ Bio-Analytical and Bio-Equivalence studies without appreciating the legal implications of Explanation

THERMODYNE DYNAMICS PRIVATE LIMITED,HYDERABAD vs. INCOME-TAX OFFICER, WARD -17(3), HYDERABAD

Bench: Us :

dividend income during the subject year, therefore, no disallowance was called for in its case under Section 14A r.w. Rule 8D of the Income-tax Rules, 1962. However, the A.O. did not find favour with the aforesaid explanation of the assessee company, and drawing support from the CBDT Circular No.5/2014 (F.No.225/182/2013-ITA-III), dt.11.02.2014 worked out the disallowance

APPLABS TECHNOLOGIES PVT LTD (NOW MERGED WITH COMPUTER SCIENCE CORPORATION PVT LTD ),,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1, HYDERABAD

In the result, the appeal of the assessee for the A

Bench: Shri K.Narasimha Chary & Shri Madhusudan Sawdia

transfer pricing.” Page 17 of 26 ITA Nos. 1793 & 1805/Hyd/2017 and 854/Hyd/2019 5.1. The Ld. AR also submitted that it can be perused from the aforesaid grounds that the assessee had raised many issues i.e. selection of comparables ( ground no. 7 to 9), erroneous computation of income of margins of comparable companies ( ground no. 10), computation of TP adjustments (ground