OPTUM GLOBAL SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT CIRCLE -5(1), HYDERABAD

In the result, both the appeals of assessee are partly allowed

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

transfer pricing adjustment qua the provision of IT services. 3. When the assessee filed objections before the learned DRP, learned DRP, while confirming the disallowance of deduction under section 80G of the Act, issued certain directions. Though the assessee filed this appeal on several grounds, many grounds were withdrawn, stating the assessee had relief in respect of some issues

OPTUM GLOBAL SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE -5(1), HYDERABAD

In the result, both the appeals of assessee are partly allowed

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

transfer pricing adjustment qua the provision of IT services. 3. When the assessee filed objections before the learned DRP, learned DRP, while confirming the disallowance of deduction under section 80G of the Act, issued certain directions. Though the assessee filed this appeal on several grounds, many grounds were withdrawn, stating the assessee had relief in respect of some issues

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

Bench: Us:

transfer pricing issues on comparability cannot constitute a precedent to be blindly followed ad infinitum. Whether a particular company is a comparable or not is an exercise which has to be carried out every year in the case of an Assessee considering the facts of that specific year and not blindly following the precedent which has been laid down

CDK GLOBAL (INDIA) PRIVATE LIMITED,,HYDERABAD vs. DCIT, CIRCLE -1 (1), HYDERABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Cdk Global (India) P Ltd Vs. Dy. Cit Hyderabad Circle 1(1) Pan:Aagcr9879K Hyderabad (Appellant) (Respondent) Assessee By: Adv Tanmayee Rajkumar Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 12/12/2022 Date Of Pronouncement: 13/12/2022 Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.3.2019 Of The Learned Cit (A)-Nfac, Delhi Relating To A.Y.2017-18. 2. In This Case, The Assessee Has Entered Into Advance Pricing Agreement (Apa) On 18.8.2021 & The Copy Of The Said Apa Was Furnished Before The Drp Which Is Duly Recorded By The Drp In Para 2.37.1 To 2.37.4 At Page 102 To 104. 3. The Assessee Had Sought To Withdraw The Effective Grounds Of Appeal No 1 To 37 Covered Under Apa . The Drp After Recording It Has Held As Under:

section 92CD(3) is passed for the AY 2017-18. Hence, the addition of 5,96,10,290/- is made to the total income of the assessee on account of Transfer Price adjustment. [Addition: Rs. 75,96,10,290/)”. Page 4 of 6 ITA No 135

NETCRACKER TECHNOLOGY SOLUTIONS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 5(1), HYDERABAD

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

Bench: SHRI G. MANJUNATHA, HON’BLE (Accountant Member), SHRI RAVISH SOOD, HON’BLE (Judicial Member)

135,11,64,780/-. The case was selected for scrutiny and during the course of assessment proceedings, a reference under Section 92CA of the Income-tax Act, 1961 was made to the Transfer Pricing

HBL POWER SYSTEMS LIMITED, HYDERABAD,HYDERABAD vs. DCIT, CIRCLE-2(2), HYDERABAD, HYDERABAD

Appeal is partly allowed in above terms

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

section 92C in conformity with the Arm's Length Price as so determined by the Transfer Pricing Officer". Therefore an amount of Rs.2,08,01,135

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

M/S NAGARJUNA FERTILIZERS AND CHEMICALS LIMITED,HYDERABAD vs. ASST.COMMISSIONER OF INCOME TAX, CIRCLE-16(1), HYDERABAD

In the result, both the appeals of the assessee are partly allowed

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

135,95,52,310/-. The return was processed u/s 143(1) and Nagarjuna Fertilizers and Chemicals Ltd., Hyd. subsequently the case was selected for scrutiny. Accordingly, statutory notices were issued and the assessee filed the information as called for. 2.1 As the assessee entered into international transactions, the AO referred the case to Transfer Pricing Officer after obtaining prior approval

NAGARJUNA FERTILIZERS AND CHEMICALS LIMITED, HYDERABAD,HYDERABAD vs. ACIT, CIRLCE-16(1), HYDERABAD, HYDERABAD

In the result, both the appeals of the assessee are partly allowed

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

135,95,52,310/-. The return was processed u/s 143(1) and Nagarjuna Fertilizers and Chemicals Ltd., Hyd. subsequently the case was selected for scrutiny. Accordingly, statutory notices were issued and the assessee filed the information as called for. 2.1 As the assessee entered into international transactions, the AO referred the case to Transfer Pricing Officer after obtaining prior approval

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

section 37(1) of Income Tax Act. 4.7 Erred in not appreciating the fact that advances written off are in the nature of business loss as defined u/s 28 of the Act and hence allowable as business expenses. 4.9 Erred in not appreciating the fact that trade advanced were made during the course of its business by the appellant

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

section 37(1) of Income Tax Act. 4.7 Erred in not appreciating the fact that advances written off are in the nature of business loss as defined u/s 28 of the Act and hence allowable as business expenses. 4.9 Erred in not appreciating the fact that trade advanced were made during the course of its business by the appellant

CLINASIA LABS PRIVATE LIMITED,HYDERABAD vs. ITO WARD1(4), HYDERABAD

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

Bench: Shri Laliet Kumar & Shri Manjunatha G.

section 92CA(3) of Rs.2,17,38,030/- to the price received by the assessee from its Associated Enterprise. 3. The Ld. AO/ Ld. TPO and the Ld. DRP ought to have accepted the Profit margin of the assessee company (OP IOC) of 11.57 % as having complied with the arm's length principle. 4. The Ld. TPO / Ld. DRP 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

transfer pricing ('TP') documentation and the economic analysis undertaken by the Appellant without any robust reasons to determine the arm's length price (' ALP') for receipt of management services. 4.2 On the facts and in the circumstances of the case and in contrary to law, the ld. AO/ld. TPO erred in not satisfying any of the conditions prescribed

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX , HYDERABAD

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

transferred by the assessee to its subsidiaries during the year were working capital advances, which were later decided to be treated as investments, then the T.P. adjustment already made by the AO shall be revived and the assessment shall be completed accordingly.” 3. Mr. Sai fails to pin-point any distinction on the relevant facts involved in all these assessment

VIVIMED LABS LIMITED,HYDERABAD vs. 500082 ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

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

transferred by the assessee to its subsidiaries during the year were working capital advances, which were later decided to be treated as investments, then the T.P. adjustment already made by the AO shall be revived and the assessment shall be completed accordingly.” 3. Mr. Sai fails to pin-point any distinction on the relevant facts involved in all these assessment

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX 2(3), HYDERABAD

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

transferred by the assessee to its subsidiaries during the year were working capital advances, which were later decided to be treated as investments, then the T.P. adjustment already made by the AO shall be revived and the assessment shall be completed accordingly.” 3. Mr. Sai fails to pin-point any distinction on the relevant facts involved in all these assessment

VIVIMED LABS LIMITED,HYDERABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE2-(3), HYDERABAD

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

transferred by the assessee to its subsidiaries during the year were working capital advances, which were later decided to be treated as investments, then the T.P. adjustment already made by the AO shall be revived and the assessment shall be completed accordingly.” 3. Mr. Sai fails to pin-point any distinction on the relevant facts involved in all these assessment

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE3-(1), HYDERABAD vs. VAISHNAVI BULLION PRIVATE LIMITED, HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

transferred all the amount to the bullion dealer by way of RTGS and cheques. Subsequently we have received the gold on various days and accordingly we have given the delivery of gold to the customers by raising the sales invoices against the oath receipts generated. Further, I would like Commercial tax department. All the amount collected during the business transaction

VAISHNAVI BULLION PRIVATE LIMITED ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), HYDERABAD

In the result, we uphold the addition of Rs

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

transferred all the amount to the bullion dealer by way of RTGS and cheques. Subsequently we have received the gold on various days and accordingly we have given the delivery of gold to the customers by raising the sales invoices against the oath receipts generated. Further, I would like Commercial tax department. All the amount collected during the business transaction