ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TP analysis is restored to the file of AO for fresh consideration. The grounds raised are accordingly allowed for statistical purposes.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT

ZUARI CEMENT LIMITED ,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1, KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TP analysis is restored to the file of AO for fresh consideration. The grounds raised are accordingly allowed for statistical purposes.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Accordingly, this issue is allowed for statistical purposes

Bench: Shri Laliet Kumar & Shri Laxmi Prasad Sahusl.

TP analysis is restored to the file of AO for fresh consideration. The grounds raised are accordingly allowed for statistical purposes.” 5. The Revenue vehemently contended that the learned lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods; including TNMM, as per Serdia Pharmaceutical India Pvt. Ltd Vs. ACIT

NATEMS SOLAR POWER PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD 16(1), HYDERABAD

Bench: Us:

method. 8. Without prejudice, the Ld. AO and the Ld. TPO, under the directions of the Hon'ble DRP, erred in computing the amount of transfer Pricing adjustments. 9. Without prejudice, the Ld. AO and the Ld. TPO, under the directions of the Hon’ble DRP, erred in adding the amount of transfer pricing adjustment to the total income

AURONEXT PHARMA PRIVATE LIMITED,HYDERABAD vs. DCIT, CIRCLE-1(1), HYDERABAD

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

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

TP No. 486/Hyd/2022 independent legal entities which operate on commercial terms and conditions between them. 4.0 In this respect it is being pointed out that the essence of Transfer Pricing proceedings is determination of the Arm's Length Price (which may be determined by any of the methods

SANGHI INDUSTRIES LIMITED,HYDERABAD vs. DCIT, CIRCLE -3 (1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdia

transferred from eligible business / unit to non-eligible business / unit by applying various methods, prescribed under Chapter X of the Act r.w. Explanation below section 80IA(8). After arriving at the market value / arm’s length price of goods or services, the profits and gains of eligible business / unit shall be computed by applying such value / price in respect

COMMVAULT SYSTEMS (INDIA) PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD

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

Bench: Shri C.N.Prasad, Jm & Shri M.Balaganesh, Am M/S.Commvault Systems Vs. Deputy Commissioner Of (India) Pvt. Ltd., Income Tax, 5Th Floor, Plot No.39, Circle-1(2), B-Block, 7Th Floor, I.T. Towers Phase-Ii, Block-A Ananth Info Park A.C.Guards, Masab Tank Hitech City, Madhapur, Hyderabad – 500 004 Hyderabad Pan/Gir No.Aaccc3708L (Appellant) .. (Respondent)

Transfer Pricing methodology for recovery of losses incurred by the Appellant in the initial years of distribution. Rejection of use of multiple year data 13. Rejecting the use of multiple year data and using data for the FY 2012-13 only Selection of most appropriate method 14. Rejection of RPM and selection of TNMM as the most appropriate method

DODLA DAIRY LIMITED,HYDERABAD vs. DCIT CIRCLE -8(1), HYDERABAD

Bench: Us:

Method”, and suggested a transfer pricing adjustment u/s 92CA(3) of te Act of Rs. 19,43,26,338/-, i.e., the deduction claimed by the assessee company u/s 80IB on account of excess charging of overhead costs by the chilling units. 24 ITA TP

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

OAKTON GLOBAL TECHNOLOGY SERVICES CENTRE (INDIA) PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-16(2), HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

TP”) that companies with significantly different scales of operations face different economic and market condition, which impact their margin, cost structure and pricing strategy. Hence the contention of the Ld. DR is rejected. 8.5 Further, we observe that, the Ld. TPO did not apply the turnover filter of 10 times (both upward and downward) to other comparables as well. Therefore

OAKTON GLOBAL TECHNOLOGY SERVICES CENTRE (I) PRIVATE LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-16(2), HYDERABAD

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

TP”) that companies with significantly different scales of operations face different economic and market condition, which impact their margin, cost structure and pricing strategy. Hence the contention of the Ld. DR is rejected. 8.5 Further, we observe that, the Ld. TPO did not apply the turnover filter of 10 times (both upward and downward) to other comparables as well. Therefore

ZUARI CEMENT LIMITED,KADAPA vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KADAPA

Appeal is allowed in above terms

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahuassessment Year: 2009-10

Transfer Pricing Issues: 7. Assessee being a wholly owned subsidiary of a foreign company, has various transactions with its AEs which were reported as the international transactions in 3CEB report. The TPO noted them in Page 2 of the order and after excluding non-operating items, both revenue and expenditure, arrived at (operating cost / operating revenues) at 27.12%, whereas (operating

WATERMARKE RESIDENCY LIMITED ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(2), HYDERABAD

In the result, the appeals of the assessee vide ITA Nos

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

method for determining Ams Length Price. 1 have considered the submissions of the appellant and findings of the Assessing Officer in the assessment order, order of the Transfer Pricing Officer (TPO) carefully. The prime lending rate of state Bank of India prevailing + p.a adopted by the tax payer cannot be treated as Arms Length Price. The LIBOR is the rate

WATERMARK RESIDENCY LIMITED, ,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(2), HYDERABAD

In the result, the appeals of the assessee vide ITA Nos

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

method for determining Ams Length Price. 1 have considered the submissions of the appellant and findings of the Assessing Officer in the assessment order, order of the Transfer Pricing Officer (TPO) carefully. The prime lending rate of state Bank of India prevailing + p.a adopted by the tax payer cannot be treated as Arms Length Price. The LIBOR is the rate

WATERMARK RESIDENCY LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(2), HYDERABAD

In the result, the appeals of the assessee vide ITA Nos

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumar

method for determining Ams Length Price. 1 have considered the submissions of the appellant and findings of the Assessing Officer in the assessment order, order of the Transfer Pricing Officer (TPO) carefully. The prime lending rate of state Bank of India prevailing + p.a adopted by the tax payer cannot be treated as Arms Length Price. The LIBOR is the rate

SIGNODE INDIA LIMITED,HYDERABAD vs. ACIT, CIRCLE-3(1), HYDERABAD

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

Transfer Pricing Officer [in short “TPO”] under section 92CA(1) of Income-tax Act, 1961, with the prior approval of the Pr. Commissioner of Income Tax-3, Hyderabad, for determination of arm's length price in respect of the Specified domestic/ International transactions reported by the assessee company for the financial year relevant to the assessment year

SIGNODE INDIA LIMITED ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE-3(1), HYDERABAD

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

Transfer Pricing Officer [in short “TPO”] under section 92CA(1) of Income-tax Act, 1961, with the prior approval of the Pr. Commissioner of Income Tax-3, Hyderabad, for determination of arm's length price in respect of the Specified domestic/ International transactions reported by the assessee company for the financial year relevant to the assessment year

ZUARI CEMENT LIMITED,KADAPA vs. DCIT CIRCLE -1, NELLORE

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

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

Transfer Pricing Officer ("TPO") and DRP erred on the facts and in law, in rejecting the economic analysis in the TP documentation filed by the Appellant in terms of the Section 92D of the Act read with Rule 10D of the Income Tax Rules, 1962 ("the Rules") and proceeded to make the TP addition based on re-determination