PR COMMISSIONER OF vs. M/S WIPRO LIMITED

In the result, the appeal is disposed of in terms

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

section 10A nor under the provisions of the DTAA? (12) Whether on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the allocation of corporate expenses for the purpose of deduction in respect of 10A and non-10A units by placing reliance on the orders passed in respect of earlier assessment

PR.COMMISSIONER OF INCOMETAX-2 vs. M/S.EYGBS (INDIA) PVT LTD

Bench: CHIEF JUSTICE,C M JOSHI

Transfer Pricing Officer and to avoid rigors of Section 92C(4) of the Act and consequently enhanced benefits under section 10AA of the Act"? (ii) "Whether on facts and circumstances of the case, the Tribunal's order can be said as perverse in nature in not appreciating that the assesee failed to substantiate an furnish details

PR COMMISSIONER OF vs. M/S LUWA INDIA PRIVATE LIMITED

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Transfer Pricing Officer cannot derive any benefit from the transaction. The relevant extract of the decision of High Court of Bombay in LEVER INDIA EXPORTS LTD. is reproduced below for the facility of reference. "7. We note that the Tribunal has recorded the fact that the respondent assessee has launched new products which involved huge advertisement expenditure. The sharing

THE PR. COMMISSIONER OF INCOME TAX CIT(A) vs. M/S IDS SOFTWARE SOLUTIONS INDIA PVT LTD

Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT

Section 10A of the Income-Tax Act, 1961 (hereinafter referred to as ‘the Act’ for short). The case of the assessee was taken up for scrutiny. The assessee made available the necessary ITA.No.496/2017 - 4 - information and records before the Assessing Officer. The Assessing Officer considered it necessary to refer the computation of the Arms Length Price in relation

THE PR COMMISSIONER OF INCOME TAX vs. M/S ACUSIS SOFTWARE INDIA

Bench: S.SUJATHA,VINEET KOTHARI

Section 10A provides that such expenses are to be reduced only from the export turnover? 2. Whether in the facts and circumstances of the case, the Tribunal is right in law in excluding comparables such as M/s. Bodhtree Consulting Ltd, M/s. Excelrx Services ltd and M/s. Moldtex Technologies Ltd on the ground of functional dissimilarity by following its earlier order

THE PR COMMISSIONER OF INCOME TAX vs. M/S EXIDE LIFE INSURANCE COMPANY LTD

In the result, both the appeals stand dismissed

Bench: S.SUJATHA,RAVI V HOSMANI

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price and the said officer did not suggest TP adjustment. Assessing Authority made non TP addition pertaining to surplus from shareholders account, treating the same as income from other business and losses from pension fund not allowed to be carried forward. Aggrieved by the said order, the assessee preferred appeals

THE PR COMMISSIONER OF INCOME TAX vs. M/S EXIDE LIFE INSURANCE CO LTD

In the result, both the appeals stand dismissed

Bench: S.SUJATHA,RAVI V HOSMANI

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price and the said officer did not suggest TP adjustment. Assessing Authority made non TP addition pertaining to surplus from shareholders account, treating the same as income from other business and losses from pension fund not allowed to be carried forward. Aggrieved by the said order, the assessee preferred appeals

WIPRO LIMITED vs. THE JOINT COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mr. Justice Krishna S.Dixit Writ Petition No.20040/2019 (T-It) Between:

Pricing Officer during the proceeding for assessment, reassessment made. The period as specified in sub- section (1)(2) & (3) shall be further extended by 12 months. 153(5) To give effect to the order of the higher authorities i.e. CIT (A), ITAT, HC and SC orders To give effect to an order passed by higher authorities other than those orders

THE COMMISSIONER OF INCOME TAX vs. M/S FIRST ADVANTAGE OFFSHORE SERVICES PVT LTD

Bench: S.SUJATHA,VINEET KOTHARI

price under the proviso to Section 92C(2) of the Act, without considering the corrigendum dated 30-04-2010 to the circular 5/2010 issued by the Board in this regard? 6. Whether the Tribunal was correct in directing cross examination in the case of comparables where information was gathered in terms of provisions of section

THE PR. COMMISSIONER OF INCOME TAX vs. M/S EDS ELECTRONICS DATA SYSTEMS INDIA PVT.LTD.

In the result, we do not find any merit in this

Bench: ALOK ARADHE,R. NATARAJ

10A of the Act in respect of profits derived from export of software STP Units and claimed deduction under Section 80HHE in respect of profits derived from export of computer software available to any entity. However, the Transfer Pricing

THE PR COMMISSIONER OF INCOME TAX vs. M/S BROCADE COMMUNICATION

Bench: S.SUJATHA,VINEET KOTHARI

Section 10A of the IT Act are allowed only Date of Judgment 28-06-2018 I.T.A.No.330/2017 The Pr. Commissioner of Income-tax, CIT(A) & Anr. Vs. M/s. Brocade Communication Systems Pvt. Ltd., 9/14 in Export Turnover but not from the Total Turnover then, it would give rise to inadvertent, unlawful, meaningless and illogical result which would cause grave injustice

THE PR COMMISSIONER OF INCOME TAX vs. M/S E4E BUSINESS SOLUTIONS INDIA PVT LTD.,

Bench: S.SUJATHA,VINEET KOTHARI

transfer pricing officer has rightly chosen the said comparable in accordance with provisions of the Act? (2) Whether on facts and in the circumstances of the case, the Tribunal erred in allowing holding that the telecommunication charges excluded from export turnover should also be excluded from total turnover by relying on the decision in the case of Tata Elxsi

THE COMMISSIONER OF INCOME TAX vs. M/S MINDTECK (INDIA) LIMITED,

Bench: S.SUJATHA,VINEET KOTHARI

section 10A to be reduced from the total turnover also? 3. Whether on the facts and in the circumstances of the case, the Tribunal is right in Date of Judgment 17-07-2018, ITA No.332/2015 The Commissioner of Income Tax & Another Vs. M/s Mindteck (India) Limited 4/13 law in holding that the size and turnover of the company are deciding

M/S METRIX PRECISION COMPONENTS PVT. LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, the appeal is allowed

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10A of the Act was introduced to give effect to EXIM policy of the Central Government. Paragraph 6.10 of the aforesaid policy deals with exchange through others and provides that EOU/EHTP/STP/BTP unit may export goods manufactured / software developed by it through another exporter or any other EOU/EHTP/STP/SEZ unit subject to the conditions mentioned in paragraph 6.19 of Handbook. Paragraph

PR.COMMISSIONER OF vs. M/S TRIANZ HOLDINGS PVT LTD

Bench: S.SUJATHA,VINEET KOTHARI

Section 10A of the Act only qua the eligible under taking and without reference to other eligible or non eligible units or undertakings of same assessee. Regarding Substantial Question No.2: 4. The learned Tribunal, after discussing the rival contentions of both the Appellants-Revenue and Respondent-Assessee, has returned a finding as under: “(iii) Transfer pricing

THE COMMISSIONER OF INCOME-TAX vs. M/S. CURAM SOFTWARE INTERNATIONAL

Bench: S.SUJATHA,VINEET KOTHARI

transfer pricing regulations in India does not provide for assumptions in respect of adjustments and recorded perverse finding? 8. Whether on the facts and in the circumstances of the case and in law the Tribunal was correct in directing exclusion of telecommunication expenses and expenditure incurred in foreign currency from export turnover Date of Judgment 12-07-2018, ITA No.20/2014

THE PR COMMISSIONER OF INCOME TAX vs. M/S HEWLETT PACKARD GLOBAL

Bench: S.SUJATHA,VINEET KOTHARI

10A of the IT Act are allowed only in Export Turnover but not from the Total Turnover then, it would give rise to inadvertent, unlawful, meaningless and illogical result which would cause grave injustice to the Respondent which could have never been the intention of the legislature. 20. Even in common parlance, when the object of the formula

THE PR COMMISSIONER OF INCOME TAX vs. M/S HEWLETT PACKARD GLOBAL

Bench: S.SUJATHA,VINEET KOTHARI

Section 10A of the IT Act are allowed only in Export Turnover but not from the Total Turnover then, it would give rise to inadvertent, unlawful, meaningless and illogical result which Date of Judgment 05-07-2018 I.T.A.No.351/2017 The Pr. Commissioner of Income-tax, CIT(A) & Anr. Vs. M/s. Hewlett Packard Global Soft Pvt. Ltd., 7/12 would cause grave