IPCA LABORATORIES LTD,MUMBAI vs. ASST CIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

ASST CIT (LTU) 1, MUMBAI vs. IPCA LABORATORIES LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

ACIT CEN CIR 13, MUMBAI vs. IPCA LABORATORIES LTD, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

IPCA LABORATORIES LTD,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

IPCA LABORATORIES LTD,MUMBAI vs. DCIT LTU, MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

IPCA LABORATORIES LTD,MUMBAI vs. ASST CIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

DCIT CENT. CIR. 5(2), MUMBAI vs. IPCA LABORATORIES LTD., MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

IPCA LABORATORIES LTD,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by the learned assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

Transfer Pricing Officer rejected the contention of the assessee and computed the interest on the advance given to subsidiaries in Mauritius, USA and Brazil. He adopted that this Associated Enterprises’ will be categorized in the BB category for which rate of interest is 14.39% and accordingly, adjustment on account of non-charging of interest on advances to Associated Enterprises

J.P MORGAN ADVISORS INDIA P.LTD,MUMBAI vs. DCIT RG 3(2), MUMBAI

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

150 ITD 001 (Del.), the Tribunal while 29 J.P. Morgan Advisors India Pvt. Ltd. dealing with the issue relating to rejection of the company as a comparable on identical reasoning held that the ratio of 75% fixed by the Transfer Pricing Officer is not something which is scientifically proven. The Bench held that the company cannot be excluded for such

VIACOM 18 MEDIA P.LTD,MUMBAI vs. ADDL CIT 11(1), MUMBAI

In the result, assessee‟s appeal for A

Bench: Shri C.N. Prasad & Shri S. Rifaur Rahman

section 40(a)(ia) of the Act at ` 5,68,97,341. 144. The assessee is engaged in the business of broadcasting and telecasting of television channels. Accordingly, it incurs up–linking charges in connection with its broadcasting business. For the assessment year 2009-10, the assessee paid ` 5,68,97,341, towards up–linking fees to Television Eighteen India

SABMILLER INDIA LTD,MUMBAI vs. ASST CIT CIR 11(1)(2), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

section 195 of the Act. The learned Authorised Representative submitted, the services provided by the Group including broad guidelines on ways of working to ensure standard approaches for functions at operational level with the aim of achieving optimal efficiency. The learned Authorised Representative submitted, the services rendered are financial consulting, improved personnel strategy, business advisory services, corporate affairs, marketing, technical

M/S. INDIA MEDTRONICS PVT.LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(2),, BARODA

In the result, similarly the Assessee’s appeal is partly allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal

Transfer Pricing Officer to verify whether there was any involvement of the Assessee in the direct sales 21 ITA No.480/Ahd/2011 & ITA No.3361/Ahd/2010 – India Medtronic Private limited. made by the AE in India. Similar view was expressed by the Tribunal while deciding the issue in assessment years 2003–04, 2004–05 and 2007-08. Following the consistent view of the Tribunal

DCIT CIR 3(3), MUMBAI vs. SIRO CLINPHARM P.LTD, MUMBAI

In the result, appeal of the assessee is allowed

section 247(7.1) of the ITA provides that the transfer pricing rules will not apply to guarantees provided by Canadian parent corporations in respect of certain financial commitments of their Canadian controlled foreign I.T.A. Nos. 2618 and 2876/Mum/2014 Assessment year: 2009-10 Page 25 of 56 affiliates to support the active business operations of those affiliates". As to what could

SIRO CLINPHARM P. LTD,MUMBAI vs. DCIT CIR 3(3), MUMBAI

In the result, appeal of the assessee is allowed

section 247(7.1) of the ITA provides that the transfer pricing rules will not apply to guarantees provided by Canadian parent corporations in respect of certain financial commitments of their Canadian controlled foreign I.T.A. Nos. 2618 and 2876/Mum/2014 Assessment year: 2009-10 Page 25 of 56 affiliates to support the active business operations of those affiliates". As to what could

M/S. ESSAR SHIPPING LTD,MUMBAI vs. DCIT, CIRCLE 5(1)(1), MUMBAI

In the result, the appeal of the assessee is In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2021-22 M/S Essar Shipping Ltd., Dy. Cit, Circle 5(1)(1), 5Th Floor, Essar House, 11, Keshav Mumbai/Assessment Unit, Vs. Rao Khadye Marg, Mahalaxmi National Faceless Assessment Mumbai-400034. Centre, Room No. 568, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aacce 3707 D Appellant Respondent

Transfer Pricing Adjustments are made to the International Transac International Transactions entered into by the Assessee Company for tions entered into by the Assessee Company for A.Y. 2021- 22. Sr. No. Nature Nature of of International International Adjustment in Rs. /- Adjustment in Rs. / Transaction Transaction 3,42,83,120 3,42,83,120 1. Guarantee Commission Guarantee Commission Total Total

DY.CIT 7(1) (1) , MUMBAI vs. M/S. MATTEL TOYS (INDIA) PVT. LTD, MUMBAI

In the result, the appeal of the Revenue is dismissed, whereas,

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2012-13 Dy. Cit, Circle-7(1)(1), M/S Mattel Toys (India) Pvt. Ltd., Room No. 126, 1St Floor, Phoenix House, B-Wing, 4Th Floor, Vs. Aayakar Bhavan, M.K. Road, 462, Senapati Bapat Marg, Lower Mumbai-400020. Parel, Mumbai-400013. Pan No. Aaccm 2563 P Appellant Respondent

transfer pricing adjustment of AMP expenses. According to the Assessing Officer/Transfer Pricing expenses. According to the Assessing Officer/Transfer Pricing expenses. According to the Assessing Officer/Transfer Pricing Officer, the AMP expenses incurred by the assessee for its own the AMP expenses incurred by the assessee for its own the AMP expenses incurred by the assessee for its own business made

THOMAS COOK (INDIA) LTD.,MUMBAI vs. ADDL/ JT/ DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT CENTRE, DELHI

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

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms. Kavitha Rajagopal, Hon'Ble

price at which the shares are issued to the employees in order to compensate the payout obligation which might arise on ESOP shares either at buyback or at liquidation. 9.10 Allowability of ESOP expense in the income Tax Act- There is no specific section under which ESOP expenditure is allowable under the Income Tax Act 1961 ('Act). The only provision

TATA CONSULTANCY SERVICES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX 3(4), MUMBAI

In the result, appeals of both, revenue and assessee are partly allowed for all the three assessment years

Bench: Shri Pawan Singh & Shri Girish Agrawal

Transfer Pricing Officer or could be brought to our notice by learned Departmental Representative. On the contrary, on a thorough and careful reading of the impugned order of learned Commissioner (Appeals), we are of the view that learned Commissioner (Appeals) has taken pains to examine in detail the alternative benchmarking done by the assessee with foreign comparables and after detailed