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

transfer pricing as enshrined in section 92F(ii), as no unrelated party in uncontrolled circumstances would have fore gone such huge sum of money without charging interest from AE. Therefore, the receivable representing the difference in the ALP value of the 7 years 8.5% NCCRPS to its AE and the issue price has been rightly characterised and treated as loan

JSW ENERGY (BARMER) LIMITED,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 8(3), MUMBAI, MUMBAI

In the result, both the appeals are allowed partly for statistical

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

section 92C(3)(a) and 92C(3)(c) are invoked to determine the ALP. rmine the ALP. 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble 4. So far as the assessee's contention that the Hon'ble Mumbai ITAT has accepted the assessee

VODAFONE INDIA LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-8(3)(2), MUMBAI

transfer pricing adjustment. In addition\nthe Assessing Officer also proposed other\nadditions/disallowances as per the provisions of the Act.\n3.2. The Assessee filed objections before the DRP against the Draft\nAssessment Order, dated 31/03/2015. On 22/12/2015, the DRP\ndisposed off the objections granting partial relief to the\nAssessee. As per the directions of the DRP, the Assessing Officer\npassed

DCIT 8(3)(2), MUMBAI vs. M/S VODAFONE IDEA LIMITED (EARLIER KNOWN AS VODAFONE INDIA LIMITED WHICH NOW STANDS MERGED WITH IDEA CELLULAR LIMITED (ICL) AND CONSEQUENTLY KNOWN AS VODAFONE IDEA LIMITED), MUMBAI

transfer pricing adjustment. In addition\nthe\nAssessing\nOfficer\nalso\nproposed\nother\nadditions/disallowances as per the provisions of the Act.\n3.2. The Assessee filed objections before the DRP against the Draft\nAssessment Order, dated 31/03/2015. On 22/12/2015, the DRP\ndisposed off the objections granting partial relief to the\nAssessee. As per the directions of the DRP, the Assessing Officer\npassed

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment years under consideration stands partly allowed and cross appeals filed by the assesse stands dismissed

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

194 (Punj & Har.) that the royalty rates represent ALP of any international permitted by RBI would not represent transactions, Ld. TPO opined that determination of ALP was to be examined from the point of view of Transfer Pricing Provisions under the Income Tax Act. 2.9.5 Proceeding further, finding defects in the assessee's methodology to benchmark the same by External

JAGUAR LAND ROVER INDIA LTD.,MUMBAI vs. ADDL/JT./DY/CIT/ASSTT/ITO, NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, appeal of the assessee is allowed

194/- and accordingly, the income assessed was at Rs.51,99,90,056/-. 5. Before us ld. Counsel for the assessee, Mr. J.D. Mistry submitted that here in this case the transfer pricing order u/s. 92CA(3) was passed on 01/11/2019, whereas the last date of passing the order was 31/12/2019 and therefore, in view of the decision of the Madras

TATA MOTORS LTD,MUMBAI vs. ACIT 2(3), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.631/मुं/2013 (िन.व. 2008-09) Tata Motors Limited Bombay House, 24,Homi Mody Street, Hutama Chowk, Mumbai – 400001. Pan: Aaact-2727-Q ...... अपीलाथ"/Appellant बनाम Vs. The Addl. Commissioner Of Income Tax Circle -2(3), Mumbai. Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D.Mistry, Sr.Advocate With Shri Nikhil Tiwari,Advocate "ितवादी "ारा/Respondent By : Ms. Vatsala Jha, Cit-Dr & Shri Manoj Kumar Singh, Sr.Ar सुनवाई की ितिथ/ Date Of Hearing : 10/11/2023 घोषणा की ितिथ/ Date Of Pronouncement : 05/02/2024 आदेश/Order Per Vikas Awasthy, Jm:

194 75,081,866 387,020 Average sales price per unit 387,020 Similarly, in respect of product 207-4x4-483, the TPO selected the transaction with non-AE where the average price charged is more than price charged from AE ignoring the fact that there are transaction with other non- AEs where the average price charged is less

DEUTSCHE EQUITIES INDIA PVT. LTD.,MUMBAI vs. ADDL.C.I.T. RG. 4(1), MUMBAI

Transfer Pricing\nStudy Report (TPSR) the Assessee had itself adopted CUP Method\nas the Most Appropriate Method. Further, the facts relevant for\nadjudication of this ground are also not on record. However, since\nwe have concluded that marketing and volume adjustment should\nbe granted to the Assessee, Ground No. 12 raised by the Assessee\nhas been rendered infructuous and therefore

KANTAR ANALYTICS INDIA PRIVATE LIMITED (FORMERLY KNOWN AS FIREFLY MARKET RESERCH INDIA PRIVATE LIMITED (SUCCESSOR OF ANALYTICS QUOTIENT SERVICE INDIA PRIVATE LIMITED),MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(3)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

Transfer Pricing Analysis of IGS, it is essential for AO\nto determine whether services have been rendered or not.\n17. In this respect the attention is invited to Rule 10D(1), clause (d) and the same is\nreproduced below-\n\"Information and documents to be kept and maintained under section 92D.\n10D. (1) Every person who has entered into

VODAFONE INDIA LTD,MUMBAI vs. DCIT 7(3), MUMBAI

In the result, the appeal of the assessee is treated as allowed and the appeal of the revenue is dismissed

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Pricing Officer (TPO) and also various additions. The assessee filed objections against the draft assessment order before Ld DRP. After receipt of the order passed by Ld DRP, the assessing officer has passed this final assessment order, which the assessee is challenging in the present appeal filed before the Tribunal. The revenue is challenging the decision of Ld DRP with

VODAFONE INDIA LTD,MUMBAI vs. DCIT 8(3)(2), MUMBAI

Appeal are allowed for statistical purposes

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price at which these were transferred to the Pre-paid Distributors. 5.2. In the Draft Assessment Order, dated 29/12/2016, the Assessing Officer proposed disallowance under Section 40(a)(ia) of the Act in respect of the upfront discount extended to the Pre-paid Distributors. The Assessing Officer treated the arrangement between the Appellant and Pre-paid Distributors as a ‘Principal

VODAFONE IDEA LIMITED (EARLIER KNOWN AS VODAFONE INDIA LTD. WHICH STANDS MERGED WITH IDEA CELLULAR LTD. AND CONSEQUENTLY KNOWN AS IDEA LTD.),MUMBAI vs. ACIT - CIRCLE- 5 (3)(2), MUMBAI

Appeal are allowed for statistical purposes

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

price at which these were transferred to the Pre-paid Distributors. The Assessing Officer and the DRP were of the view that the upfront discount given by the Appellant to the Pre-paid Distributor was in the nature of ‘commission’ liable to withholding of tax at source under section 194H of the Act. Since the Appellant had failed to deduct

ORACLE FINANCIAL SERVICES SOFTWARE LIMITED,MUMBAI vs. ACIT-13(1)(1), MUMBAI

In the result, appeal of the revenue stands partly allowed and\nappeal of the assessee stands allowed

Section 10A that\nthe Export Turnover is taken after reducing the amount of telecommunication\nexpenses relating to the various 10A units. The assessee has incurred the\nabove telecommunication expenses in foreign currency in connection with\nthe development & export of its software and just because no separate\ninvoice is raised on the customers towards these expenses, the assessee\ncannot include

DCIT-13(1)(1), MUMBAI vs. M/S ORACLE FINANCIAL SERVICES SOFTWARE LTD., MUMBAI

In the result, appeal of the revenue stands partly allowed and\nappeal of the assessee stands allowed

Section 10A that\nthe Export Turnover is taken after reducing the amount of telecommunication\nexpenses relating to the various 10A units. The assessee has incurred the\nabove telecommunication expenses in foreign currency in connection with\nthe development & export of its software and just because no separate\ninvoice is raised on the customers towards these expenses, the assessee\ncannot include

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

price and the book value of share, this ground is similar to Ground No. 4 of grounds of appeal raised by the revenue for the A.Y. 2006-07 and the decision taken therein shall apply mutatis-mutandis to the appeal for the A.Y. 2007-08. We order accordingly. 42. With regard to Ground No. 8 which is in respect

DCIT CC 3(4) CEN RG 3, MUMBAI vs. PATEL ENGINEERING LTD, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

price and the book value of share, this ground is similar to Ground No. 4 of grounds of appeal raised by the revenue for the A.Y. 2006-07 and the decision taken therein shall apply mutatis-mutandis to the appeal for the A.Y. 2007-08. We order accordingly. 42. With regard to Ground No. 8 which is in respect

ASUS INDIA PVT LTD.,MUMBAI vs. THE LD. ADDL/JOINT/DEPUTY/ACIT/ ITO, DELHI

In the result, appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Asus India Private Limited The Learned. 402, Supreme Chambers, Addl/Joint/Deputy/Acit/Ito 17-18 Shah Industrial Estate, Room No.305, Ara Centre 2-E Veera Desai Road, Vs. Jhandewalan Extn, New Delhi, Andheri (West), Delhi-110055 Mumbai-400 053 (Appellant) (Respondent) Pan No. Aajca6450C Assessee By : Mr. Vijay Mehta, Adv. Revenue By : Mr. Nihar Ranjan Samal, Sr. Ar Date Of Hearing: 19.05.2023 Date Of Pronouncement : 16.08.2023

transfer pricing adjustment of ₹ 11,193,854. 03. Brief facts of the case shows that assessee is a company engaged in the business of trading of notebooks, tablets, pad phones and Accessories. It filed its return of income on 30/11/2018. ROI was picked up for scrutiny. 04. During the course of assessment proceedings the learned AO noted that assessee

DEPUTY COMMISSIONER OF INCOME TAX,(IT)-4(2)(1), MUMBAI vs. M/S. SIEMENS, MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Shri Amarjit Singhshri Sandeep Singh Karhaildeputy Commissioner Of Income Tax, (It)-4(2)(1), Scindia House, Balard Pier, N.M. Road, Mumbai – 400038 ……………. Appellant Maharashtra V/S M/S. Siemens Aktiengensellschaft, C/O, Bsr & Co. Lodha Excelus, 1St Floor, Apollo Mills Compound, M.N. Joshi Marg, Mahalaxmi, ……………. Respondent Mumbai - 400038, Maharashtra Pan – Aabcs8516K

Transfer Pricing assessment proceedings no notice under section 92D(3) of the Act was issued by the AO to furnish any information or documents in respect of the international transaction not reported by the assessee. In this regard, the learned AR referred to the notice issued by the TPO under section 92CA of the Act on 13.12.2010 and 03.05.2011, which

TATA CHEMICALS LTD.,MUMBAI vs. DY CIT 2 (3)(1), MUMBAI

Transfer Pricing - adjustments:- Rs. 3,62,01,946/-\nOn the facts and in the circumstances of the case and in law, the\nlearned Assessing Officer grossly erred in adding a sum of Rs.\n3,62,01,946/-\nu/s 92 of the Act, based on the order of the learned\nTransfer Pricing Officer u/s 92A(3) of the Act, in respect