DEPUTY COMMISSIONER OF INCOME TAX- 3(1)(1), MUMBAI, MUMBAI vs. DSV SOLUTIONS PVT. LTD. (FORMERLY UT WORLDWIDE (INDIA) PVT. LTD.), MUMBAI

In the result, the appeals filed by the revenueand cross\nobjections filed by the assesse for 2012-13, 2013-14 & 2014-\n15 under consideration stand dismissed

transfer-pricing regime, introduced by the Finance Act 2001 in sections 92A to 92F, is purpose-built to ensure that

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:

Transfer Pricing adjustment. Thus, in light of our above observations, the adjustment made in respect of export of vehicles deserves to be deleted. Hence, ground No.8 of appeal is allowed. Ground No. 10: Adjustment u/s.92CA(3) of the Act in respect of transaction with Hispano Carrocera, S.A (in short ‘Hispano’) : 35. In ground No.9 to 13 of appeal, the assessee

DEPUTY COMMISSIONER OF INCOME TAX- 3(1)(1), MUMBAI vs. DSV SOLUTIONS PVT. LTD. (FORMERLY UT WORLDWIDE (INDIA) PVT. LTD.) , MUMBAI

In the result, the appeals filed by the revenueand cross\nobjections filed by the assesse for 2012-13, 2013-14 & 2014-\n15 under consideration stand dismissed

transfer-pricing\nregime, introduced by the Finance Act 2001 in sections 92A to 92F, is purpose-built to\nensure that

TATA CHEMICALS LTD,MUMBAI vs. DCIT 2(3), MUMBAI

Appeal is hereby dismissed as infructuous

price in the same or materially similar transaction "between persons other than associated enterprises, in uncontrolled conditions". In the first place, an enterprise and its SPV are inherently associated enterprises. The definition of 'associated enterprises' under section 92A(1) covers "an enterprise which participates, directly or through one or more intermediaries, in the management or control or capital

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

Appeal is hereby dismissed as infructuous

price in the same or materially similar transaction "between persons other than associated enterprises, in uncontrolled conditions". In the first place, an enterprise and its SPV are inherently associated enterprises. The definition of 'associated enterprises' under section 92A(1) covers "an enterprise which participates, directly or through one or more intermediaries, in the management or control or capital

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

Appeal is hereby dismissed as infructuous

price in the same or materially similar transaction "between persons other than associated enterprises, in uncontrolled conditions". In the first place, an enterprise and its SPV are inherently associated enterprises. The definition of 'associated enterprises' under section 92A(1) covers "an enterprise which participates, directly or through one or more intermediaries, in the management or control or capital

DEPUTY COMMISSIONER OF INCOME TAX- 3(1)(1), MUMBAI vs. DSV SOLUTIONS PVT. LTD. (FORMERLYUT WORLDWIDE (INDIA) PVT. LTD.), MUMBAI

In the result, the appeals filed by the revenueand cross\nobjections filed by the assesse for 2012-13, 2013-14 & 2014-\n15 under consideration stand dismissed

transfer-pricing\nregime, introduced by the Finance Act 2001 in Sections 92A to 92F, is purpose-built to\nensure that

TATA CHEMICALS LTD,MUMBAI vs. DCIT - 2 (3)(1), MUMBAI

In the result, the appeal of the assessee is allowed

transfer of the goods and services falling u/s.80IA(8) has to be\ncompulsorily be determined under arm's length principle. Had it been so, then\npost introduction of SDT in Section 92BA w.e.f. 01/04/2013, then statute would\nhave provided that for the purpose of Sub-section (8) to Section 80IA, “market\nvalue” in relation to goods or services means

M/S. TATA CHEMICALS LTD,MUMBAI vs. DCIT2(3) (1) - , MUMBAI

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

transfer to any other business carried on by the assessee, the same should correspond to market value of such goods and services. The market value has to be seen qua the price in which such goods or services would ordinarily be fetched in the open market, i.e., whether in the open market the price of such goods and services

DIMEXON DIAMONDS LTD,MUMBAI vs. ACIT CENT. CIR 1(4) , MUMBAI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

sections": [ "143(3)", "144C(13)", "144C(5)", "92CA(1)", "92C(3)", "92C(1)", "234C", "270A", "92B", "92A", "92F(ii)", "10AB", "92", "230", "232", "143(2)", "142(1)" ], "issues": "Whether the transfer pricing

ADITYA BIRLA NUVO LTD (SINCE AMALGAMATED WITH GRASIM INDUSTRIES LIMITED),MUMBAI vs. DCIT CC-1(4) EARLIER WITH ACIT(LTU) 1, MUMBAI

Bench: SHRI AMIT SHUKLA, JUDICIAL MEMBER &\nSMT RENU JAUHRI, ACCOUNTANT MEMBER\nITA No.563/Mum/2018\n(Assessment Year :2013-14)\nAditya BirlaNuvo Ltd. Vs. Dy. CIT, Central Circle – 1(4)\n(Since Amalgamated with\nGrasim Industries Limited)\nA2 Aditya Birla Centre, S. K.\nAhire Marg, Worli, Mumbai\nEarlier with Asst. CIT(LTU) 1\nRoom No. 902, Old CGO\nBuilding, 9th Floor, M. K. Road,\nMumbai-400 020\nPAN/GIR No.AAACI1747H\n(Appellant) .. (Respondent)\nITA No.1885/Mum/2018\n(Assessment Year :2013-14)

transferred to the Associated Enterprise. At this stage, I must observe, a holistic\nreading of Explanation under sub section (8) of section 80IA of the Act would make it\nclear that clause (i) and clause (ii) operate in different situations. When the transaction\nbetween the related parties is in the nature of SDT coming within the ambit of section\n92BA

GOLDMAN SACHS (INDIA) SECURITIES PRIVATE LIMITED,MUMBAI vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, DELHI

In the result, the appeal by the assessee is partly allowed for statistical\npurposes

price (“ALP”).\n6. The TPO, vide its order dated 09.10.2023 passed under section 92A(3)\nof the Act, rejected four companies considered as comparable by the assessee\nand arrived at a set of the following two comparable companies for\nbenchmarking the international transaction pertaining to the provision of non-\nbinding investment advisory and support services:\nName of the Companies\nWeighted

SIEMENS AKTIENGESELLSCHAFT,MUMBAI vs. ASSTT. CIT (INTERNATIONAL TAXATION)-CIRCLE-4(2)(1), MUMBAI

In the result, grounds No

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

Sections 92, 92A to 92F of the Act is considered, then it has to be reckoned as sufficient compliance by the assessee for the arm's length standard prescribed by the Indian transfer pricing

SIEMENS AKTIENGESELLSCHAFT,MUMBAI vs. ASSTT. CIT (INTERNATIONAL TAXATION)-CIRCLE-4(2)(1), MUMBAI

In the result, grounds No

Bench: Smt. Beena Pillai () & Smt. Renu Jauhri ()

Sections 92, 92A to 92F of the Act is considered, then it has to be reckoned as sufficient compliance by the assessee for the arm's length standard prescribed by the Indian transfer pricing

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

AAACORP EXIM INDIA PRIVATE LIMITED,MUMBAI vs. D.C.I.T.-CIRCLE-14(1)(1), MUMBAI

In the result the appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Gagan Goyal & Aaa Corp Exim India Pvt. Ltd. C-206, Ghatkopar Industrial Estate, Off Lbs Marg, Ghatkopar (W), Mumbai-400 086 Pan: Aacca8815C ...... Appellant Vs. Dcit-14(1)(1) Income Tax Offices, Aayakar Bhavan, M. K. Road, Mumbai-400 020 ..... Respondent

transfer of goods or services referred to in sub-section (8) of section 80-IA; (iv) any business transacted between the assessee and other person as referred to in sub- section (10) of section 80-IA; (v) any transaction, referred to in any other section under Chapter VI-A or section 10AA, to which provisions of sub-section

M/S. SP IMPERIAL STAR PRIVATE LIMITED ,MUMBAI vs. ITO, WARD, 3(3)(3), MUMBAI

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: SHRI. AMARJIT SINGH (Accountant Member), MS. KAVITHA RAJAGOPAL (Judicial Member)

Transfer Pricing Officer shall, by order in writing, determine the arm's length price in relation to the international transaction or specified domestic transaction in accordance with sub-section (3) of section 92C and send a copy of his order to the Assessing Officer and to the assessee.” 13. On a bare perusal of the said provision, it is evident

THERMAX BABCOCK & WILCOX ENERGY SOLUTIONS P.LTD,MUMBAI vs. DCIT CIR 2(3)(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed as indicated above

92A of the Income Tax Act, 1961 (‘the Act’). 15. Brief facts relating to assessment proceedings are, for the assessment year 2011-12, the assessee had entered into several international transactions with its AE's within the meaning of section 92B of the Act. The said transactions were reported by the assessee in its form 3CEB filed