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 ()

92E. It provides that any transfer of goods or services referred to in sub- section (8) of Section 80IA is also covered under the specified domestic transaction. Section 92F sub-clause (ii) defines the arm’s length price

MONDELEZ INDIA FOODS P.LTD (FORMERLY KNOWN AS CADBURY INDIA LIMITED),MUMBAI vs. ASST CIT RG 5(1)(2), MUMBAI

In the result, appeal filed by the assessee for AY 2013-14 is allowed for statistical purpose

Bench: Shri Vikas Awasthy () & Ms. Padmavathy S. ()

transfer pricing adjustment envisages the substitution of the price of such international transaction with the ALP. 54. Under Sections 92B to 92F, the pre-requisite for commencing the TP exercise is to show the existence of an international transaction. The next step is to determine the price of such transaction. The third step would be to determine

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

In the result, the appeal of the assessee is allowed

transfer pricing provision of sections 92,92C, 92D and 92E. It provides\nthat any transfer of goods or services referred

MONDELEZ INDIA FOODS P.LTD,MUMBAI vs. ASST CIT RG 5(1)(2), MUMBAI

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

transfer 11 ITAs 1240/Mum/2016 ITA 1518/Mum/2017 Mondelez International pricing adjustment envisages the substitution of the price of such international transaction with the ALP. 54. Under Sections 92B to 92F, the pre-requisite for commencing the TP exercise is to show the existence of an international transaction. The next step is to determine the price of such transaction. The third step

MONDELEZ INDIA FOODS P. LTD,MUMBAI vs. DCIT RG 5(1)(2), MUMBAI

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

transfer 11 ITAs 1240/Mum/2016 ITA 1518/Mum/2017 Mondelez International pricing adjustment envisages the substitution of the price of such international transaction with the ALP. 54. Under Sections 92B to 92F, the pre-requisite for commencing the TP exercise is to show the existence of an international transaction. The next step is to determine the price of such transaction. The third step

VVF (INDIA) LIMITED,MUMBAI vs. INCOME TAX DEPARTMENT NATIONAL FACELESS ASSESSMENT CENTRE , MUMBAI

In the result appeal filed by the assessee stands partly allowed for statistical purposes

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

92E of the Income Tax Act, 1961 (Transfer Pricing) (Ed 2022) issued by the ICAI, provides following explanation: 2. Hon'ble Chennai Bench of ITAT in case of ACIT v Coastal Energy (P) Ltd [2015] 64 taxmann.com 425.(Chennai - Trib.). 3. Hon'ble Chennai Bench of ITAT in case of ACIT v Coastal Energy (P) Ltd [2015] 64 taxmann.com

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 pricing provision of sections 92,92C, 92D and 92E. It provides that any transfer of goods or services referred

KBS CREATION LTD ,MUMBAI vs. DY COMM. OF INCOME TAX -CIRCLE 24(1), MUMBAI

In the result, the concise ground of appeal of the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

transfer pricing adjustment on the basis of method prescribed under section 92C. The TPO applied various filters for testing the comparability of various comparables selected by assessee. The comparable which were not comparable with the assessee were excluded and TPO introduced his own comparable on the basis of various parameters and suggested the adjustment. However, the ld. DRP on considering

DAM CAPITAL ADVISORS LIMITED,MUMBAI vs. DCIT-4(1)(1), MUMBAI

In the result, appeal is allowed

Bench: Shri Amit Shukla () & Ms. Padmavathy S. ()

transfer pricing risk parameters but also having international transactions or specified domestic transactions, shall be referred to TPOs only in the following circumstances: (a) where the AO comes to know that the taxpayer has entered into international transactions or specified domestic transactions or both but the taxpayer has either not filed the Accountant’s report under Section 92E

ACIT, MUMBAI vs. DNJ CREATION LLP, MUMBAI

In the result, grounds of appeal raised by revenue are dismissed

Bench: Shri Pawan Singh& Shri Girish Agrawal(Physical Hearing)

transfer pricing guidelines issued by the Institute of Chartered Accountant of India wide guidance note on report under section 92E

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

transfer pricing provisions under Chapter X of the Act are\napplicable to the present case, as only after the adjudication of the aforesaid\nissue, the validity of the benchmarking by the assessee as well as by the TPO\ncan be analysed.\n19. Since, after the merger, DIHBV holds 100% shares of the assessee,\ntherefore it cannot be disputed that DIHBV

DBS BANK LTD INDIA BRANCHES (NOW AMALGAMATED WITH DBS BANK INDIA LIMITED ,MUMBAI vs. COMMISSIONER OF INCOME TAX (IT)-MUMBAI-2, MUMBAI

In the result, the appeal filed by the assessee is dismissed

Bench: Shri B.R. Baskaran (Am) & Smt. Kavitha Rajagopal (Jm)

transfer pricing risk parameters but also having international transactions or specified domestic transactions, shall be referred to TPOs only in the following circumstances: (a) where the AO comes to know that the taxpayer has entered into international transactions or specified domestic transactions or both but the taxpayer has either not filed the Accountant's report under Section 92E

HERE SOLUTIONS INDIA PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 10 (1)(1), MUMBAI

In the result, the appeal of the asessee bearing ITA No

Bench: Shrianikesh Banerjee () & Shri Girish Agrawal ()

transfer pricing regulations. 6. During the course of the assessment proceedings the Id. TPO vide show cause notice dated 12/10/2017, asked the assessee to explain why the set of comparable companies selected by the Id. TPO in AY 2012-13 and AY 2011-12, including the comparable companies which were not rejected by the Id. TPO in these years, should

MONDELEZ INDIA FOODS PVT. LTD. (FORMERLY KNOWN AS CADBURY INDIA LTD.),MUMBAI vs. ACIT ,RANGE 5 (1)(2), MUMBAI

In the result, appeal of the assessee company is allowed/partly\nallowed for statistical purposes, as per our aforesaid observations

transfer pricing adjustment envisages\nthesubstitution of the price of such international transaction\nwith the ALP. 54.Under Sections 92B to 92F, the pre-requisite\nfor commencing the TP exerciseis to show the existence of an\ninternational transaction. The next step is todetermine the\nprice of such transaction. The third step would be to\ndeterminethe ALP by applying one of the five

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

TATA INTERNATIONAL LTD,MUMBAI vs. DCIT RG 14(3)1), MUMBAI

In the result, the ground no

Bench: Shri Anikesh Banerjee & Miss Padmavathy S.

Transfer Pricing study Report of rs.2,20,600 which are in the nature of routine business expenditure and hence disallowance, whilst denying made should be restricted to Rs. 13,23,600 (Rs. 16,66,520-Rs.l,22,320). Erroneous adjustment on account of disallowance of professional fees paid to Vaishnavi Corporate Communications Pvt Ltd 5. On the Facts & circumstances

EMERSON ELECTRIC COMPANY (INDIA) PRIVATE LIMITED,MUMBAI vs. ADDL/JT/DY/ASSTT/CIT/ITO , DELHI

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (OECD Guidelines) Para 3.9 of the OECD Guidelines state that "Ideally, in Order to arrive at the most precise approximation of fair market value, the arm's length principle should be applied on a transaction-by-transaction basis. However, there are often situations where separate transactions are so closely linked

DCIT (LTU) 2, MUMBAI vs. ASIAN PAINTS LTD, MUMBAI

transfer pricing provisions, which requires\ndetermination of ALP.\n24. The letters of comfort, pursuant to which the loan of Rs.123.46 crore was\navailable by the associated enterprises from the banks outside India, are\nreproduced as under, for ready reference:-\n(i) “Re. Facilities extended by Citibank N.A to Asian Paints (Bangladesh) Limited\nWe confirm that we are aware