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337 results for “transfer pricing”+ Section 10(37)clear

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Key Topics

Section 143(3)83Addition to Income67Transfer Pricing43Section 14A40Disallowance37Comparables/TP35Deduction27Section 92C25Section 3525

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. IAC INTERNATIONAL AUTOMOTIVE INDIA PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed

ITA 749/PUN/2022[2013-14]Status: DisposedITAT Pune08 Jul 2025AY 2013-14

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Darpan KirpalaniFor Respondent: Shri Madhukar Anand
Section 143(2)Section 92Section 92C

10 ITA No.749/PUN/2022, AY 2013-14 the receipt of services as well as the benefits derived by the assessee therefrom. The relevant extract of the same is reproduced below: 11 ITA No.749/PUN/2022, AY 2013-14 6.3 So far as the benefits derived from the services are concerned, the Ld. AR demonstrated the same by showing the trend of increasing revenue

MERCEDES-BENZ INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

Showing 1–20 of 337 · Page 1 of 17

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Section 54B24
Section 12A24
Section 3721

The appeal of the assessee is partly allowed for statistical purposes

ITA 495/PUN/2017[2012-13]Status: DisposedITAT Pune15 Jul 2022AY 2012-13
For Appellant: S/Shri Percy Pardiwalla, Darpan KirpalaniFor Respondent: Shri J.P., Chandraker
Section 143(3)Section 144C(13)Section 92C(3)

section 92C, the arm's length price in relation to an international transaction shall be determined by any of the following methods, being the most appropriate method, in the following manner, namely :— b) resale price method, by which,— (i) the price at which property purchased or services obtained by the enterprise from an associated enterprise is resold or are provided

MERCEDES-BENZ INDIA PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER INDIA PVT. LTD),PUNE vs. ASST. CIT, CIRCLE-8, PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1083/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

10,076/-. The TPO also separately benchmarked the international transactions pertaining to payment of royalty and applied CUP method as most appropriate method. The rate of royalty paid by assessee was compared with the royalty payment made by Maruti Udyog Ltd. to Suzuki Motors Corporation, Japan and considered 3% royalty rate of Maruti Udyog Ltd. as arm's length price

DY. CIT, CIRCLE-9, PUNE vs. MERCEDES BENZ I PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER I PVT. LTD), PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1110/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

10,076/-. The TPO also separately benchmarked the international transactions pertaining to payment of royalty and applied CUP method as most appropriate method. The rate of royalty paid by assessee was compared with the royalty payment made by Maruti Udyog Ltd. to Suzuki Motors Corporation, Japan and considered 3% royalty rate of Maruti Udyog Ltd. as arm's length price

MERCEDES - BENZ INDIA PRVIATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed as indicated above and all appeals of Revenue and Cross Objection of assessee are dismissed

ITA 514/PUN/2014[2009-10]Status: DisposedITAT Pune31 Jul 2019AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

Section 143(3)

section 143(3) of the Act should be deleted. Your Honours would appreciate that additional ground can be raised at appellate stage, if the facts in connection with the issues raised, are on record. In support of the said proposition, the Appellant relies on the following judicial precedents in this regard:  National Thermal Power

MERCEDEZ-BENZ INDIA PRIVATE LTD.,,PUNE vs. DEPUTY COMMSSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed as indicated above and all appeals of Revenue and Cross Objection of assessee are dismissed

ITA 380/PUN/2015[2010-11]Status: DisposedITAT Pune31 Jul 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

Section 143(3)

section 143(3) of the Act should be deleted. Your Honours would appreciate that additional ground can be raised at appellate stage, if the facts in connection with the issues raised, are on record. In support of the said proposition, the Appellant relies on the following judicial precedents in this regard:  National Thermal Power

DEPUTY COMMISSIONER OF INCOME-TAX vs. MERCEDES BENZ INDIA PVT. LTD.,, PUNE

In the result, all the appeals of assessee are allowed as indicated above and all appeals of Revenue and Cross Objection of assessee are dismissed

ITA 566/PUN/2014[2009-10]Status: DisposedITAT Pune31 Jul 2019AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

Section 143(3)

section 143(3) of the Act should be deleted. Your Honours would appreciate that additional ground can be raised at appellate stage, if the facts in connection with the issues raised, are on record. In support of the said proposition, the Appellant relies on the following judicial precedents in this regard:  National Thermal Power

ASSITANT COMMISSIONER OF INCOME-TAX vs. MERCEDES BENZ INDIA PVT. LTD.,, PUNE

In the result, all the appeals of assessee are allowed as indicated above and all appeals of Revenue and Cross Objection of assessee are dismissed

ITA 486/PUN/2015[2010-11]Status: DisposedITAT Pune31 Jul 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

Section 143(3)

section 143(3) of the Act should be deleted. Your Honours would appreciate that additional ground can be raised at appellate stage, if the facts in connection with the issues raised, are on record. In support of the said proposition, the Appellant relies on the following judicial precedents in this regard:  National Thermal Power

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. MERCEDES - BENZ INDIA PVT. LTD.,, PUNE

In the result, all the appeals of assessee are allowed as indicated above and all appeals of Revenue and Cross Objection of assessee are dismissed

ITA 534/PUN/2016[2011-12]Status: DisposedITAT Pune31 Jul 2019AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

Section 143(3)

section 143(3) of the Act should be deleted. Your Honours would appreciate that additional ground can be raised at appellate stage, if the facts in connection with the issues raised, are on record. In support of the said proposition, the Appellant relies on the following judicial precedents in this regard:  National Thermal Power

M/S. SAVA MEDICA LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal for the A

ITA 738/PUN/2017[2011-12]Status: DisposedITAT Pune30 Aug 2021AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Sangram Gaikwad
Section 132Section 143(3)Section 153ASection 92C

10,101 54,60,16,598 67,74,06,101 1,57,23,23,733 14. The next step in stage two is enshrined in sub-clauses (ii) and (iii), which provide that the relative contribution by each of the associated enterprises to the earning of such combined net profit is to be evaluated and then the combined net profit

M/S. SAVA MEDICA LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal for the A

ITA 739/PUN/2017[2012-13]Status: DisposedITAT Pune30 Aug 2021AY 2012-13

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Sangram Gaikwad
Section 132Section 143(3)Section 153ASection 92C

10,101 54,60,16,598 67,74,06,101 1,57,23,23,733 14. The next step in stage two is enshrined in sub-clauses (ii) and (iii), which provide that the relative contribution by each of the associated enterprises to the earning of such combined net profit is to be evaluated and then the combined net profit

M/S. SAVA MEDICA LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal for the A

ITA 740/PUN/2017[2013-14]Status: DisposedITAT Pune30 Aug 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.738, 739 & 740/Pun/2017 िनधा"रण वष" / Assessment Years : 2011-12, 2012-13 & 2013-14

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Sangram Gaikwad
Section 132Section 143(3)Section 153ASection 92C

10,101 54,60,16,598 67,74,06,101 1,57,23,23,733 14. The next step in stage two is enshrined in sub-clauses (ii) and (iii), which provide that the relative contribution by each of the associated enterprises to the earning of such combined net profit is to be evaluated and then the combined net profit

BMC SOFTWARE INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1), PUNE

The appeal is dismissed as not pressed

ITA 270/PUN/2021[2016-17]Status: DisposedITAT Pune09 Sept 2022AY 2016-17

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

For Appellant: Shri Madhur Agarwal (through virtual)For Respondent: Shri Kalika Singh (through virtual)
Section 143(3)Section 144BSection 144C(13)Section 253(1)(d)

37,970 respectively on account of unanticipated additions made to the total income of the Appellant on account of transfer pricing and corporate tax adjustment which is due to difference of opinion and as at the due date of payment of advance tax by no means the Appellant could have estimated such adjustments and consequential tax on such adjustment

M/S EATON POWER QUALITY P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of assessee in ITA No

ITA 119/PUN/2013[2008-09]Status: DisposedITAT Pune11 Sept 2018AY 2008-09

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Vishal KalraFor Respondent: Shri Rajeev Kumar
Section 143(3)

10. We must also record the fact that the ALP was arrived at by the Transfer Pricing Officer (TPO) by not adopting any of the methods prescribed under section 92C of the Act. The method to determine the ALP adopted was not one of the prescribed methods for computing the ALP. It was not even any method prescribed

M/S. EATON POWER QUALITY PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee in ITA No

ITA 1373/PUN/2014[2007-08]Status: DisposedITAT Pune11 Sept 2018AY 2007-08

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Vishal KalraFor Respondent: Shri Rajeev Kumar
Section 143(3)

10. We must also record the fact that the ALP was arrived at by the Transfer Pricing Officer (TPO) by not adopting any of the methods prescribed under section 92C of the Act. The method to determine the ALP adopted was not one of the prescribed methods for computing the ALP. It was not even any method prescribed

MINDA RINDER PRIVATE LIMITED,PUNE vs. ACIT, CIRCLE-10, PUNE

In the result, the appeal is partly allowed for statistical

ITA 2035/PUN/2019[2015-16]Status: DisposedITAT Pune16 Feb 2021AY 2015-16

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2015-16 Minda Rinder Private Limited, Vs. Acit, Circle-10, Gat No.148, Mahalunge Ingale, Pune Off. Chakan Talegaon Road, Taluka Khed, Dist. Pune – 410501 Maharashtra Pan : Aaach4211R Appellant Respondent Assessee By Ms. Pallavi Dinodia Revenue By Shri Krishna Kumar Mishra Date Of Hearing 15-02-2021 Date Of Pronouncement 16-02-2021 आदेश / Order

Section 143(3)

37,66,308/-; Royalty charges – Rs.11,56,48,118/-; Consulting services – Rs.1,43,88,579/-; and Designing & Product Development Charges – Rs.10,88,47,390/-. He 4 Minda Rinder Private Limited computed 2.40% as arm’s length margin (OP/OR) of the comparables and then proposed the transfer pricing adjustment of Rs.13.10 crore in para 12.1 of his order in the following

M/S. HONEYWELL AUTOMATION INDIA LIMITED,,PUNE vs. ACIT, CIRCLE-7, PUNE

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

ITA 359/PUN/2013[2008-09]Status: DisposedITAT Pune02 Nov 2018AY 2008-09

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं./ Ita No. 359/Pun/2013 िनधा#रण वष# / Assessment Year : 2008-09

For Appellant: Shri Kamal Sawhney & Ms. Rhea AmarFor Respondent: Shri Rajeev Kumar, CIT-DR
Section 10ASection 10A(7)Section 801ASection 80I

transfer pricing study report as benchmark of 'ordinary profits' computed for the purposes of section 10A(7) and section 10AA(9) read with section 80IA(10); Appellant earning ‘more than ordinary profits’. 6. erred in concluding that the profits earned by the Appellant are more than ordinary profits from its STP operations, without appreciating and considering the business model under

NALCO WATER INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, , PUNE

Appeal is allowed for statistical purposes

ITA 1892/PUN/2018[2014-15]Status: DisposedITAT Pune02 Mar 2022AY 2014-15

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year:2014-15

For Appellant: Shri Ketan VedFor Respondent: Shri Shivaji B. More
Section 143(3)Section 144C(5)Section 92C(3)

37,89,951 to the value of various international transactions. 2 Nalco Water India Ltd. A.Y. 2014-15. b. The AO has also erred in disallowing depreciation of INR 1,75,34,827 on the assets installed at the premises of the Appellant's customers, by holding that the same were not used for the purpose of its own business

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SKODA AUTO A.S.,, AURANGABAD

In the result, appeal of Revenue is dismissed

ITA 787/PUN/2015[2010-11]Status: DisposedITAT Pune25 May 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.787/Pun/2015 यििाारण वषा / Assessment Year : 2010-11

For Appellant: Ms. Divya Bajpai, CITFor Respondent: S/Shri Nikhil Pathak &
Section 10Section 143(3)

37,76,296/-, thus income of ₹ 4,07,89,201/- was found to have not been offered for taxation. This discrepancy was pointed out to the assessee and show caused as to why the difference should not be taxed as royalty income / FTS @ 10%. Further, it was noted from the computation of income that the assessee had claimed exemption under

MERCEDES-BENZ INDIA PVT. LTD.,,PUNE vs. ASST. COMM. OF INCOME-TAX,, PUNE

In the result, all the appeals of assessee are allowed

ITA 10/PUN/2012[2007-08]Status: DisposedITAT Pune30 Apr 2019AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1468/Pun/2010 यििाारण वषा / Assessment Year : 2006-07 Mercedes-Benz India Pvt. Ltd., E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 9, Pune आयकर अपीऱ सं. / Ita No.10/Pun/2012 यििाारण वषा / Assessment Year : 2007-08 Mercedes-Benz India Pvt. Ltd., E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 9, Pune आयकर अपीऱ सं. / Ita No.298/Pun/2013 यििाारण वषा / Assessment Year : 2008-09 Mercedes-Benz India Pvt. Ltd., E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 9, Pune : Shri Pramod Achuthan : Ms. Nandita Kanchan Revenue By घोषणा की तारीख / सुनवाई की तारीख / Date Of Pronouncement: 30.04.2019 Date Of Hearing : 12.02.2019

Section 143(3)Section 92C(2)

10. The Assessing Officer also noted the corporate issue of Third Party Account (TPA adjustment). In the computation, the assessee had added sum of ₹ 12,42,59,727/- under the head ‘Prior period expenses’ and had claimed identical deduction in its computation. The assessee was asked to explain prior period transactions. The assessee filed explanation which is reproduced