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

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

17 ITA No.749/PUN/2022, AY 2013-14 "27. Now we turn to the second issue by which the TPO determined Nil ALP of the international transaction without applying any specific method. In this regard, section 92(1) of the Act provides that "Any income arising from an international transaction shall be computed having regard to the arm's length price". Section

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

The appeal of the assessee is partly allowed for statistical purposes

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

M/S. HONEWELL AUTOMATION INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

transfer pricing documentation, assessee applied filter to reject the companies having negative worth showing that the assessee has rejected companies whose capital has been eroded as a result of continuous losses, that persistent operating loss makers have been rejected by assessee on the most conservative approach and requested to include Mahindra Ashtec Limited and Artson Engineering Ltd. as comparables

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. HONEYWELL AUTOMATION INDIA LTD.,, PUNE

In the result, the appeal of Revenue is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

transfer pricing documentation, assessee applied filter to reject the companies having negative worth showing that the assessee has rejected companies whose capital has been eroded as a result of continuous losses, that persistent operating loss makers have been rejected by assessee on the most conservative approach and requested to include Mahindra Ashtec Limited and Artson Engineering Ltd. as comparables

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

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

D. KARUNAKARA RAO, AM : This appeal is filed by the assessee against the directions/orders of DRP/TPO/AO for the Assessment Year 2010-11. 2. Assessee raised total of 16 grounds in the appeal. The same are extracted here as under : On the facts and in the circumstances of the case and in law, the Honourable DRP and consequentially the learned

QUBIX BUSINESS PARK PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

In the result, Ground No.2 of the assessee is allowed for statistical purpose

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Transfer Pricing Officer under sub- Section (3) of Section 92CA and even under Section 144C(8). The DRP may confirm, reduce or enhance the variations proposed in the draft order and wherefore the word eligible assessee in Clause (1) and (15) and the proposed draft order referred to under Clause 144c(1) and (8) will have to be given full

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

In the result, the appeal for the A

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

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

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

In the result, the appeal for the A

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

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

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

In the result, the appeal for the A

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

section 92C under different methods. The modus operandi for determining the ALP under the `Profit Split method’ has been set out in rule 10B(1)(d) reading as under:- “(d) profit split method, which may be applicable mainly in international transactions or specified domestic transactions involving transfer of unique intangibles or in multiple international transactions or specified domestic transactions which

M/S. HONEYWELL AUTOMATION INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

d) SEZ unit at Pune. The details of the STPI unit and the expiration of the tax holiday are provided as under: Sr. Unit Tax holiday under No. section 10A of the Income Tax Act, 1961 (‘the Act’) 1 STP unit 1 at Pune Available up to AY 2007-08 2 STP unit 2 at Pune Available

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. HONEYWELL AUTOMATION INDIA LTD.,, PUNE

In the result, appeal of the assessee in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

d) SEZ unit at Pune. The details of the STPI unit and the expiration of the tax holiday are provided as under: Sr. Unit Tax holiday under No. section 10A of the Income Tax Act, 1961 (‘the Act’) 1 STP unit 1 at Pune Available up to AY 2007-08 2 STP unit 2 at Pune Available

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

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

transfer pricing regulations and warranted adjustment. In the trading of spares, the assessee had generated gross margin of 25.42% and total sales of CBUs were ₹ 18,17,48,020/-. The TPO thus, proposed an upward adjustment of ₹ 2,56,10,076/- to arm's length price of international transaction towards import of CBUs. 14. The next aspect was payment

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

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

transfer pricing regulations and warranted adjustment. In the trading of spares, the assessee had generated gross margin of 25.42% and total sales of CBUs were ₹ 18,17,48,020/-. The TPO thus, proposed an upward adjustment of ₹ 2,56,10,076/- to arm's length price of international transaction towards import of CBUs. 14. The next aspect was payment

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

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

transfer pricing adjustments/additions/variations made by the learned AO under 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

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

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

transfer pricing adjustments/additions/variations made by the learned AO under 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

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

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

transfer pricing adjustments/additions/variations made by the learned AO under 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

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

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

transfer pricing adjustments/additions/variations made by the learned AO under 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

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

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

transfer pricing adjustments/additions/variations made by the learned AO under 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

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

In the result, the appeal of assessee in ITA No

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

Transfer Pricing which also recommends the indirect charge approach for intra- group services in certain circumstances. The relevant Paras from the OECD Guidelines are reproduced hereunder for ready reference: "Para 7.24 -In some cases, an indirect charge method may be necessary due to the nature of the service being provided. One example is where the proportion of the value