NIHILENT TECHNOLOGIES P.LTD.,PUNE vs. ITO, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

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

transfer pricing issues. 3. First we will take up the Non-TP issues i.e. the ground No. 1 relating to computation of book profits under MAT provisions. The assessee has filed abridged grounds of appeal. The ground No. 1 raised in the appeal is as under : ―On facts and in law, 1] The learned DRP 1 A.O. erred in computing

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE vs. RENISHAW METROLOGY SYSTEMS LTD,, PUNE

In the result, appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.376/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 M/S. Renishaw Metrology Systems Ltd., S.No.283, Hissa No.2, S.No.284, Hissa No.2 & 3A, Raisoni Estate, Village Mann, Taluka Mulshi, अऩीऱाथी/Appellant Pune – 411057 …. Pan: Aabcr6361F Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(2), Pune

transfer pricing adjustment in the segment of provision of software development services by the assessee to its associated enterprises. The assessee had applied TNMM method and had taken net profit / total cost as its PLI and had selected certain concerns as comparables, which were objected to by the Assessing Officer. The TPO finally selected 9 concerns as comparables as accepted

M/S. RENISHAW METROLOGY SYSTEMS LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.376/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 M/S. Renishaw Metrology Systems Ltd., S.No.283, Hissa No.2, S.No.284, Hissa No.2 & 3A, Raisoni Estate, Village Mann, Taluka Mulshi, अऩीऱाथी/Appellant Pune – 411057 …. Pan: Aabcr6361F Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(2), Pune

transfer pricing adjustment in the segment of provision of software development services by the assessee to its associated enterprises. The assessee had applied TNMM method and had taken net profit / total cost as its PLI and had selected certain concerns as comparables, which were objected to by the Assessing Officer. The TPO finally selected 9 concerns as comparables as accepted

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. HONEYWELL AUTOMATION INDIA LIMITED,, PUNE

In the result, the appeal is dismissed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year: 2005-06

191/-. On the basis of the sustained amount of transfer pricing addition, the AO imposed penalty u/s.271(1)(c) of the Act amounting to Rs.1,48,40,838/-. The ld. CIT(A) deleted the same. The Revenue has come up in appeal against such deletion. 3. We have heard both the sides through Virtual Court and gone through the relevant

M/S. TRIPLE POOINT TECHNOLOGY (INDIA) P.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

M/S. TRIPLE POINT TECHNOLOGY (INDIA) PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. TRIPLE POINT TECHNLOGY INDIA PVT. LTD.,, PUNE

In the result, appeal of assessee in assessment year 2011-12 is allowed, appeal of Revenue in assessment year 2011-12 is dismissed and the appeal of assessee in assessment year 2012-13 is partly al...

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.581/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Triple Point Technology (India) Pvt. Ltd., Building No.3, Commerzone, Survey No.144/145, Samrat Ashok Path, Airport Road, Yerwada, अऩीऱाथी/Appellant Pune – 411006 …. Pan:Aabct8184A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

section 92CA(1) of the Act to the Transfer Pricing Officer (TPO) to compute the arm's length price of international transactions entered into by the assessee with its associated enterprises. The TPO noted that the assessee was a subsidiary of Triple Point US and was engaged in providing software development services to its associated enterprises. The assessee was also

VISTEON ENGINEERING CENTER (INDIA) PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

Accordingly, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

191 (Part) and 192 (Part), Sub Plot No. B, Mumbai-Pune Road, Pimpri Waghere, Pune-411018 PAN : AACCT2585N .......अऩीऱाथी / Appellant बनाम / V/s. The Assistant Commissioner of Income Tax, Circle – 13, Pune ……प्रत्यथी / Respondent आयकर अऩीऱ सं. / ITA No.540/PUN/2015 यनधाारण वषा / Assessment Year : 2010-11 The Assistant Commissioner of Income Tax, Circle – 13, Pune .......अऩीऱाथी / Appellant बनाम / V/s. Visteon Engineering Center

ASSISTANT COMMISSIONER OF INCOME-TAX vs. VISTEON ENGG. CENTER (I) PVT. LTD.,, PUNE

Accordingly, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

191 (Part) and 192 (Part), Sub Plot No. B, Mumbai-Pune Road, Pimpri Waghere, Pune-411018 PAN : AACCT2585N .......अऩीऱाथी / Appellant बनाम / V/s. The Assistant Commissioner of Income Tax, Circle – 13, Pune ……प्रत्यथी / Respondent आयकर अऩीऱ सं. / ITA No.540/PUN/2015 यनधाारण वषा / Assessment Year : 2010-11 The Assistant Commissioner of Income Tax, Circle – 13, Pune .......अऩीऱाथी / Appellant बनाम / V/s. Visteon Engineering Center

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

In the result, appeal filed by the assessee is partly\nallowed for statistical purposes

Transfer\nPricing Officer (TPO) u/s.92CA(1) of the Act for determination\nof Arm's Length Price (ALP) with the reference to the\ninternational transactions reported in Form No.3CEB filed by\nthe assessee. Ld. TPO after considering the submission of\nthe assessee firstly observed that the ALP of the payment of\nRoyalty for Trademark fees is Nil as the assessee

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

transfer pricing adjustment on corporate guarantee fee came up for consideration before the Tribunal in the assessee‘s own case for the A.Yrs. 2013-14 and 2014-15. The lead order was passed for the A.Y. 2014-15 in ITA No.1693/PUN/2018 holding that guarantee fee should be charged at 0.5%, which should be further increased by any expenditure actually incurred

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

transfer pricing adjustment on corporate guarantee fee came up for consideration before the Tribunal in the assessee‘s own case for the A.Yrs. 2013-14 and 2014-15. The lead order was passed for the A.Y. 2014-15 in ITA No.1693/PUN/2018 holding that guarantee fee should be charged at 0.5%, which should be further increased by any expenditure actually incurred

CREDENCE RESOURCE MANAGEMENT PVT LTD.,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1)., , PUNE

Appeal of the assessee is partly allowed for statistical purposes

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 133/Pun/2021 धनधाारण वषा / Assessment Year : 2016-17

Section 144C(8) of the Act, would not render the other findings as invalid or contrary to law and therefore, we observe that in this background, the prayer of the assessee on this legal grounds cannot be accepted and hence, dismissed. Thereafter, the assessee on merits submitted that he prayed for exclusion of four comparable companies viz. A. Manipal Digital

M/S. T - 3 ENERGY SERVICES INDIA PVT. LTD.,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.826/Pun/2015 यििाारण वषा / Assessment Year : 2010-11 M/S. T-3 Energy Services India Pvt. Ltd., D-Ii/65-1, Midc, Telco Road, अऩीऱाथी/Appellant Chinchwad, Pune – 411019 …. Pan: Aacct9805F Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range – 10, Pune

191/-. The Assessing Officer referred the matter to the Transfer Pricing Officer (TPO) for computing arm's length price in respect of international transactions entered into by the assessee with its associated enterprises. The TPO vide order dated 10.10.2013 under section

WOCKHARDT LIMITED,,AURANGABAD vs. ASSISTAMT COMMISSIONER OF INCOME TAX, CIRCLE -3,, AURANGABAD

In the result, the appeal filed by Revenue is partly allowed, the appeal filed by assessee is partly allowed and the CO filed by assessee is dismissed as withdrawn

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.775/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Acit, Circle-3, Aurangabad .......अऩीऱाथी / Appellant बिधम / V/S. Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M ……प्रत्यथी / Respondent आयकर अपीऱ सं. / Ita No.758/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......अऩीऱाथी / Appellant बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......Cross Objector बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019

Transfer Pricing Officer (TPO) of Rs.109,81,22,628/-, disallowance of excess claim of deduction u/s 80IC of Rs.9,61,86,526/-, disallowance under provisions of section 35(2AB) of Rs.65,55,77,068/-, disallowance of Freebies to Doctors of Rs.1,19,82,100/-, disallowance u/s CO No.43/PUN/2019 14A of Rs.78,87,413/- and disallowance of Provision for BDDR

M/S. OCWEN FINANCIAL SOLUTIONS PRIVATE LIMITED,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 2520/Pun/2017 नििाारण वषा / Assessment Year : 2013-14 M/S. Ocwen Financial Solutions Private Limited. Pritech Park, Block-12, Unit-2, 5B & 6A Floors, Bellandur Village, Sarjapur, Marathahalli Ring Road, Bangalore-560 103. Pan : Aaaco3764E .......अऩीऱाथी / Appellant बिाम / V/S. The Assistant Commissioner Of Income Tax, Circle-11, Pune. ……प्रत्यथी / Respondent

transfer pricing study is the data relating to the financial year in which the international transaction has been entered. The word "contemporaneously" is used in Rule 100 so as to mean that such documents mentioned therein have to be maintained as and when the business of the tax payer is carried on during the course of financial year. This word

TETRA PAK INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee for assessment year

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

191,654,869 8 Cost Allocation Received 15,126,588 9 Reimbursement received from Associates 38,032,427 10 Reimbursement paid to Associates 57,686,719 2.1 To benchmark international transactions the assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method. The Profit Level Indicator (Operating Profit/Sales) of the assessee and comparables for Packaging solutions segment

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. TETRA PAK INDIA PVT. LTD.,, PUNE

In the result, the appeal of assessee for assessment year

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

191,654,869 8 Cost Allocation Received 15,126,588 9 Reimbursement received from Associates 38,032,427 10 Reimbursement paid to Associates 57,686,719 2.1 To benchmark international transactions the assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method. The Profit Level Indicator (Operating Profit/Sales) of the assessee and comparables for Packaging solutions segment