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100 results for “transfer pricing”+ Section 40A(9)clear

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Key Topics

Addition to Income65Section 12A39Section 14A35Section 37(1)35Deduction35Section 143(3)31Section 1125Section 10(20)24Section 40A(2)(a)19

INCOME TAX OFFICER WARD 1 JALNA, JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED, JALNA

In the result, both the appeals filed by the Revenue are dismissed

ITA 2285/PUN/2024[2013]Status: DisposedITAT Pune26 Sept 2025

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

For Appellant: Shri J P BairagraFor Respondent: Shri Basavaraj Hiremeth, Addl CIT
Section 143(2)Section 40A(2)(a)Section 92A(2)(a)Section 92BSection 92C

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

Showing 1–20 of 100 · Page 1 of 5

Section 92B18
Disallowance16
Transfer Pricing11

INCOME TAX OFFICER , JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED , JALNA

In the result, both the appeals filed by the Revenue are dismissed

ITA 685/PUN/2025[2013]Status: DisposedITAT Pune26 Sept 2025

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

For Appellant: Shri J P BairagraFor Respondent: Shri Basavaraj Hiremeth, Addl CIT
Section 143(2)Section 40A(2)(a)Section 92A(2)(a)Section 92BSection 92C

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

ADIENT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

ITA 2986/PUN/2017[2013-14]Status: DisposedITAT Pune31 May 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Adient India Private Limited Vs. Dcit, Plot No.1, S No.235 & 245, Circle-1(1), Pune Hinjewadi, Tal-Mulshi, Pune - 411057 Pan : Aaact6342D Appellant Respondent Assessee By Shri Dhanesh Bafna Revenue By S/Shri Kalika Singh & Madhavan A.M. Krishnan Date Of Hearing 27-05-2021 Date Of Pronouncement 31-05-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 27-10-2017 Passed By The Assessing Officer (Ao) U/S.143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (Hereinafter Also Called ‗The Act‘) In Relation To The Assessment Year 2013-14. 2. The Only Issue Raised In This Appeal Is Against Transfer Pricing Addition Of Rs.5,95,39,429. Succinctly, The Factual Matrix Of The Case Is That The Assessee Was Earlier A 50:50 Joint

Section 143(3)Section 144C(13)

40A(2) is of no avail in determining the ALP of SDTs under the transfer pricing provisions. Once the ALP is to be determined under Chapter X, one needs to strictly adhere to the mechanism set out in the respective methods and not go arbitrarily by any non- prescribed mode or method. Vindicating the assessee‘s contention of applying

DANA INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

In the result, the appeal is partly allowed

ITA 473/PUN/2018[2013-14]Status: DisposedITAT Pune25 Feb 2021AY 2013-14

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.473/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 143(3)Section 92C

transfer pricing addition by the AO in the impugned order. 17.3. We have heard the rival submissions and gone through the relevant material on record. It is seen that the assessee claimed to have incurred Rs.11.71 crore to Dana Corporation, USA for receipt of Sales, General and Administration services. The TPO determined Nil ALP primarily on the ground that

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 8, PUNE vs. SPICER INDIA PVT. LTD, PUNE

In the result, the appeal of Revenue is dismissed

ITA 580/PUN/2020[2015-16]Status: DisposedITAT Pune03 Jun 2021AY 2015-16

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

For Appellant: Shri R.D. OnkarFor Respondent: Shri Kalika Singh
Section 37Section 37(1)Section 40A(2)(b)Section 92C

40A(2) is only applicable to expenditure, transfer pricing provisions are applicable to both income and expenditure. He argued that the CIT(A) erred in relying the decision rendered by the ITAT on deductibility of expenses u/s. 37 of the Act in the context of section 92 of the Act. 7. Further, he referred to the decision of ITAT Bangalore

YAZAKI INDIA P LTD., (FORMERLY KNOWN AS YAZAKI (I) LTD.,),PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal is partly allowed

ITA 621/PUN/2014[2009-10]Status: DisposedITAT Pune11 Jul 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.621/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

Section 143(3)Section 40A(2)(a)

section 40A(2)(a) of the Act. Ergo, we order to delete the addition of Rs.2,96,50,650/- made on this score. This ground is allowed. 10 Yazaki India Private Limited 9. The next issue concerns the transfer pricing

RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,, JALGAON

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 672/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

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

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

9. In respect of disallowance made u/s. 14A the ld. AR submitted that the assessee has invested a sum of Rs.1,36,40,800/- in shares of group companies. The details of investments made by assessee in group companies are as under : a. Manraj Housing Finance Ltd. Rs.21,90,800/-. b. R.L. Gold Pvt. Ltd. Rs.1,00,000/-. c. Manvi

DEPUTY COMMISSIONER OF INCOME-TAX vs. RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 834/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

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

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

9. In respect of disallowance made u/s. 14A the ld. AR submitted that the assessee has invested a sum of Rs.1,36,40,800/- in shares of group companies. The details of investments made by assessee in group companies are as under : a. Manraj Housing Finance Ltd. Rs.21,90,800/-. b. R.L. Gold Pvt. Ltd. Rs.1,00,000/-. c. Manvi

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. RAJMAL LAKHICHAND,,

In the result, appeal of the Department is dismissed

ITA 832/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

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

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

9%. The Assessing Officer disallowed the excess interest paid to the partners. Similar disallowance was made by Assessing Officer in assessment year 2009-10. The Tribunal deleted disallowance by holding that it is immaterial as to what rate of interest the partner pays to the customers. As long as the interest paid to the partner on the gold under gold

M/S. RAJMAL LAKHICHAND vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Department is dismissed

ITA 670/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

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

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

9%. The Assessing Officer disallowed the excess interest paid to the partners. Similar disallowance was made by Assessing Officer in assessment year 2009-10. The Tribunal deleted disallowance by holding that it is immaterial as to what rate of interest the partner pays to the customers. As long as the interest paid to the partner on the gold under gold

DEPUTY COMMISSIONER OF INCOME-TAX ,, JALGAON vs. M/S. RAJMAL LAKHICHAND & SONS,,

Appeal is dismissed

ITA 1547/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

9 kg= 10,15,200 66 kg= 50,96,700 13. Before First Appellate proceedings, the assessee submitted that the said decision of Assessing Officer constitutes guess work and therefore, should not be sustained. Absence of provisions for taxing the cases of lower sales price, similar to that of section 40A(2)(b) of the Act, the fluctuations

M/S. RAJMAL LAKHICHAND & SONS vs. JOINT COMMISSINER OF INCOME-TAX,,

Appeal is dismissed

ITA 1360/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

9 kg= 10,15,200 66 kg= 50,96,700 13. Before First Appellate proceedings, the assessee submitted that the said decision of Assessing Officer constitutes guess work and therefore, should not be sustained. Absence of provisions for taxing the cases of lower sales price, similar to that of section 40A(2)(b) of the Act, the fluctuations

M/S. RAJMAL LAKHICHAND AND SONS vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue is dismissed

ITA 1000/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

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

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

9% interest is within the limits permitted by the provisions of section 40(b), therefore, no disallowance of such interest paid by the firm to the partner is called for. The ld. AR submitted that similar disallowance was made in the case of assessee‟s sister concern M/s. Rajmal Lakhichand in the assessment year 2009-10. The Tribunal

P.N.GADGIL JEWELLERS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the appeal of assessee is partly allowed

ITA 1891/PUN/2018[2014-15]Status: DisposedITAT Pune04 Sept 2019AY 2014-15

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1891/Pun/2018 यििाारण वषा / Assessment Year : 2014-15

For Appellant: S/Shri M.P. Lohia and Rajendra AgiwalFor Respondent: Shri Amol Kamat
Section 143(3)Section 234ASection 92C

section 40A(2) of the Act and was to be considered for benchmarking. The TPO also observed that though the assessee had shown the above said purchases from the firm and had benchmarked by applying CUP method as most appropriate method; however, the assessee had not justified the transaction and the method in TP study report and the subsequent submissions

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

ITA 665/PUN/2016[2011-12]Status: DisposedITAT Pune23 Mar 2018AY 2011-12

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

For Appellant: Shri Nikhil PathakFor Respondent: Shri Rajeev Kumar
Section 143(3)

Transfer Pricing Officer (TPO) accepted TNMM applied by assessee in respect of substantial international transactions entered into by the assessee. However, in respect of small portion of packaging material segment, the TPO held CUP to be most appropriate method. The TPO thus, made following upward adjustment. Trading Segment Packaging Material Traded Rs.3,96,69,788/-. Import of Straws Rs.3

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

In the result, the appeal of assessee for assessment year

ITA 635/PUN/2016[2011-12]Status: DisposedITAT Pune23 Mar 2018AY 2011-12

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

For Appellant: Shri Nikhil PathakFor Respondent: Shri Rajeev Kumar
Section 143(3)

Transfer Pricing Officer (TPO) accepted TNMM applied by assessee in respect of substantial international transactions entered into by the assessee. However, in respect of small portion of packaging material segment, the TPO held CUP to be most appropriate method. The TPO thus, made following upward adjustment. Trading Segment Packaging Material Traded Rs.3,96,69,788/-. Import of Straws Rs.3

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

In the result, the appeal of assessee for assessment year

ITA 521/PUN/2017[2012-13]Status: DisposedITAT Pune23 Mar 2018AY 2012-13

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

For Appellant: Shri Nikhil PathakFor Respondent: Shri Rajeev Kumar
Section 143(3)

Transfer Pricing Officer (TPO) accepted TNMM applied by assessee in respect of substantial international transactions entered into by the assessee. However, in respect of small portion of packaging material segment, the TPO held CUP to be most appropriate method. The TPO thus, made following upward adjustment. Trading Segment Packaging Material Traded Rs.3,96,69,788/-. Import of Straws Rs.3

R.L. GOLD PVT. LTD. vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the Revenue is dismissed

ITA 1001/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

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

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

transfer of bullion/ornaments. (b) The assessee entered into fictitious transactions within the group to inflate purchases and sales to obtain higher bank finance. This fact is evident from increase in turnover of the assessee in the last two years by 11.5 times. The turnover of assessee increased from Rs.82.55 crore in assessment year 2007-08 to Rs.955.78 crores in assessment

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. R.L. GOLD PVT. LTD.,, JALGAON

In the result, the appeal of the Revenue is dismissed

ITA 1069/PUN/2015[2010-11]Status: DisposedITAT Pune31 Aug 2018AY 2010-11

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

For Appellant: Dr. Sunil PathakFor Respondent: Shri Mukesh Jha
Section 14ASection 40A(2)(a)

transfer of bullion/ornaments. (b) The assessee entered into fictitious transactions within the group to inflate purchases and sales to obtain higher bank finance. This fact is evident from increase in turnover of the assessee in the last two years by 11.5 times. The turnover of assessee increased from Rs.82.55 crore in assessment year 2007-08 to Rs.955.78 crores in assessment

NAV MAHARASHTRA CHAKAN OIL MILLS LTD,PUNE vs. INCOME TAX OFFICER, WARD-2(4), PUNE, PUNE

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

ITA 1871/PUN/2024[2013-14]Status: DisposedITAT Pune22 Oct 2024AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1871 & 1872/Pun/2024 िनधा"रण वष" / Assessment Years: 2013-14 & 2014-15 Nav Maharashtra Chakan Oil V The Income Tax Officer, Mills Limited, S Ward-2(4), Pune. 43, Nav Maharashtra House, Near Shaniwar Wada, Shaniwar Peth, Pune – 411030. Pan: Aaacn9941J Appellant / Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Advocate Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 16/10/2024 Date Of Pronouncement 22/10/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Are Two Appeals Filed By The Assessee Against The Two Separate Orders Of Ld.Commissioner Of Income Tax(Appeal), Pune Dated 27.07.2022 & 20.11.2023 For A.Y.2013-14 & 2014-15 Respectively. Since The Issue Involved Is Common, Both These Appeals Were Heard Together & Decided By The Common Order.

Section 250(6)Section 92B

40A(2)(b) in respect of which TP Adjustment made by the learned TPO/AO and since the transfer pricing provisions were amended by Finance Act, 2017 to exclude specified domestic transactions which are under section 92BA read with 40(2)(6) from the purview of transfer pricing regulations, the said addition made of Rs.19,43,14,369/- was not justified