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

The appeal of the assessee is partly allowed for statistical purposes

transfer price as available under proviso to section 92C(2) of the Act. B. Grounds related to corporate tax adjustments Ground No. 16 - Disallowance of Royalty expenditure Erred on the facts and in circumstances of the case in disallowing the royalty expenditure of Rs 12,51,11,887 as capital expenditure for AY 2012-13. Ground No. 17 - Disallowance

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

DEPUTY COMMISSIONER INCOME-TAX vs. VENTURA (INDIA) PVT. LTD.,, PUNE

In the result, both the appeals of assessee and Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1788/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Ventura (India) Pvt. Ltd., Wing C, Marisoft, Kalyani Nagar Annex, Vadgaon Sheri, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aabce3274C Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

77,11,928 consequential to non consideration / non-acceptance of analysis documented in the transfer pricing study report Erred on facts and in law by making the transfer pricing adjustment to its international transactions in connection with provision of call centre services and not considering/not accepting the comparability analysis documented in the transfer pricing study report for benchmarking purpose. Erred

VENTURA (INDIA) PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee and Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1788/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Ventura (India) Pvt. Ltd., Wing C, Marisoft, Kalyani Nagar Annex, Vadgaon Sheri, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aabce3274C Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

77,11,928 consequential to non consideration / non-acceptance of analysis documented in the transfer pricing study report Erred on facts and in law by making the transfer pricing adjustment to its international transactions in connection with provision of call centre services and not considering/not accepting the comparability analysis documented in the transfer pricing study report for benchmarking purpose. Erred

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

In the result, the appeal of assessee in ITA No

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

Section 92C(3). 3.14 The above principal was also ruled in the case of Nielson India Pvt Ltd. [TS-347-ITAT-2016-Mum], wherein the Tribunal held that TPO/DRP not justified in determining ALP at Nil on ground of furnishing of no documentary evidence despite furnishing of details of services as well as allocation of cost pertaining to these services

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

Section 92C(3). 3.14 The above principal was also ruled in the case of Nielson India Pvt Ltd. [TS-347-ITAT-2016-Mum], wherein the Tribunal held that TPO/DRP not justified in determining ALP at Nil on ground of furnishing of no documentary evidence despite furnishing of details of services as well as allocation of cost pertaining to these services

KNORR-BREMSE TECHNOLOGY CENTRE INDIA PRIVATE LIMITED,PUNE vs. DY. CIT, CIRCLE-14,, PUNE

Appeal is dismissed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year: 2015-16

77,778 as appearing in the draft assessment order instead of transfer pricing adjustment as per the rectified order of Rs.2,93,74,360. 10. Incorrect levy of interest under section

SYNECHRON TECHNOLOGIES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 1692/Pun/2018 नििाारण वषा / Assessment Year : 2014-15 Synechron Technologies Private Limited Cedar Building, Ascendas International, Tech Park Pune, Plot No.18, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Pune-411 057. Pan : Aaics2894R .......अऩीऱाथी / Appellant बिाम / V/S. The Assistant Commissioner Of Income Tax, Circle-6, Pune. ……प्रत्यथी / Respondent

section 271(1)(c) of the Act without considering the fact that adjustment to the income of the Appellant is mainly on account of difference of opinion and interpretation of provisions between the Appellant and the learned AO/ Transfer Pricing Officer.” 2. At the very outset, referring to the grounds of appeal, the Ld. Counsel for the assessee submitted that

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

transfer pricing addition on this count, in the prevailing facts is, ergo, not allowed. Goodyear South Asia Tyres Pvt. Ltd., 30. Having seen that neither the ALP determination of the assessee nor the Revenue is as per law, the next thing is to find out if the payment by the assessee in respect of regional services

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURNAGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

transfer pricing addition on this count, in the prevailing facts is, ergo, not allowed. Goodyear South Asia Tyres Pvt. Ltd., 30. Having seen that neither the ALP determination of the assessee nor the Revenue is as per law, the next thing is to find out if the payment by the assessee in respect of regional services

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 adjustments ought not be made to the computation of book profits under section 115JB of the Act. 7. Non grant of deduction under section 80-IAB on income from other sources and capital gains earned during the subject year The Hon’ble. DRP / NFAC / Ld.AO has erred in not granting a deduction under section

SAS RESEARCH AND DEVELOPMENT (INDIA) PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 632/Pun/2017 धनधाारण वषा / Assessment Year : 2012-13 Sas Research & Development (India) Pvt. Ltd. Level 2A & Level 3, Tower-5, Cyber City, Magarpatta, Hadapsar, Pune-411 013 Pan : Aaecs8099L .......अपीलाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-6, Pune. ……प्रत्यथी / Respondent आयकर अपील सं. / Ita No. 619/Pun/2017 धनधाारण वषा / Assessment Year : 2012-13 The Deputy Commissioner Of Income Tax, Circle-6, Pune. .......अपीलाथी / Appellant बनाम / V/S. M/S. Sas Research & Development (India) Pvt. Ltd. 2Nd & 3Rd Floor, Tower-5, Magarpatta City, Hadapsar, Pune-411 013 Pan : Aaecs8099L ……प्रत्यथी / Respondent Assessee By : Shri Rajendra Agiwal Revenue By : Shri Anurag Srivastava

Section 251(1)(a) as amended w.e.f.01.06.2001. The Appellant prays that the order of the learned CIT(A) to the extent of remanding the matter be vacated and the direction should be granted to include the comparable on the basis of merits submitted before the learned CIT(A). The Appellant craves leave to add, alter, vary, omit, substitute or amend

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. SAS RESEARCH AND DEVELOPMENT PVT LTD,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 632/Pun/2017 धनधाारण वषा / Assessment Year : 2012-13 Sas Research & Development (India) Pvt. Ltd. Level 2A & Level 3, Tower-5, Cyber City, Magarpatta, Hadapsar, Pune-411 013 Pan : Aaecs8099L .......अपीलाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-6, Pune. ……प्रत्यथी / Respondent आयकर अपील सं. / Ita No. 619/Pun/2017 धनधाारण वषा / Assessment Year : 2012-13 The Deputy Commissioner Of Income Tax, Circle-6, Pune. .......अपीलाथी / Appellant बनाम / V/S. M/S. Sas Research & Development (India) Pvt. Ltd. 2Nd & 3Rd Floor, Tower-5, Magarpatta City, Hadapsar, Pune-411 013 Pan : Aaecs8099L ……प्रत्यथी / Respondent Assessee By : Shri Rajendra Agiwal Revenue By : Shri Anurag Srivastava

Section 251(1)(a) as amended w.e.f.01.06.2001. The Appellant prays that the order of the learned CIT(A) to the extent of remanding the matter be vacated and the direction should be granted to include the comparable on the basis of merits submitted before the learned CIT(A). The Appellant craves leave to add, alter, vary, omit, substitute or amend

SAS RESEARCH AND DEVELOPMENT (INDIA) P. LTD.,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,,

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1539/Pun/2014 यििाारण वषा / Assessment Year : 2009-10

Transfer Pricing Officer (TPO) for determining the arm's length price of international transactions undertaken by the assessee. The value of international transactions of provision of software development services to associated enterprises was ₹ 48,29,13,194/-. The assessee had applied TNNM method and the assessee was being remunerated at cost plus markup of 7.5% on such cost incurred

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SAS RESEARCH & DEVELOPMENT (INDIA) PVT. LTD.,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1539/Pun/2014 यििाारण वषा / Assessment Year : 2009-10

Transfer Pricing Officer (TPO) for determining the arm's length price of international transactions undertaken by the assessee. The value of international transactions of provision of software development services to associated enterprises was ₹ 48,29,13,194/-. The assessee had applied TNNM method and the assessee was being remunerated at cost plus markup of 7.5% on such cost incurred

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. KIMBERLY CLARK LEVER PVT. LTD.,, PUNE

In the result, appeal of assessee is allowed for statistical purposes and the appeal of Revenue is dismissed in the above terms

transfer pricing adjustment in respect of transaction of import of raw material of Rs.7,77,82,397/-, the objection raised before the DRP is that the TPO was not justified in using TNMM as most appropriate method for the purpose of benchmarking the transaction of import of raw materials as against CUP method used by the assessee. It was further