LEAR AUTOMOTIVE INDIA P. LTD. ,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

transfer pricing adjustment. The Ld. CIT(A) has\ncorrectly concluded that, in accordance with Rule 10AB, the assessee or the\ntransfer pricing officer is required to bring on record a comparable\nuncontrolled transaction to justify the applicability or reliability of the method\napplied.\"...\n7.3 In view of the above statutory provisions, we find the Ld. TPO has not\ncomplied with

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

Transfer pricing proceedings the dispute arose regarding allocation of-Unallocated cost- amongst various segments. a) In TPSR. the Assessee used sales ratio b) When TPO showed disagreement with (a) above, the assessee revised its PLI computation by allocating such cost on man-hour basis c) However, in TP Order, the TPO disagreed with the method

GALLAGHER SERVICE CENTER LLP (FORMERLY KNOWN AS GALLAGHER OPERATIONS SUPPORT SERVICES P LTD),PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, NFAC,, DELHI

In the result, the Ground Number 6 is Partly Allowed for Statistical purpose

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.679/Pun/2022 िनधा"रण वष" / Assessment Year : 2018-19 Gallagher Services Center V Additional/Joint Llp, S Commissioner Of Income 401, Delta 2, Gigaspace It Tax. Park, Vimannagar, Pune – 411014. Pan: Aaqfg7417F Appellant/ Assessee Respondent /Revenue Assessee By Shri M.P.Lohia – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 23/01/2025 Date Of Pronouncement 24/03/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Assessment Order Of Passed Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961; Dated 15.07.2022 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal : “Based On The Facts & Circumstances Of The Case, The Appellant Respectfully Craves Leave To Prefer An Appeal Under Section 253(1)(D)

method for deciding the Arm’s Length Price of the International Transaction. The Profit Level Indicator selected was operating profit upon operating cost. The TPO in the order has mentioned that the profit level indicator of the Assessee [OP/OC] was 13.3%. The Transfer Pricing Officer rejected the Transfer Pricing Study Report of the Assessee for the reasons discussed

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)

TP adjustments, if any, ought not be made to the deemed total income computation under section 115JB 6.1 The NFAC / Ld.AO has erred in law and on facts by carrying out the transfer pricing adjustment pertaining to interest paid to the computation of book profits under section 115JB of the Act. 6.2 Provisions of Chapter XIIB are independent and transfer

PRECISION CAMSHAFTS LIMITED,PUNE vs. DCIT CIRCLE 1, SOLAPUR

In the result, appeal of the assessee is partly allowed

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2744/Pun/2024 निर्धारण वषा / Assessment Year: 2021-22 Precision Camshafts Limited, V Assessment Unit, E-102/103, Akkalkot Road S Income Tax Department Midc, Solapur – 413006. (National Faceless Maharashtra. Assessment Center), Jurisdiction : Pne C(1), Range 63, Deputy Commissioner Of Income Tax („Dcit‟), Circle-1, Solapur. Pan: Aabcp1086B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak - Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 21/08/2025 Date Of Pronouncement 12/11/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By Assessee Against The Assessment Order Under Section 143(3) R.W.S 144C(13) Read With Section 144B Of The Act, 1961 Dated 24.10.2024 For A.Y.2021-22 Emanating From Dispute Resolution Panel‟S Order Passed Under Section 144C(5) Of

TP analysis conducted by the Appellant. 2. Corporate Guarantee as an international transaction On the facts and in the circumstances of the case and in law, while erred in arriving at arm’s length price of corporate guarantee provided by the Appellant, the Ld. AO/Ld. TPO has erred in the following - ignored the fact that the corporate guarantee provided

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. M/S. PIAGGIO VEHICLES PVT.LTD,, PUNE

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

transfer pricing adjustments in respect of export of spare parts and components/service and export of spare parts and components to Global Sourcing to AEs. The assessee has 7 ITA No. 867/PUN/2022 & ITA.No.589/PUN./2024 (M/s.Piaggio Vehicles Pvt. Ltd.) adopted external TNMM method in its TP

ASSISTANT COMMISSIONER OF INCOME TAX, PUNE vs. PIAGGIO VEHICLES PRIVATE LIMITED, BARAMATI

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

transfer pricing adjustments in respect of export of spare parts and components/service and export of spare parts and components to Global Sourcing to AEs. The assessee has 7 ITA No. 867/PUN/2022 & ITA.No.589/PUN./2024 (M/s.Piaggio Vehicles Pvt. Ltd.) adopted external TNMM method in its TP

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

Method\n(\"INMM\") as documented by the Appellant, in the Transfer Pricing\ndocumentation, wherein the payment of royalty was aggregated\nwith the manufacturing activity for determining the arm's length\nprice.\n3.2 The Ld. AD pursuant to the directions of the Hon'ble DRP erred\nin law and on the facts and in circumstances of the case in not\nfollowing

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

Method\n(\"INMM\") as documented by the Appellant, in the Transfer Pricing\ndocumentation, wherein the payment of royalty was aggregated\nwith the manufacturing activity for determining the arm's length\nprice.\n\n3.2 The Ld. AD pursuant to the directions of the Hon'ble DRP erred\nin law and on the facts and in circumstances of the case

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 pricing, etc.;\nMonitoring of worldwide tax rate and optimization of tax burden\nfor Semperit's local entities;\nCoordination on local tax compliance;\nTax compliance and monitoring of TP documentation\nEngineering\nand\nMaintenance\nAE assures a group-wide standard with main focus on:\ndesign and strategic planning of investment-projects of Group\ncompanies;\nsupport, installation and engineering on site

JADE GLOBAL SOFTWARE PRIVATE LIMITED,PUNE vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, PUNE

In the result, the Appeal of the Assessee is allowed for statistical purpose

Method\napplied by Assessee |\n| Software\nDevelopment\nServices |\nRs.87,20,22,767/- |\nTNMM |\n| Recovery of expen\nRemuneration\nDirector\nTotal |\n1,38,05,898/- |\n40,00,000/- |\n88,98,29,665/- |\nOther\nOther |\n\n2.2 The Transfer Pricing Officer (TPO) rejected assessee's Transfer Pricing Study report. While he accepted some comparables, he rejected certain other comparables and conducted fresh

CUMMINS GENERATOR TECHNOLOGIES INDIA PRIVATE LIMITED,PUNE vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NFAC AND THE ACIT, CIRCLE 1(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपीलसं. / Ita No.1641/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Cummins Generator V The Assessment Unit, Technologies India Pvt. Ltd., S Income Tax Department, Tower A, 6Th Floor, Cummins Nfac & The Acit, India Offie Campus, Balewadi, Circle-1(1), Pune. Pune – 411045. Pan: Aabcc1533E Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shir Prakash L Pathade – Cit(Dr) Date Of Hearing 05/12/2024 Date Of Pronouncement 19/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer Passed Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 Dated 07.06.2024; To Give Effect To The Order Of Dispute Resolution Panel Dated 18.05.2024. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. Ground For Not Following The Directions Of The Hon'Ble Dispute Resolution Panel (Hereinafter Referred To As "Drp")

Method.” Brief facts of the case : 2. Assessee company e-filed Return of Income for A.Y.2020-21 on 12.02.2021. The Assessee Company has entered into International Transactions for which reference was made to the 2 Transfer Pricing Officer to determine the Arms Length Price(ALP) of International Transactions. The Transfer Pricing Officer(TPO), Deputy Commissioner of Income Tax(TP

PRODAIR AIR PRODUCTS INDIA PRIVATE LIMITED, PUNE,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the Assessee is Dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.495/Pun/2022 िनधा"रण वष" / Assessment Year : 2018-19 Prodair Air Products India The Assistant Private Limited, V Commissioner Of 602 Pentagon 5, Magarpatta S Income Tax, Circle-4, City, Hadapsar, Pune – 411013. Pune. Pan: Aafcp0045E Appellant/ Assessee Respondent /Revenue Assessee By Shri Chandni Shah & Ridhi Maru – Ar Revenue By Shri Subhakant Sahu – Irs, Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 14/12/2023

TP adjustment ought to be deleted.” Submission of Ld. AR : 3. Ld.Authorised Representative(AR) for the assessee filed paper book. Ld.AR explained that the Assessee is a 100% subsidiary of Air Products and Chemicals Inc USA. Assessee is mainly engaged in manufacturing and sale of gases. Ld.AR invited our attention to the Transfer Pricing Study Report (page

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

Method 8. Reimbursement of expenses 1,60,81,730 CUP TNMM 9. Subscription of shares of step down 95,050 subsidiary 3. The assessee company sought to justify the consideration received for the above international transactions entered with its AE to be at arm‟s length price (ALP). The assessee company also submitted Transfer Pricing (TP

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

Method 8. Reimbursement of expenses 1,60,81,730 CUP TNMM 9. Subscription of shares of step down 95,050 subsidiary 3. The assessee company sought to justify the consideration received for the above international transactions entered with its AE to be at arm‟s length price (ALP). The assessee company also submitted Transfer Pricing (TP

SPECTRAFORCE TECHNOLOGIES (INDIA) PRIVATE LIMITED,PUNE vs. ACIT, CIRCLE 5, PUNE, PUNE

In the result, appeal of the assessee is partly allowed for statistical purposes as per terms indicated hereinabove

Bench: Dr.Manish Borad & Ms. Astha Chandra

Transfer Pricing guidelines providing potential comparables returning abnormally large profits related toother potential comparables are required to be investigated whether or not it can be considered a comparable. 7.2 The Appellant has preferred an appeal to the Hon’ble ITAT against the addition carried out by the Ld. AO and confirmed by the DRPand raised grounds. In specific, the Appellant

M/S VODAFONE GLOBAL SERVICES P LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1),, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.660/Pun/2022 Assessment Year : 2018-19

TP') Assessment proceedings. 10. The Assessee submits that the variation/reduction of 3 percent to be allowed while determining the arm's length price as envisaged under the proviso to Section 92C(2) of the Act. C. Initiation of penalty proceedings under section 270(A) of the Act. 11. Initiating the penalty proceedings under section

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHAPUR vs. UNDERCARRIAGE AND TRACTOR PARTS PRIVATE LIMITED, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

Bench: Shri R.K. Panda & Ms. Astha Chandra

Transfer pricing study report shows that the appellant has adopted CUP as most appropriate method for all the transactions with the AEs. Following are the details given by the appellant in its TP