VIACOM 18 MEDIA P.LTD,MUMBAI vs. ADDL CIT 11(1), MUMBAI

In the result, assessee‟s appeal for A

Bench: Shri C.N. Prasad & Shri S. Rifaur Rahman

Transfer Pricing Officer without proper FAR analysis, without applying any most appropriate method and without considering any comparable is not justified. In support of his submissions, the learned A.R. for the assessee placed reliance on the following decisions:– i) CIT v Lever India Exports Ltd ITA No 1306 of 2014, order dated 23.01.2017 (Bom); ii) CIT V Merck

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 6(3)(1), MUMBAI

pricing study as a comparable company in respect of the\nData Processing and Support Services Segment.\n• NIIT Smartserve Ltd.\n• KPIT Cummins Global Business Solutions Ltd.\n• Allsec Technologies Ltd\n• R-Systems International Ltd\nRejection of comparable for Data Processing & Support services segment:\n1.3.2 The learned AO/TPO under the directions of the Hon'ble DRP erred\non facts

PUBLICIS COMMUNICATIONS P.LTD,MUMBAI vs. DCIT CIR 7(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

transfer pricing adjustment of ₹3,15,47,177/- and disallowance of deprecation of goodwill of ₹11,73,198/- was made. Publics Communication Ltd,:A.Y.09-10, 10-11, 11-12, 12-13 ITA No.1994/M/2014, 7523/M/2016, 462/M/2018, 588/M/2017, CO 180/M/2019 012. The assessee is aggrieved with the above two disallowances/ additions. Further, the assessee was concerned with the short credit of TDS

PUBLICIS COMMUNICATIONS P. LTD,MUMBAI vs. DCIT CIR 7(3)(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

transfer pricing adjustment of ₹3,15,47,177/- and disallowance of deprecation of goodwill of ₹11,73,198/- was made. Publics Communication Ltd,:A.Y.09-10, 10-11, 11-12, 12-13 ITA No.1994/M/2014, 7523/M/2016, 462/M/2018, 588/M/2017, CO 180/M/2019 012. The assessee is aggrieved with the above two disallowances/ additions. Further, the assessee was concerned with the short credit of TDS

PUBLICS COMMUNICATIONS P.LTD,MUMBAI vs. DCIT CIR 6(1), MUMBAI

In the result, for assessment year 2012 – 13, appeal of the assessee is allowed for statistical purposes whereas the cross objection of the assessing officer is dismissed

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

transfer pricing adjustment of ₹3,15,47,177/- and disallowance of deprecation of goodwill of ₹11,73,198/- was made. Publics Communication Ltd,:A.Y.09-10, 10-11, 11-12, 12-13 ITA No.1994/M/2014, 7523/M/2016, 462/M/2018, 588/M/2017, CO 180/M/2019 012. The assessee is aggrieved with the above two disallowances/ additions. Further, the assessee was concerned with the short credit of TDS

SABMILLER INDIA LTD,MUMBAI vs. ASST CIT CIR 11(1)(2), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Deyand Shri N.K. Pradhan

Transfer Pricing Officer accepts that some services have been rendered, however, he has made a general observation that such services do not have any value and has proceeded to determine the arm's length price on a purely on ad–hoc basis. Whereas, the reading of the AAR ruling, referred to above, clearly demonstrate that highly specialized services, in fact

TATA CONSULTANCY SERVICES LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOMETAX 3(4), MUMBAI

transfer pricing adjustments, tax credit claims, provision of guarantees, brand royalty, state taxes paid overseas, TDS on software, brand building

JOHNSON AND JOHNSON PRIVATE LIMITED,MUMBAI vs. ADDITIONAL COMMISSIONER OF INCOME TAX-LTU-1, MUMBAI

In the result, appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwaljohnson & Johnson Pvt. Ltd. 501, Arena Space, Off Jvlr Opp. Majas Bus Depot ……………. Appellant Jogeshwari (East), Mumbai 400 060 Pan – Aaacj0866E V/S Addl. Commissioner Of Income Tax ……………. Respondent Ltu–1, Mumbai Assesseeby : Shri Rajan R. Vora A/W Shri Pranay Gandhi & Shri Harshvardhan Aggarwal Revenue By : Shri Jayant Kumar

Transfer Pricing adjustment in favour of the assessee on merit, there is no necessity to deal with grounds no.2 to 4. 17. In ground no.18, the assessee has raised the issue of short TDS

M/S. ESSAR SHIPPING LTD,MUMBAI vs. DCIT, CIRCLE 5(1)(1), MUMBAI

In the result, the appeal of the assessee is In the result, the appeal of the assessee is dismissed

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2021-22 M/S Essar Shipping Ltd., Dy. Cit, Circle 5(1)(1), 5Th Floor, Essar House, 11, Keshav Mumbai/Assessment Unit, Vs. Rao Khadye Marg, Mahalaxmi National Faceless Assessment Mumbai-400034. Centre, Room No. 568, Aayakar Bhavan, M.K. Road, Mumbai-400020. Pan No. Aacce 3707 D Appellant Respondent

transfer pricing adjustment proposed by the TPO, , issued a draft assessment order on 27.12.2023 assessment order on 27.12.2023, wherein he also proposed other wherein he also proposed other additions related to the corporate issues. The assessee filed related to the corporate issues. The assessee filed related to the corporate issues. The assessee filed objection before the said draft assessment order

DCIT 3(2)(1), MUMBAI vs. JABIL CIRCUIT INDIA P.LTD, MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri M. Balaganesh

Transfer Pricing Officer observed that the assessee could provide sample details along with third party break–up in relation to reimbursement amounting to ` 3,27,36,914. Further, he observed, in respect of reimbursement of salary cost, though, the assessee had provided TDS

EXXON MOBIL COMPANY INDIA P. LTD,MUMBAI vs. ADDL CIT CIR 3(1), MUMBAI

In the result, assessee’s appeal is partly allowed

Bench: Shri Saktijit Dey & Shri Ramit Kochar

Transfer Pricing Officer or by the DRP. After considering the submissions of the parties, we direct the Assessing Officer to consider assessee’s claim with regard to working capital adjustment & risk adjustment and decide the same after providing due opportunity of being heard. These grounds are partly allowed. 37. In ground no.3, the assessee has challenged the disallowance of entertainment

LANXESS INDIA P.LTD,THANE vs. DCIT CIR 1, THANE

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Kavitha Rajagopal () Assessment Year: 2011-12 Lanxess India Pvt. Ltd., Dy. Cit, Circle-1, Lanxess House, Plot No. Room No. 22, 6Th Floor, B A/162-164, Road No. 27, Vs. Wing Asher It Park, Road, Wagle Estate, Opp. Iti College, 16-Z, Wagle Industrial Midc, Thane (West)-400 604. Estate, Thane (West)-400604. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2011-12 Dy. Cit, Circle-1, Lanxess India Pvt. Ltd., Room No. 22, 6Th Floor, B Wing Lanxess House, Plot No. Asher It Park, Road, 16-Z, Vs. A/162-164, Road No. 27, Wagle Industrial Estate, Thane Wagle Estate, Opp. Iti (West)-400604. College, Midc, Thane (West)- 400 604. Pan No. Aaccb 3880 A Appellant Respondent

transfer pricing pricing pricing adjustment adjustment adjustment of of of Rs.292,07.863/ Rs.292,07.863/- should be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. 2. On the facts and circumstances of the case and in la 2. On the facts

DCIT CIR 1, THANE vs. LAXCESS INDIA P.LTD, THANE

In the result, the appeal of the assessee

Bench: Shri Om Prakash Kant () & Shri Kavitha Rajagopal () Assessment Year: 2011-12 Lanxess India Pvt. Ltd., Dy. Cit, Circle-1, Lanxess House, Plot No. Room No. 22, 6Th Floor, B A/162-164, Road No. 27, Vs. Wing Asher It Park, Road, Wagle Estate, Opp. Iti College, 16-Z, Wagle Industrial Midc, Thane (West)-400 604. Estate, Thane (West)-400604. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2011-12 Dy. Cit, Circle-1, Lanxess India Pvt. Ltd., Room No. 22, 6Th Floor, B Wing Lanxess House, Plot No. Asher It Park, Road, 16-Z, Vs. A/162-164, Road No. 27, Wagle Industrial Estate, Thane Wagle Estate, Opp. Iti (West)-400604. College, Midc, Thane (West)- 400 604. Pan No. Aaccb 3880 A Appellant Respondent

transfer pricing pricing pricing adjustment adjustment adjustment of of of Rs.292,07.863/ Rs.292,07.863/- should be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. The Appellant prays that the aforesaid additions be deleted. 2. On the facts and circumstances of the case and in la 2. On the facts

VODAFONE INDIA LTD,MUMBAI vs. ASST CIT 8(3)(2), MUMBAI

price at which these are transferred to the pre-paid distributors. No payment or credit was made by the Assessee to its pre-paid distributors. In fact, it was the pre-paid distributors who make a payment to the Assessee for transferring pre-paid talk time and connections and accordingly the discount extended was not income earned by the distributors

TATA CONSULTANCY SERVICES LTD,MUMBAI vs. ADDL CIT LTU -1, MUMBAI

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

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

TDS on the assessee as the assessee cannot be expected to deduct tax at source in respect of a transaction effected long time back anticipating such amendment. In this context, he relied upon the following decisions:– i) NGC Networks India Pvt. Ltd. v/s CIT, ITA no.397/2015 (Bom.); and ii) Channel Guide India Ltd., ITA no.1221/Mum./2006, dated 29.08.2012. 11. Further