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ASSISTANT COMMISSIONER OF INCOME TAX & ANR. VS BCEOM (INDIA) P. LTD. & ANR.
DELHI TRIBUNAL, Apr 22, 2019

Attempt should always be made to determine the arm's-length price of controlled transaction by comparing the same with internal uncontrolled transactions undertaken in...

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Assessee

ALMATIS ALUMINA PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
KOLKATA TRIBUNAL, Apr 16, 2019

“Tested party” would be the least complex of the transacting entities, i.e. the simpler entity in terms of intensity of functions performed and risks assumed;...

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Assessee

ANDRITZ HYDRO PRIVATE LIMITED VS DEPUTY COMMISSIONER OF INCOME TAX
INDORE TRIBUNAL, Apr 16, 2019

While computing ALP, individual project margins of transaction with AE cannot be compared with aggregate margins earned from transactions with non-AE.

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Assessee(Partly)

VALUE LABS TECHNOLOGIES VS INCOME TAX OFFICER
HYDERABAD TRIBUNAL, Apr 05, 2019

For purpose of computation of deduction u/s 10AA, if any expenditure is excluded from export turnover, then same should also be excluded from total turnover.

Subject : Exemption
Legislation Referred To : Section 10AA, 92(3), 92B
In Favour Of : Assessee(Partly)

B.G. EXPLORATION & PRODUCTION INDIA LTD. VS DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)
DELHI TRIBUNAL, Apr 03, 2019

No addition can be made on account on issues of branch office expenditure cost incurred on non-producing PSC, head office expenditure, inventory written off and depreciation.

Subject : Transfer Pricing
Legislation Referred To : Section 37(1), 40(a)(ia), 42(1), 92C, 234B, 234C and 234D
In Favour Of : Assessee(Partly)

ASSISTANT COMMISSIONER OF INCOME TAX VS EMAMI LIMITED
KOLKATA TRIBUNAL, Apr 03, 2019

Factual matters which permeate through more than one assessment year, if the Revenue has accepted a particular's view or proposition in the past, it is not open for the...

Subject : Transfer Pricing
Legislation Referred To : Section 92B and Rule 10AB of Income Tax Rules
In Favour Of : Assessee

JOINT COMMISSIONER OF INCOME TAX & ANR. VS DAIKIN AIRCONDITIONING INDIA PVT. LTD. & ANR.
DELHI TRIBUNAL, Apr 02, 2019

Assessee is entitled to depreciation on intellectual property rights owned and used by it in its business.

Subject : Depreciation
Legislation Referred To : Section 32(1)(ii)
In Favour Of : Assessee(Partly)

HARSCO INDIA SERVICES PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
HYDERABAD TRIBUNAL, Mar 29, 2019

Huge turnover companies could not be considered as comparable to smaller companies.

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Assessee(Partly)

DONGFANG ELECTRIC (INDIA) PRIVATE LIMITED VS DEPTUY COMMISSIONER OF INCOME TAX
KOLKATA TRIBUNAL, Mar 27, 2019

This appeal filed by the assessee is directed against the order of ld. Deputy Commissioner of Income Tax, Circle-14(1), Kolkata (Assessing Officer) dated 18.09.2017 passed...

Legislation Referred To : Section 92CA(3)
In Favour Of : Assessee (Partly)

TIME GLOBAL BROADCASTING COMPANY LTD. VS UNION OF INDIA & ORS.
HIGH COURT OF BOMBAY, Mar 15, 2019

Sub-section (2A) and (2B) of s. 92C could not be applied to empower TPO to examine any specified domestic transaction not referred to him by AO under sub-section (1).

Subject : Transfer Pricing
Legislation Referred To : Section 92CA(1)
In Favour Of : Assessee (partly)

DOW CHEMICAL INTERNATIONAL PRIVATE LIMITED & ANR. VS DEPUTY COMMISSIONER OF INCOME TAX & ANR.
BOMBAY TRIBUNAL, Mar 11, 2019

ALP of international transactions should be determined by adopting any of 5 prescribed methods, being MAM having regard to nature/class of transactions or class of AEs or...

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Matter Remanded

ASSISTANT COMMISSIONER OF INCOME TAX & ANR. VS COMVERSE KENAN INDIA PVT. LTD. & ANR.
DELHI TRIBUNAL, Mar 11, 2019

Segmental reporting of a company having income from different services is a must to justify the inclusion of the same as a comparable.

Subject : Transfer Pricing
Legislation Referred To : Section 92CA(3)
In Favour Of : Assessee

SANDVIK ASIA PVT. LTD. & ORS. VS ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
PUNE TRIBUNAL, Mar 08, 2019

Transfer pricing adjustment on account of management services fee is not sustainable where the assessee has established the factum of receipt of management services in...

Subject : Transfer Pricing
Legislation Referred To : Section 40(a)(ia), 92CA(1), 195, 201(1)
In Favour Of : Assessee

SONY MOBILE COMMUNICATION INDIA PVT. LTD. VS ADDITIONAL COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Mar 08, 2019

1. This appeal is filed by the assessee against the order of the learned Additional Commissioner Of Income Tax, special range - 8, New Delhi passed u/s 143(3) read with...

Legislation Referred To : Section 92CA(3)
In Favour Of : Assessee (Partly)

TECHNIP ITALY S.P.A. VS DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)
DELHI TRIBUNAL, Feb 28, 2019

As per Article 25 of India-Italy DTAA, an Italian national should not be subjected to in India to any taxation or any requirement connected therewith to which Indian...

Subject : Transfer Pricing applicability
Legislation Referred To : Section 45, 234B and Article 25 of India-Italy DTAA
In Favour Of : Assessee(Partly)

BAUSCH & LOMB INDIA PVT. LTD. VS DEPTUY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Feb 25, 2019

When Revenue fails to show existence of an international transaction involving AMP expenses between assessee and its AE, TP adjustment made on this count is not sustainable.

Subject : Transfer Pricing
Legislation Referred To : Section 92CA(1)
In Favour Of : Assessee

SONY MOBILE COMMUNICATION INDIA PRIVATE LIMITED (Now merged with M/s. SONY INDIA PVT. LTD.) VS ASSISTANT COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Feb 21, 2019

ALP adjustment of AMP expenses by applying BLT method on protective basis has no statutory mandate.

Subject : Transfer Pricing
Legislation Referred To : Section 92CA
In Favour Of : Assessee

TELSIMA COMMUNICATIONS PVT. LTD. VS DEPTUY COMMISSIONER OF INCOME TAX
BANGALORE TRIBUNAL, Feb 20, 2019

Functionally different companies cannot be good comparables.

Subject : Transfer Pricing
Legislation Referred To : Section 35, 40(a)(ia), 92CA
In Favour Of : Assessee(Partly)

PRINCIPAL COMMISSIONER OF INCOME TAX & ORS. VS BLUE SCOPE STEEL INDIA PVT. LTD. & ORS.
HIGH COURT OF DELHI, Feb 19, 2019

TPO could not sit in judgment on commercial decision taken by assessee in employing expatriates.

Subject : Transfer Pricing
Legislation Referred To : Section 260A
In Favour Of : Assessee

GLOBE GROUND INDIA PVT. LTD. VS DEPUTY COMMISSIONER OF INCOME TAX
DELHI TRIBUNAL, Feb 18, 2019

Function of operating an air cargo complex and the function of carrying on a support services for baggage and passenger handling at the airport are not comparable.

Subject : Transfer Pricing
Legislation Referred To : Section 143(3), 144C
In Favour Of : Assessee