Author: ksalegal

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Thiagarajar Mills (P) Ltd. v. JCIT (2020) 185 DTR 121 / 203 TTJ 367 (Chennai) (Trib.)

S. 124 : Jurisdiction of Assessing Officer-Jurisdiction of AO cannot be called in question by assessee after expiry of one month from date of which he was served with notice u/s. 142(1) or after completion of assessment, which was to be earlier. [S. 142(1)]

Eaton Industrial Systems Pvt. Ltd. v. Dy.CIT (2020) 185 DTR 41 / 203 TTJ 1 (Pune)(Trib.)

S. 92CA : Reference to transfer pricing officer–Additional grounds-Jurisdiction-Joint Commissioner–Joint Commissioner of Income-tax-Addl. CIT can act TPO. [S. 2(28C), 92CA(7), 116(cc), 116cca)]

Eaton Industrial Systems Pvt. Ltd. v. Dy.CIT (2020) 185 DTR 41 / 203 TTJ 1 (Pune) (Trib.)

S. 92C : Transfer pricing–Arm’s length price–No transfer pricing adjustment can be made on transactions with the non-AEs– Matter remanded.

Dy. CIT v. JSW Energy Ltd. (2020) 180 DTR 598 (Mum.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–LIBOR instead of LIBOR + credit spread on account of the risk profile of the borrower.

Bombay Rayon Holdings Ltd. v. ITO (2020) 186 DTR 19 / 203 TTJ 568 (Mum.) (Trib.)

S. 92C : Transfer pricing–Arm’s length price–Loan to AE-Interest should be charged at LIBOR+200 bps.

Yokogawa IA Technologies India P. Ltd v.Dy.CIT(2020) 180 ITD 621 (Bang.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–Comparable-Directed the TPO to compute margins by taking foreign exchange fluctuations gains/loss as part of operating income both in the case of the assessee and comparable companies.

Alan Dick & Co India (P) Ltd. v. JCIT (2020) 180 DTR 669 (Mum.) (Trib.)

S. 92C : Transfer pricing–Arm’s length price–Additional evidence was produced–Matter remanded. [S. 254(1)]

ACIT v. Nord Drive Systems Pvt. Ltd. (2020) 185 DTR 312 / 203 TTJ 266 (Pune)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–DRP was right in law in accepting the contention of assessee to grant custom duty adjustment, when the assessee has worked out the adjustment in its own hands while as per Rule 10B(1)(e)(iii), if any adjustment is to be made it should be made in the hands of comparable companies only.

Dy.CIT v. CarraroIndia Pvt. Ltd. (As a Successor of Turbo Gears India Pvt. Ltd.) (2020) 185 DTR 78 / 203 TTJ 623 (Pune)(Trib.)

S. 92C : transfer pricing–Arm’s length price–Professional fees-TNMM-CUP method–Matter remanded to the TPO.

Unitech Ltd. v. Dy.CIT (2020) 180 ITD 653 (Delhi)(Trib.)

S. 92B : Transfer pricing–Corporate guarantee-International transaction-Directed to take 1% as arm’s length price. [S. 92C]