Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Century Plyboards (I) Ltd. (2021) 187 ITD 35 (SN) 209 TTJ 273/ 203 DTR 229 (Kol.) (Trib.)

S. 115JB : Book profit-Disallowance made under section 14A cannot be considered while computing book profit under clause (f) of Explanation 1 to section 115JB. [S.14A]

Ocwen Financial Solutions Pvt. Ltd. v. ACIT (2021) 187 ITD 861 (Pune)(Trib.)

S. 92C : Transfer pricing-Arms’ length price-Comparable-leading company without segmental information cannot be accepted as a comparable.

Netscout Systems India Pvt. Ltd. v. Dy.CIT (2021) 187 ITD 773 (Pune)(Trib.)

S. 92C : Transfer pricing-Assessee engaged in software development services, comparable engaged in wide variety of services-Not comparable without segmental analysis. TPO bound by the directions of the DRP. [S. 92CA, 144C]

Henkel Chembond Surface Technologies Ltd. v. ACIT (2021) 187 ITD 406 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Management fee-TPO did not resort to transfer pricing exercise adjustment-Addition was to be deleted. [S. 92C(1)]

Deutche CIB Centre (P.) Ltd. v. ACIT (2021) 187 ITD 506 / 209 TTJ 137 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comaprable-Cannot be comparable with business support services-Functionally dissimilar cannot be comparable-Abnormal growth due to restricting cannot be cpmparable-Company had outsourced services to third party vendors cannot be held to be comparable.

Sigma Aldrich Chemicals Pvt. Ltd. v. Dy.CIT (2021) 187 ITD 374 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Capacity utilization adjustment-allowed as the assessee is in the initial years of operation-Matter remanded0 Treatment of depreciation as operating expense-Depreciation held as operating expense for R&D segment considering interlink with manufacturing segment.

Microsoft Corporation (India) (P.) Ltd. v. DCIT (2021) 187 ITD 94 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Functionally similar it could not be excluded-TPO applied RPT filter of 25 per cent in case of assessee company, comparable company having RPT of more than 50 per cent could not be accepted as valid comparable-Working capital adjustment is allowed.

Goodyear South Asia Tyres (P.) Ltd. v. ACIT (2021) 187 ITD 72 / 214 TTJ 299 (Pune)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Cup method-e-mails correspondence is considered as evidence.

RFS India Telecom (P.) Ltd. v. ACIT (2021) 187 ITD 254 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Resale price method-Trading of telecom network equipments-Selling without any value addition-TPO applied TNM method-Order of TPO was set aside.

Microsoft Corporation (India) Pvt. Ltd. v. Dy.CIT (2021) 187 ITD 94 (Delhi)(Trib.)

S. 92C : Transfer Pricing-if a company was otherwise functionally similar-it could not be excluded only on ground of having a different financial year ending.