This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 143(3) : Assessment-Validity-Draft order wrongly titled as assessment order–Objection was not raised before DRP-Validity of assessment cannot be challenged. [S. 92CA, 144C]
Jaipur Rugs Co. P. Ltd. v. DCIT (2018) 64 ITR 128 / 193 TTJ 49 (UO)(Jaipur)(Trib.)
S. 115WB : Fringe benefits–Salary–Contribution to approved super annuation fund–Disallowance is held to be justified. [S. 15]
ACIT v. United India Insurance Co. Ltd. (2018) 67 ITR 191 /195 TTJ 65 (UO) (Chennai) (Trib.)
S. 92C : Transfer pricing-Arm’s Length Price—royalty for use of brand name— Adjustments held to be not justified.
Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)
S. 92C : Transfer pricing-Arm’s Length Price—AMP expenses incurred by MSIL could not be treated and categorized as international transaction- No adjustment can be made. [S. 92B]
Maruti Suzuki India Ltd. v. ACIT (2018) 191 TTJ 148 (Delhi)(Trib.)
S. 92C : Transfer Pricing—Arm’s length price—Purchases of cars by assessee from RNAIPL would not come within meaning of international transaction-Marketing expenses-No addition can be made. [S. 92B]
Renault India (P) Ltd. v. DCIT (2018) 193 TTJ 542 (Chennai)(Trib.)
S. 92C : Transfer pricing—adjustment—financial advisory solutions in the field of investment banking division–TNMM method entry level- Effective representation was not made before TPO or CIT(A) –Matter remanded to the AO / TPO.
Lehman Brothers Securities (P) Ltd v. DCIT (2018) 192 TTJ 58 (UO) (Mum.)(Trib.)
S. 92C : Transfer Pricing—Transport Segment-Import of raw materials and components-Import of finished goods-and Export of finished goods—Additional evidence was filed-Matter remanded.
Carrier Air-Conditioning & Refrigeration Ltd. v. ACIT (2018) 172 DTR 49 / 195 TTJ 777 (Delhi)(Trib.)
S. 92C : Transfer pricing—Comparables—Functionally indifferent companies cannot be selected as good comparable-Asset management company cannot be compared with market support services.
Philip Morris Services India S.A. v. ACIT (2018) 172 DTR 192 / 66 ITR 97 / (2019) 197 TTJ 128 (Delhi) (Trib.)
S. 92C : Transfer pricing–Arm’s length price–Notional interest– Loan to AE–Estimate of interest at 11% was held to be not valid when the assessee had charged the interest at 8%-Rule of consistency is followed–Bench mark transaction-Cup method–Adjustment made was deleted–Ad hoc method cannot be applied. [S. 92CA] .
DCIT v. Emami Limited. (2018) 171 DTR 361 / 196 TTJ 570 (Kol.)(Trib.)