...issue is involved in this case. The main issue which needs to be addressed is, whether the Transfer Pricing Regulations should be limited to cross-border transactions or whether the Transfer Pricing Regulations...examined by CBDT and it is of the view that amendments would be required to the provisions of the Act if such Transfer Pricing Regulations are required to be applied to domestic transactions between...parties. The assessing officer may thereafter apply any of the generally accepted methods of determination of arm's length price, including the methods provided under the Transfer Pricing Regulations...

...received at the rate of 4% was comparable with the export packing credit rate obtained from independent banks in India.7. The Transfer Pricing Officer (TPO, for short) in his report enumerated...Rs. 42,06,807/- by way of transfer pricing adjustment.9. The respondent assessee succeeded before the Tribunal who preferred to follow their earlier order dated 8 February, 2013 in ITA...assessee for the loans transactions with the AE was Arms Length Price. Hence, no transfer pricing adjustment is called for.”10. The aforesaid quotation refers to several decisions of the...

...India and United States which have implication on transfer pricing legislation. The said Treaty either advocates application of arm's length principle or provides a mechanism for avoiding double...concept of PE was introduced in the 1961 Act as part of the statutory provisions of transfer pricing by the Finance Act of 2001. In Section 92-F(iii) the word “enterprise” is defined to mean...its own employees to work in India in MSAS. Therefore, according to AAR the service agreement between MSCo and MSAS dated 14-4-2005 would fall under Article 5(2)(l) and consequently the transfer pricing regulation...

...section 119 of the Income-tax Act, 1961 to the extent it requires compulsory reference to the Transfer Pricing Officer to determine the arm's...1, 2002, section 92CA titled “Reference to Transfer Pricing Officer”. This provision enables the Assessing Officer (the AO), where he “considers it necessary or expedient so to do”, with the previous...approval of the Commissioner, to refer to the Transfer Pricing Officer (the TPO) the computation of the ALP in relation to an international transaction entered into by an assessee in any previous...

...(hereafter “AO”) in respect of the assessment years 2004-05 and 2005-06 respectively.2. The controversy involved in the present case relates to the transfer pricing adjustment (hereafter TP...; and payment of fees for technical know-how. As the international transactions were more than Rs. 5 crores in value, a reference was made to the Transfer Pricing Officer (hereafter “TPO”) for...determining of the arm's length price (hereafter “ALP”) under the provisions of section 92CA of the Act.3.2 The assessee submitted a transfer pricing report calculating the arm's length price by...

...its associated enterprises, the case was referred to the Transfer Pricing Officer ("TPO") under section 92CA of the Act.5. As far as the assessee was concerned, it declared the...international transactions were projected by the assessee as having been undertaken at the arm's length price ("ALP").6. The Transfer Pricing Officer, however, in his order dated January 29..., 2014 proposed an adjustment by way of addition of Rs. 1,57,54,943 to the income of the assessee. The Transfer Pricing Officer noted that the credit period for the debtors as mentioned in the sale...

...and in the circumstances of the case, the Tribunal was correct in holding that comparables selected by the Transfer Pricing Officer were not functionally comparable while determining the arm's length...common between the Revenue and the assessee. However, eight more comparables were relied upon by the Revenue. On the basis of the mean so determined, the Transfer Pricing Officer (TPO) concluded that...for the Subsequent assessment years, the Assessing Officer has found that the eight comparables selected by the Transfer Pricing Officer were not functionally comparable with the respondent for...

...the Transfer Pricing Officer on account of Advertising/Marketing and Promotion Expenses (‘AMP Expenses’ for short) was beyond jurisdiction and bad in law as no specific reference was made by the...Tax Act, 1961, a transfer pricing adjustment can be made by the Transfer Pricing Officer/Assessing Officer in respect of expenditure treated as AMP Expenses and if so in which circumstances...?4. If answer to question Nos. 2 and 3 is in favour of the Revenue, whether the Income Tax Appellate Tribunal was right in holding that transfer pricing adjustment in respect of AMP Expenses...

...) An order dated 31 October 2011 passed by the Additional Commissioner of Income-tax, Transfer Pricing Officer -1(5); (ii) A reference made on 9 October 2009 by the Assistant JPP Commissioner of Income...-tax to the Transfer Pricing Officer; and (iii) The approval granted by the Commissioner of Income-tax - VI.2. The Petitioner filed a return of income on 30 September 2008. Together with...letter to the Commissioner of Income-tax-VI, Mumbai seeking approval for a reference under Section 92CA(1) to the Transfer Pricing Officer for computation of the Arms Length Price in relation to 17...

...Rajiv Shakdher, J.:— In the captioned writ petitions, a challenge has been laid to the orders passed by the Transfer Pricing Officer (hereinafter referred to as “the TPO”) whereby he has...of the Transfer Pricing Officer which have been challenged in each of the writ petitions are as follows:(i) WP(C) No. 6974 of 2008: Impugned order dated August 22, 2008..., Additional Solicitor General. The challenge to the orders of the Transfer Pricing Officer which is mounted by the petitioners is common and it goes as follows:(a) that the Transfer...

..., the Income Tax Appellate Tribunal erred in deciding that the Transfer Pricing Officer (TPO) could not take cognizance suo moto of any international transaction for adjustment in the Arms Length Price...) read with Section 92E of the said Act. The Assessing Officer had referred the case of the assessee to the Transfer Pricing Officer (TPO), under the provisions of Section 92CA(1) of the said Act, after...taking the statutory approval from the Commissioner of Income Tax, Delhi-I, New Delhi on 23.10.2009 The Transfer Pricing Officer, by virtue of his order dated 23.10.2009, adjusted an amount of Rs...

...W.P (C) No. 14079 of 20091. The petitioner by means of this writ petition has challenged the order dated October 23, 2009, passed by the Transfer Pricing Officer (TPO) under...this order, the Assessing Officer has prepared a draft assessment order under section 144C of the Act proposing to incorporate in the assessment order the addition made by the Transfer Pricing Officer...confronted with the formula which is ultimately adopted by the Transfer Pricing Officer while fixing the ALP.3. In this behalf the submission of the petitioner is that though the peti...

...preceding assessment year, wherein there was a categorical finding by the Transfer Pricing Officer(TPO) that the average rate of royalty payment in the industry was 4.7%. Further, the contention of the...referred to the Transfer Pricing Officer(TPO)/ the first respondent passed an order dated 28.10.2011 under Section 92CA of the Income Tax Act, 1961. The Transfer Pricing Officer(TPO) has the power only to...determine the Arms Length Price in case of international transaction or specified domestic transaction. The order of the Transfer Pricing Officer(TPO) is not an assessment order but an intermediate...

...Transfer Pricing Officer under section 92CA of the Income-tax Act, 1961. Following a determination by the Transfer...the Transfer Pricing Officer in the return could be addressed to the Tribunal. We accordingly dispose of the petition by relegating the petitioner to the remedy of an appeal against the order of...Pricing Officer, the Assessing Officer issued a draft order to which the petitioner raised objections. The Dispute Resolution Panel issued directions under section 144C(5) by its impugned determination...

...company of the group is Stromboli Investments SAS. The assessee paid management service fee to its Associate Enterprise. The Transfer Pricing Officer acknowledged the services rendered by the Associate...Enterprise to the assessee-company. However, he did not approve the Transaction Net Margin Method as most appropriate method for the purpose of transfer pricing adjustment. The Transfer Pricing Officer...found that the volume and quality of service are disproportionate to the payment made by the assessee. The Transfer Pricing Officer further found that the management fee paid by the assessee...

...to the Transfer Pricing Officer under section 92CA of the said Act for determination of the arm's length price. At this juncture it would be relevant to note the provisions of section 92C, to the...respondent/assessee as well as by the Transfer Pricing Officer. The proviso to sub-section (2) of section 92c makes it clear that where more than one price is determined by employing the most...the computation of the arm's length price to the Transfer Pricing Officer. This is provided in section 92CA of the said Act which, to the extent relevant, reads as under:-“92CA. (1) Where...

...144C issued by The Dispute Resolution Panel-II. The assessee in this appeal has raised several grounds which relate to the transfer pricing adjustment made by AO as per direction of DRP, principle of...for computing transfer pricing adjustment was challenged. Thereafter the assessee again filed a letter dated 7.5.2012 raising another additional ground regarding computation of transfer pricing adjustment...respect to total purchases.3. Before we proceed to deal with the ground relating to the computation of transfer pricing adjustment, it will be appropriate to give a brief background...

...has made transfer pricing adjustment of Rs. 219,00,415/- and not restricted to Rs. 44,70,673/- as directed by the learned Dispute Resolution Panel as per the remand report of the TPO dated...entered into international transaction as per form number 3CEB; therefore, reference was made to the learned transfer- pricing officer to determine the arm's-length price.... 03. The learned transfer-pricing officer found that during the year the assessee has received a royalty income of ₹ 46,695,981/- from its associated enterprises from Vietnam. Assessee has benchmarked...

...justified in holding that while computing the arm's length price of international transactions the Assessing Officer or Transfer Pricing Officer is precluded from taking into consideration transactions with...cost plus method. The Transfer Pricing Officer (TPO) rejected the same and applied the transactional net margin method (TNMM).4. On application of transactional net margin method, the...Transfer Pricing Officer arrived at the rate of 4.79 per cent, being the margin by which the transaction value would have to be enhanced to determine the arm's length price. However the Transfer Pricing Officer...

... 2. We have heard both the sides and perused the relevant material on record. The demand in question has arisen on account of two additions, namely, transfer pricing adjustment of Rs...before the tribunal in so far as the transfer pricing addition is concerned and it was fairly admitted that the assessee was not pressing the other addition. As regards the demand arising on account of...account of transfer pricing addition has been stayed by the tribunal in earlier year. The facts and circumstances of the instant year have not been distinguished by the ld. DR on this score. In so far as...