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Documents citing Sony Ericsson Mobile Communication ... vs Commissioner Of Income Tax-Iii on 11 February, 2016

Cummins India Ltd.,, Pune vs Addl. Comm.Of Income-Tax, Pune on 21 August, 2017

Applying the said proposition laid down by the Hon'ble High Court of Delhi in Sony Ericsson Mobile Communications India Pvt. Ltd. Vs. CIT (supra), we hold that accepting the aggregation approach of the assessee of its transactions under the manufacturing activity, we hold that while applying TNNM method, the margins of assessee company are to be compared with the margins of external comparables. However, since the TPO had not verified this factum of comparison with external comparables, we direct the Assessing Officer / TPO to consider the case of assessee and determine the arm's length price and re-compute adjustment, if any, in the hands of assessee on account of international transactions. It may be pointed herein itself that the adjustments were made in the hands of assessee in HHP division and no adjustment was made in LHP division. Consequently, the grounds of appeal No.1.1, 2 and 3 are decided as indicated above.
Income Tax Appellate Tribunal - Pune Cites 15 - Cited by 2 - Full Document

Luxottica India Eyewear Pvt. Ltd., ... vs Acit, New Delhi on 26 May, 2017

But in so far as the facts for the extant year are concerned, it is 25 ITA Nos.1492/Del/2015, 1205/De/2016 344/Del/2017 & 1117/Del/2015 patent that the AMP function has been embedded by the TPO in the international transaction of purchase of Material from the AE and the transfer pricing adjustment has been made for such an international transaction alone, though by factoring in the effect of higher intensity AMP functions carried out by the assessee. Respectfully following the decision taken for the A.Y. 2009-10, we hold that, firstly, the RPM should be applied as the most appropriate method for determining the ALP of the international transaction of purchase of material from the AE, but, by carrying out the AMP intensity adjustment in the profit rate of comparables. If, however, it turns out that such an adjustment cannot be done due to one reason or the other, then the RPM should be discarded and another suitable method be adopted, which encompasses the effect of AMP intensity adjustment. Our view is fortified by the judgment in the case of Sony Ericsson (supra), in which it has been held in para 165 that : `Comparable analysis of the tested party and the comparable would include reference to AMP expenses. In case of a mismatch, adjustment could be made when the result would be reliable and accurate. Otherwise, RP Method should not be adopted'.
Income Tax Appellate Tribunal - Delhi Cites 7 - Cited by 1 - Full Document

Nikon India Pvt. Ltd., Gurgaon vs Assessee on 15 July, 2016

This view taken by the Special Bench of the Tribunal in the case of LG Electronics India Pvt. Ltd. vs. ACIT (2013) 152 TTJ (Del) 273 (SB) has been upheld by the Hon'ble Delhi High Court in the case of Sony Ericson Mobile Communications (India) Pvt. Ltd. vs. CIT (2015) 374 ITR 118 (Del. The contention of the ld. DR that SLP has been admitted against the exclusion of selling expenses from the ambit of AMP expenses in the case of Amadus India Ltd., does not alter the legal position prevailing as on today.
Income Tax Appellate Tribunal - Delhi Cites 18 - Cited by 0 - Full Document

Jindal Stainless Ltd., Hisar vs Dcit, New Delhi on 19 November, 2018

The next step is to ascertain the functions performed under the international transaction by the respective AEs. Thereafter, the comparables have to be selected by undertaking a comparability analysis. The comparability analysis should ensure that the functions performed by the comparables match with the functions being performed by the AE to whom payment is made for the services rendered. These aspects have been elucidated in detail in Sony India Ltd. (supra) by referring to the OECD Guidelines as well as United Nations Practical Manual of Transfer Pricing for Developing Countries.
Income Tax Appellate Tribunal - Delhi Cites 116 - Cited by 2 - Full Document

Perfetti Van Melle India Pvt. Ltd., ... vs Acit, Circle-3(1), Gurgaon on 22 September, 2021

56. Another reasoning given by the ld. TPO to justify that AMP expenditure and international transaction is that at least two brand developments as discussed by him in paragraphs 6.1 to 6.6. This issue has been discussed by the Hon'ble Jurisdictional High Court in detail in the case of Sony Ericsson Mobile Communication vs. CIT (supra) which for the sake of ready reference is reproduced hereunder: -
Income Tax Appellate Tribunal - Delhi Cites 94 - Cited by 6 - Full Document

Louis Vuitton India Retail Pvt. Ltd., ... vs Dcit, Gurgaon on 1 March, 2017

22. We have heard the rival submissions and perused the relevant material on record. We find that when the TPO held AMP expenses to be an international transaction, he did not have any occasion to consider the ratio laid down in several judgments of the Hon'ble jurisdictional High Court, which is now available for consideration. Respectfully following the predominant view taken in several Tribunal orders of co- ordinate benches, we are of the considered opinion that it would be in the fitness of things if the impugned order is set aside and the matter is restored to the file of TPO/AO for a fresh determination of the question as to whether there exists an international transaction of AMP expenses. If the existence of such an international transaction is not proved, the matter will end there and then, calling for no transfer pricing addition. If, on the other hand, the international transaction is found to be existing, then the TPO will determine the ALP of such an international transaction in the light of the relevant judgments of the Hon'ble High 23 ITA No.775/Mum/2015 Court, after allowing a reasonable opportunity of being heard to the assessee.
Income Tax Appellate Tribunal - Delhi Cites 18 - Cited by 0 - Full Document

Perfetti Van Melle India Pvt. Ltd., ... vs Dcit, Gurgaon on 24 May, 2017

In this regard, it is noted that there are at least three later judgments of the Hon'ble Delhi High Court, referred to above, viz., Rayban Sun Optics India Ltd. VS. CIT (dt. 14.9.2016), Pr. CIT VS. Toshiba India Pvt. Ltd. (dt. 16.8.2016) and Pr. CIT VS. Bose Corporation (India) Pvt. Ltd. (dt. 23.8.2016) in all of which similar issue has been restored for fresh determination in the light of the earlier judgment in Sony Ericsson Mobile Communications India Pvt. Ltd. (supra). The contention of the ld. AR, claiming departure from the earlier years on this score, is not tenable.
Income Tax Appellate Tribunal - Delhi Cites 10 - Cited by 0 - Full Document

Cummins India Ltd.,, vs Deputy Commissioner Of Income-Tax,, on 15 May, 2018

Applying the said proposition laid down by the Hon‟ble High Court of Delhi in Sony Ericsson Mobile Communications India Pvt. Ltd. Vs. CIT (supra), we hold that accepting the aggregation approach of the assessee of its transactions under the manufacturing activity, we hold that while applying TNNM method, the margins of assessee company are to be compared with the margins of external comparables. However, since the TPO had not verified this factum of comparison with external comparables, we direct the Assessing Officer / TPO to consider the case of assessee and determine the arm's length price and re-compute adjustment, if any, in the hands of assessee on account of international transactions. It may be pointed herein itself that the adjustments were made in the hands of assessee in HHP division and no adjustment was made in LHP division.
Income Tax Appellate Tribunal - Pune Cites 33 - Cited by 0 - Full Document

Dcit, Cir-1(1), Kolkata, Kolkata vs M/S Landis + Gyr Ltd., Kolkata on 13 September, 2017

A.Yr.2010-11 & 11-12 to benchmark the transactions independently, then bundled approach could be adopted. In the instant case, the assessee was able to prepare the segmental profitability statement for each of its segments and prove the ALP thereon with respect to its comparables. Hence we hold that the said approach should be adopted in the place of bundled approach adopted by the ld TPO / ld DRP. Accordingly, we hold that the reliance placed by the ld DR on the decision of Sony Ericsson supra does not advance the case of the revenue. In any case, the aggregation is to be done only for international transactions and not for domestic transactions as has been done in the instant case by the ld TPO. We find lot of force in the argument of the ld AR that the ld TPO had accepted Resale Price Method for purchase of finished goods (Trading segment) in Asst Year 2011-12 (which will be dealt separately in this order) and hence the same could not have been bundled. The total value of international transactions in three segments is only Rs 11.17 crores out of total turnover of the entire meter segment of Rs 194.07 crores which works out to only 5.75% and the remaining 94.25% represents domestic transactions. Hence the comparison based on aggregation of both domestic and international transactions would only project distorted figures and would result in absurdity. We also place reliance on the decision of the Hon'ble Bombay High Court in the case of Tara Jewels Exports Pvt Ltd reported in TS-481-HC-2015(BOM)-TP wherein it was held that international transactions only are to be considered for purpose of PLI computation. Similar decision was rendered by the Hon'ble Bombay High Court in yet another case of Syscom Corporation Ltd reported in TS-808-HC-2016(BOM)-TP wherein it was held that TP adjustment is to be restricted only to international transaction.
Income Tax Appellate Tribunal - Kolkata Cites 55 - Cited by 28 - Full Document
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