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Showing 41 to 60 of 167 Records Search Text: yum restaurants india |
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2016 (7) TMI 1053 - ITAT DELHI Transfer pricing adjustment - AMP expenses - selling expenses - Held that:- 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,... ... ...
2008 (12) TMI 240 - ITAT DELHI-A Member(s) : I. P. BANSAL., R. C. SHARMA.
ORDER-BY THE BENCH:
These are cross-appeals directed against the order of CIT(A), dt.30th Sept., 1997for asst. yr. 1993-94. Assessee's grounds of appeal read as under:
"1. That the learned CIT(A) grossly erred in law in not holding the assessment order as barred by limitations in view of s. 142(2A) r/w s. 153 of the IT Act, 1961.
2. That under the facts and circumstances of the case, the lower authorities grossly erred in law as well as on mer... ... ...
2018 (4) TMI 394 - ITAT DELHI Addition on account of transfer pricing adjustment in the international transaction of ‘Provision of marketing support services’ - comparability analysis - transaction between a head office in a foreign country and its branch office in India - principle of mutuality - Held that:- If transactions between the foreign head office and the Indian branch office are not at ALP, it is certainly going to affect the income of the non-resident assessee chargeable to tax in India, which definitely requires ... ... ...
2016 (5) TMI 72 - ITAT MUMBAI Transfer pricing adjustment - sharing AMP expenses - Held that:- The fact-that the license agreements between the assessee and its AE. s were on principal to principal basis for payment of royalty for use of brands of the AE's was not challenged by the TPO. In our, opinion, observation of the DRP that royalty payment was not a relevant point to decide the issue is not proper. Because, royalty payment is one of the criterias to hold that the assessee is an independent unit. It is also not denied ... ... ...
2015 (1) TMI 1127 - DELHI HIGH COURT Denial of the benefits of the “Served from India Scheme”, as framed under the foreign trade policy - whether the petitioners could be denied the benefit of the SFIS only on the ground that they were subsidiaries of foreign companies. And, whether it was open for DGFT to interpret the foreign trade policy to exclude the petitioners from the benefit of the SFIS - Held that:- , it cannot be disputed that DGFT is empowered to interpret the foreign trade policy, such powers can be exercised only when... ... ...
2019 (10) TMI 1243 - ITAT KOLKATA TP Adjustment - arm s length price adjustment in respect of assessee s payments of account management charges made to overseas associated enterprises - HELD THAT:- We are of the view taking into cognizance the business model of the assessee along with the functions undertaken and risks assumed by the assessee and its subsidiaries, the facts and written submission made during the course of the proceedings for both the AYs 2005-06 2006-07, that the TPO totally erred in making transfer pricing adju... ... ...
2018 (5) TMI 1790 - ITAT MUMBAI Remission/ cessation of sales tax liability u/s 41(1) - Held that:- Disallowance made by AO u/s 41(1) representing gain on repayment of deferral Sales Tax Liability stood covered in assessee’s favor in assessee’s own case for AY 2003-04 by the order of Hon’ble Bombay High Court [2014 (12) TMI 846 - BOMBAY HIGH COURT] - Decided against revenue TP adjustment against Advertising, Marketing & Sales Promotion Expenses [AMP] - Held that:- In the absence of agreement between the assessee and its AE obl... ... ...
2017 (7) TMI 1004 - ITAT DELHI AMP expenditure treated as international transaction Coming to the case at hand - Held that:- We are of the considered view that when the TPO has determined the AMP expenses to be international transaction, he had no occasion to follow the ratio of the judgments in Rayban Sun Optics India Ltd. vs. CIT [2016 (9) TMI 1293 - DELHI HIGH COURT], Pr. CIT vs. Toshiba India Pvt. Ltd. [2016 (8) TMI 1175 - DELHI HIGH COURT] and Pr. CIT vs. Bose Corporation (India) Pvt. Ltd. (2016 (8) TMI 1177 - DELHI HIGH... ... ...
2017 (7) TMI 949 - ITAT DELHI TPA - TPO has determined the AMP expenses to be international transaction - Held that:- We are of the considered view that when the TPO has determined the AMP expenses to be international transaction, he had no occasion to follow the ratio of the judgments in Rayban Sun Optics India Ltd. vs. CIT [2016 (9) TMI 1293 - DELHI HIGH COURT], Pr. CIT vs. Toshiba India Pvt. Ltd. [2016 (8) TMI 1175 - DELHI HIGH COURT] and Pr. CIT vs. Bose Corporation (India) Pvt. Ltd. (2016 (8) TMI 1177 - DELHI HIGH COURT... ... ...
2016 (3) TMI 959 - ITAT BANGALORE Transfer pricing adjustment - determination of ALP - treatment to transaction of expenditure on AMP as a separate transaction - Held that:- TP adjustment can be made by deducing from the difference between AMP expenditure incurred by assessee-company and AMP expenditure of comparable entity, if there is no explicit arrangement between the assessee-company and its foreign AE for incurring such expenditure. The fact that the benefit of such AMP expenditure would also enure to its foreign AE is not... ... ...
2014 (12) TMI 1212 - ITAT MUMBAI Transfer pricing adjustment - choice of comparable - Held that:- M/s. Artefact Projects Ltd. company is having a very high percentage of related party transaction, it cannot be considered as a comparable. We accept the contention of the Ld. Counsel and direct for the exclusion of this company from the final list of comparables. M/s.NTPC Electric Supply Ltd is a Government of India enterprise and is involved in enhancing and bringing sectoral reforms process and has been participating in various ... ... ...
2023 (1) TMI 315 - ITAT PUNE TP adjustment - benchmarking of international transaction of import of raw materials - deemed international transaction i.e. third party vendors - objection raised before the DRP is that the TPO was not justified in using TNMM as most appropriate method for the purpose of benchmarking the transaction of import of raw materials as against CUP method used by the assessee - HELD THAT:- We find that the contention of assessee that the third party vendors are not the AEs of the appellant remained un-... ... ...
2023 (1) TMI 262 - ITAT PUNE TP Adjustment - upward adjustment on account of A M expenditure - international transaction - TPO as well as the Hon ble DRP inferred the existence of international transactions on noticing that the appellant had incurred excess expenditure on A M expenses as compared to the expenses incurred by the comparables chosen by the TPO and then proceeded to make adjustments of difference in order to determine the value of such A M expenses incurred by the AE - HELD THAT:- Respectfully following the dec... ... ...
2022 (7) TMI 1366 - ITAT PUNE TP Adjustment - upward adjustment on account of A M expenditure - HELD THAT:- We make it clear that we are conscious of the fact that in the final assessment order passed by the AO, no addition on account of A M expenditure was made, as this addition was subsumed in the addition made on account of international transaction of import of raw materials. Therefore, the findings on A M expenditure shall become academic, in view of the addition made by TPO / AO on account of TP adjustment in respect o... ... ...
2022 (10) TMI 272 - ITAT PUNE TP Adjustment - excessive AMP expenses - whether an international transaction or not? - as per assessee existence of international transaction cannot be inferred by the T.P.O in the absence of any actual transaction and the presumption by the lower authorities that the benefit had enured to its foreign AE is merely based on the conjectures - HELD THAT:- In the absence of any agreement between the assessee and its foreign AE to incur any A M expenses to the benefit of its foreign AE, the presumpt... ... ...
2021 (7) TMI 870 - ITAT JAIPUR Levy of penalty u/s 271(1)(c) - Defective notice - non specification of charge - Notice as barred by limitation u/s 275 - whether AO has erred in imposing penalty under section 271(1)(c) without specifically pointing out in the show cause notice, whether the penalty was proposed on concealment of particulars of income or for furnishing inaccurate particulars of income - HELD THAT:- In the instant case, the ld CIT(A) has passed the order on 19.09.2011 and the penalty order has thereafter been pas... ... ...
2021 (3) TMI 71 - ITAT PUNE TDS u/s 194J - A M expenses - Non deduction of TDS - whether the impugned expense falls within the meaning of managerial services thereby attracting the provisions of section 194J ? - HELD THAT:- This expenditure was incurred on running of various trade promotion schemes which is designed and controlled by the appellant company. However, these schemes were administered through the selling and distribution network of the HUL. The claims made for selling and distribution network of sub-distributor... ... ...
2020 (8) TMI 173 - ITAT MUMBAI Disallowance u/s 14A r.w.r 8D - HELD THAT:- As the investments from which the tax-free income is earned were made from the appellant s own surplus funds/accumulated profits, following the decision RELIANCE UTILITIES POWER LTD. [ 2009 (1) TMI 4 - BOMBAY HIGH COURT] AND HDFC BANK LTD. [ 2016 (3) TMI 755 - BOMBAY HIGH COURT] we delete the disallowance made under Rule 8D(2)(ii). Disallowance under Rule 8D(2)(iii) - In the instant case, the appellant has not maintained separate books of accounts in r... ... ...
2019 (10) TMI 1581 - ITAT DELHI TP Adjustment - comparable selection - HELD THAT:- Companies rejected as functionally dissimilar with that of assessee providing marketing support services. Addition on account of unbilled revenue written off and security written off - as per AO assessee could not explain properly as to whether the amount actually booked as revenue from M/s Rolls Royce International Ltd. during F.Y. 2011-12 includes the sum booked as unbilled revenue during F.Y. 2010-11 - HELD THAT:- As it is the submission of a... ... ...
2019 (5) TMI 533 - ITAT BANGALORE TP adjustments in respect of sale of finished goods and AMP activity - selection of MAM - assessee selected TNMM as the MAM for determination of the ALP of the international transactions with its AEs - issued a show cause notice to the assessee proposing to substitute CPM as the MAM in place of TNMM adopted by the assessee - HELD THAT:- TPO has accepted the fact that in respect of sale of products in India, the assessee has undertaken marketing, selling and administrative functions and the asses... ... ...
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