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Principal Commissioner Of Income Tax -02 Versus Bombardier Transportation India Pvt. Ltd

2016 (9) TMI 306 - DELHI HIGH COURT

Transfer pricing adjustments - Benefit of 30% given in the profit margin of Titagarh Wagons Ltd. (TWL) for the "free of cost supplies" received by TWL from the Railways - Held that:- TPO has not taken into consideration the proper information related .....

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his finding also has directed Ld. TPO to take these aspects while allowing the said comparables. There is no doubt that these two companies are having the major role in supplying coaches to the Indian Railway and these are proper comparables if all t .....

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the arm's length margin as claimed by the Assessee. - ITA 391/2016 - Dated:- 27-7-2016 - S. MURALIDHAR & NAJMI WAZIRI JJ. Appellant Through: Mr. Dileep Shivpuri with Mr. Sanjay Kumar, Advocates. Respondent Through: Mr. Neeraj Jain with Mr. Aniket .....

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evenue under Section 260A of the Income Tax Act, 1961 ( Act ) is directed against the impugned order dated 4th November 2015 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No. 1626/Del/2015 for the Assessment Year 2010-11. 4. The short q .....

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t; received by TWL from the Railways. It is submitted that since the Assessee could not quantify the exact amount involved in the "free of cost supplies", then there was no basis for allowing the benefit of the 30% deduction. 5. The Court n .....

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ble publicly estimated the provision of free of cost wheel sets to be 30% of sales value following most conservative basis." In light of the above submission, the DRP ordered as under: "The TPO is therefore instructed to call for the inform .....

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ilable, the benefit of 30% of the cost should be given on account of "free of cost supplies" while calculating the margin of Titagarh Wagons Ltd., as has been done in the case of Texmaco by the TPO himself in the TP order." 6. The ITAT .....

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rh Wagons Ltd. as well as to Texmaco Ltd. and thus the said information is necessary to take into account the functions performed, assets employed and risks assumed ("FAR"). Ld. DRP in his finding also has directed Ld. TPO to take these asp .....

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