TaxTMI 
TaxTMI 
TaxTMI 
2023 (4) TMI 522
X X X X Extracts X X X X
X X X X Extracts X X X X
....). 2. In ground No.1, the assessee has challenged the validity of the assessment order being passed in the name of a nonexistent entity. However, at the time of hearing, on instructions, Ld. Counsel did not press the ground and submitted for arguing the issue on merits. 3. Keeping in view of the aforementioned submission of learned Counsel, we dismiss ground No. 1 as not pressed. 4. In ground No.2 to 4, the assessee has challenged the decision of the departmental authorities in determining the value of the international transaction relating to management services availed from the associated enterprises at Nil. 5. Briefly the facts relating to the issue in dispute are, the assessee is a resident corporate entity engaged in the business a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....me of the assessee. While framing the draft assessment order, the Assessing Officer added back the amount to the income of the assessee. Challenging the addition, the assessee raised objections before learned DRP. However, Learned DRP referring to similar adjustment made in assessment year 2011-12, ultimately, upheld the decision of the TPO. 6. Before us, learned Counsel appearing for the assessee submitted, the issue is squarely covered by the decision of the Tribunal in assessee's case in assessment year 2007-08, 2009- 10, 2010-11, 2011-12 and 2012-13. He submitted, though Ld. DRP has accepted that the assessee has received management services from the AE however it has upheld the adjustment by merely saying that no benefit has accrued t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ue- added solutions; in charge of customer systems and back office applications; responsible for developing, managing and maintaining such systems. - Global Infrastructure - design, build and run platforms that hosts applications, responsible for the architecture and application portfolio for all global and local applications * Global Service Management 86 Governance - overhead department, Including the call center support to CEVA affiliates worldwide * Global IT - acting link between global demand (business need) and demand (global IT organization) Business Development * Global Sector Leaders for Automotive, Industrial, Consumer & Retail, Energy, Technology focus sectors * Global Key Account Managers for Century accounts Finance * D....
X X X X Extracts X X X X
X X X X Extracts X X X X
....benefits, executive recruitment, labour issue advice, support for expatriate assignments, HR information systems, etc Global Commumcation * Media relations * Investor relations * Global branding * Internal communication * External communication through website 9. It is further relevant to observe, this is not the first year wherein the assessee received such services and made payment to the AE. The TPO himself has referred to similar nature of transaction made in assessment years 2012-13, 2013-14 and 2014-15. Thus, the assessee has made payment towards identical nature of transaction in various assessment years including assessment year 2011-12. In fact, Ld. DRP has referred to similar transaction in assessment year 2011-12. Notably,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed which is supported by the evidences, the TPO is not correct in holding that arms length value of the management fee is Nil and accordingly making an upward adjustment. Therefore, the finding of the TPO is not correct and this addition does not sustain. Ground No. I is allowed. 10. Facts being identical in the impugned assessment year, the aforesaid decision of the coordinate Bench will squarely apply. 11. In any case of the matter, while the TPO has observed that the assessee failed to demonstrate that services were actually received and benefit has accrued, learned DRP has acknowledged that voluminous documentary evidences were filed before the TPO as well as before the Panel including invoices to demonstrate that the assessee, indee....