Bertelsmann Marketing Services India Pvt. Ltd, 215, Second Floor, Suneja Tower-II, District Centre, Janakpuri, New Delhi Vs. DCIT, Circle-4(2), New Delhi
November, 19th 2020
This is an appeal filed by Bertelsmann Marketing Services India Private Limited (The Assessee/ Appellant) against the order of the ld Deputy Commissioner Of Income Tax, Circle 4 (2), New Delhi (the learned AO) dated 9/10/2015 passed u/s 143 (3) read with Section 144C of The Income Tax Act, 1961 (The Act)dated 09/10/2015 for the Assessment Year 2010-11 determining the total income of the assessee at Rs Nil against the returned income at a loss of ₹ 7,323,902/– as per return of income filed on 29/11/2011. The returned income has one adjustment of Rs 195,70,892/– on account of the order of the learned Asst Commissioner Of Income Tax, Transfer Pricing Officer –I (1) (1), New Delhi [ The Ld TPO] passed u/s 92CA of the act on 7/1/2015 where the total adjustment was proposed at ₹ 21,113,342/– comprising of arm’s-length price of the ITeS services of ₹ 21,053,389 and another adjustment on account of outstanding receivable of ₹ 59,953/– which was subject to the direction of the Dispute Resolution Panel – 1, New Delhi (the learned DRP) dated 9/9/2015 after which the ALP of provision of ITeS services of ₹ 141,969, 072/– was determined at ₹ 135,208,614/– which resulted into an adjustment of Rs 1 95,10,939/– and interest on outstanding receivable was retained at ₹ 59,953/–. Thereby, assessee is aggrieved and has preferred this appeal.