Avenue Asia Advisors Pvt. Ltd. v. DCIT

398 ITR 120High Court2017#1358 most cited

What is Avenue Asia Advisors Pvt. Ltd. v. DCIT authority for?

The Delhi High Court holds that a detailed functional and working capital analysis, considering various factors, is essential before treating outstanding receivables as a separate international transaction for transfer pricing adjustments on notional interest. Simply making an adjustment based on receivables alone without such study distorts the transaction's character.

84

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2025.

Also referred to as

Avenue Asia Advisors Pvt. Ltd. v. DCIT · 398 ITR 120 · Section 92B · Section 92CA · transfer pricing adjustment · interest on outstanding receivables · international transaction · working capital adjustment · functional analysis · comparable companies · Kusum Healthcare · TP adjustment on receivables

Sections most often in play

Section 143(3)Section 144C(13)Section 92BSection 144BSection 115JBSection 92CASection 10DSection 14A

Issues it is cited on

interest on outstanding receivablessection 92b(1)captive service providerworking capital adjustmentsection 92bmultiple year datarelated party transactionfunctional analysiscomparable companiestransfer pricing ordertransactional net margin methodassociated enterprises

Judgments citing Avenue Asia Advisors Pvt. Ltd. v. DCIT

M/S Carrier Air-Conditioning & Refrigeration Ltd., Gurgaon vs. ACIT, Gurgaon

In the result, the appeal is allowed for statistical purposes

ITA 2140/DEL/2016[2011-12]Status: DisposedITAT Delhi13 Jul 2018AY 2011-12

Bench: Shri R.S. Syal & Smt. Beena A. Pillaiassessment Year : 2005-06 Assessment Year : 2009-10 Assessment Year 2010-11 Assessment Year 2011-12 Assessment Year 2013-14

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Sanjay I Bara, CIT, DR

…supplies made to an AE, the arrangement reflected an international transaction intended to benefit the AE in some way. Similar matter once again came up for consideration before the Hon’ble Delhi High Court in Avenue Asia Advisors Pvt. Ltd. vs. DCIT (2017) 398 ITR 120 (Del). Following the earlier decision in Kusum Healthcare (supra), it was observed that there are several factors which need to be considered before holding that every receivable is an international transaction and it requires an assessment on the working capital of the assessee. Applying the decision in Kusum Health Care (supra), the Hon’ble H…

Inductis India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal filed by assessee stands partly allowed

ITA 1438/DEL/2016[2011-12]Status: DisposedITAT Delhi13 Jul 2018AY 2011-12

Bench: Shri P.M.Jagtap & Smt. Beena A Pillaiay: 2011-12 Inductis India Pvt.Ltd. Vs. Dy.Cit, Circle 12(1) 414, 4Th Floor, Dlf Jasola New Delhi Tower B Plot No. 10 & 11, Dda District Centre, Jasola New Delhi 110 044 Pan: Aaac18497C (Appellant) (Respondent) Assessee By : Sh. Vishal Kalra, Adv. Sh. S.S.Tomar, Adv. Department By : Sh. Hk Chaudhary, Cit-Dr Date Of Hearing : 18.04.2018 Date Of Pronouncement: 13.07.2018

For Appellant: Sh. Vishal Kalra, AdvFor Respondent: Sh. HK Chaudhary, CIT-DR
Section 143Section 92D

…he supplies made to an AE, the arrangement reflected an international transaction intended to benefit the AE in some way. Similar matter once again came up for consideration before the Hon’ble Delhi High Court in Avenue Asia Advisors Pvt. Ltd. vs. DCIT (2017) 398 ITR 120 (Del). Following the earlier decision in Kusum Healthcare (supra), it was observed that there are several factors which need to be considered before holding that every receivable is an international transaction and it requires an assessment on the working capital of the assessee. Applying the decision in Kusum Health Care (supra), the Hon’ble Hig…

M/S. Carrier Air- Conditioning & Refrigeration Ltd., Gurgaon vs. DCIT, Gurgaon

In the result, the appeal is allowed for statistical purposes

ITA 728/DEL/2015[2010-11]Status: DisposedITAT Delhi13 Jul 2018AY 2010-11

Bench: Shri R.S. Syal & Smt. Beena A. Pillaiassessment Year : 2005-06 Assessment Year : 2009-10 Assessment Year 2010-11 Assessment Year 2011-12 Assessment Year 2013-14

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Sanjay I Bara, CIT, DR

…supplies made to an AE, the arrangement reflected an international transaction intended to benefit the AE in some way. Similar matter once again came up for consideration before the Hon’ble Delhi High Court in Avenue Asia Advisors Pvt. Ltd. vs. DCIT (2017) 398 ITR 120 (Del). Following the earlier decision in Kusum Healthcare (supra), it was observed that there are several factors which need to be considered before holding that every receivable is an international transaction and it requires an assessment on the working capital of the assessee. Applying the decision in Kusum Health Care (supra), the Hon’ble H…

M/S. Carrier Air- Conditioning & Refrigeration Ltd., Gurgaon vs. ACIT, Gurgaon

In the result, the appeal is allowed for statistical purposes

ITA 1126/DEL/2014[2009-10]Status: DisposedITAT Delhi13 Jul 2018AY 2009-10

Bench: Shri R.S. Syal & Smt. Beena A. Pillaiassessment Year : 2005-06 Assessment Year : 2009-10 Assessment Year 2010-11 Assessment Year 2011-12 Assessment Year 2013-14

For Appellant: Shri Nageshwar Rao &For Respondent: Shri Sanjay I Bara, CIT, DR

…supplies made to an AE, the arrangement reflected an international transaction intended to benefit the AE in some way. Similar matter once again came up for consideration before the Hon’ble Delhi High Court in Avenue Asia Advisors Pvt. Ltd. vs. DCIT (2017) 398 ITR 120 (Del). Following the earlier decision in Kusum Healthcare (supra), it was observed that there are several factors which need to be considered before holding that every receivable is an international transaction and it requires an assessment on the working capital of the assessee. Applying the decision in Kusum Health Care (supra), the Hon’ble H…