CIT v. EKL Appliances Ltd.

345 ITR 241High Court2012#172 most cited

What is CIT v. EKL Appliances Ltd. authority for?

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

422

judgments rely on this decision, according to BharatTax’s citation analysis of 369,743 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. EKL Appliances Ltd. · Section 92CA · outstanding receivables · interest on outstanding receivables · TPO jurisdiction · business decision · royalty payments · arm's length price · associated enterprise benefit · pattern of delay · intra-group services

Also reported as

24 Taxmann.com 199209 Taxmann 200250 CTR 264

Issues it is cited on

Judgments citing CIT v. EKL Appliances Ltd.

Xl India Business Services Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 9, New Delhi

In the result, appeal of the assessee is allowed

ITA 6602/DEL/2017[2013-14]Status: DisposedITAT Delhi17 Feb 2021AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh. K. Narasimha Chary(Through Video Conferencing) Xl India Business Services Vs. Acit Pvt. Ltd., Ff-101, Special Range-9 First Floor, Sarines Sonia New Delhi Sadan, Building No. G-11, Community Centre, Vikas Puri, New Delhi – 18 Pan No. Aaacx 0309 A (Appellant) (Respondent) Assessee By Ms. Ananya Kapoor, Adv. Revenue By Sh. Sunil Kumar, Cit-Dr Date Of Hearing: 02/02/2021 Date Of Pronouncement: 17/02/2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.07.2017 Of The Additional Commissioner Of Income Tax, Special Range-9, New Delhi (‘Ao’) Passed U/S 143(3) R.W.S 144C(13) For Assessment Year 2013-14. 2. The Relevant Facts As Culled From The Material On Records Are As Under:

Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 92C

…ve distorted the picture and re- characterized the transaction which was clearly impermissible in law. To arrive at the aforesaid conclusion, Hon’ble High Court also referred to the decision of Delhi High Court in the case of CIT V. EKL Appliances Ltd. (2012) 345 ITR 241 (Delhi). The relevant observation of the High Court are as under: 8. “Aggrieved by the said order, the Assessee filed an appeal before the ITAT. By the impugned order dated 31th March 2015, the ITAT set aside the assessment order. The ITAT noted that the Assessee had undertaken working capital adjustment for the comparable companies selected in i…