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“arms length price”

Transfer PricingSection 92Section 92791 judgments

The decision most relied on for arms length price is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 judgments on BharatTax.

Leading authorities on arms length price

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

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.

CIT v. Everest Kento Cylinders Ltd.
378 ITR 57 · 2015 · High Court
304
citing judgments

Corporate guarantee fees are subject to transfer pricing rules, and adjustments may be needed to account for differences between corporate guarantees and more liquid bank guarantees when determining arm's length price.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Chryscapital Investment Advisors (India) Pvt. Ltd. v. DCIT
376 ITR 183 · 2015 · High Court
170
citing judgments

For transfer pricing comparability analysis, companies should not be excluded solely based on higher turnover if they are otherwise functionally comparable, unless the turnover difference reflects fundamental functional dissimilarities, brand value, or risk profiles that materially impact profitability.

PCIT v. Redington (India) Ltd.
430 ITR 298 · 2021 · High Court
132
citing judgments

A corporate guarantee issued to Associated Enterprises (AEs) is an international transaction under Section 92B, requiring adjustments for guarantee commission due to inherent risk. The reasonable arm's length rate for benchmarking such corporate guarantees can be determined using internal or external comparable uncontrolled prices.

Bausch & Lomb Eye Care (India) Pvt. Ltd. v. Additional CIT
381 ITR 227 · 2016 · High Court
127
citing judgments

The existence of an international transaction must be established before its arm's length price can be determined. An alleged 'excessive' AMP expenditure cannot unilaterally expand the scope of an international transaction if its existence is contested.

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

CIT v. Tata Autocomp Systems Ltd.
56 Taxmann.com 206 · 2015 · High Court
119
citing judgments

When determining the arm's length price for interest on a foreign currency loan advanced to an Associated Enterprise, the Indian Prime Lending Rate is not applicable. Instead, the interest rate should be benchmarked based on the prevailing foreign currency rate, such as EURIBOR, or the rate in the country where the loan is received/consumed.

Judgments citing arms length price

Cummins Generator Technologies India Private Limited, Pune vs. The Assessment Unit, Income Tax Department, NFAC and the ACIT, Circle 1(1), Pune

In the result, appeal of the assessee is partly allowed

ITA 1641/PUN/2024[2020-21]Status: DisposedITAT Pune19 Dec 2024AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपीलसं. / Ita No.1641/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Cummins Generator V The Assessment Unit, Technologies India Pvt. Ltd., S Income Tax Department, Tower A, 6Th Floor, Cummins Nfac & The Acit, India Offie Campus, Balewadi, Circle-1(1), Pune. Pune – 411045. Pan: Aabcc1533E Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shir Prakash L Pathade – Cit(Dr) Date Of Hearing 05/12/2024 Date Of Pronouncement 19/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer Passed Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 Dated 07.06.2024; To Give Effect To The Order Of Dispute Resolution Panel Dated 18.05.2024. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. Ground For Not Following The Directions Of The Hon'Ble Dispute Resolution Panel (Hereinafter Referred To As "Drp")

Section 143(3)Section 144BSection 92C

Assessee Company has entered into International Transactions for which reference was made to the 2 Transfer Pricing Officer to determine the Arms Length Price(ALP) of International Transactions. The Transfer Pricing Officer(TPO), Deputy Commissioner of Income Tax(TP)-1(1), Pune passed an order under section 92CA ... proposed an adjustment of Rs.3,29,56,988/- on account of Royalty paid/payable. The TPO held that the said transaction was not at Arms Length Price. Assessee filed objections before the Dispute Resolution Panel. The Dispute Resolution Panel vide its order dated 18.05.2024 gave directions as under : “Further, the Panel

L'Oreal India Private Limited, Mumbai vs. Income Tax Department, Mumbai

ITA 4577/MUM/2024[2020-21]Status: DisposedITAT Mumbai16 Dec 2024AY 2020-21

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarl'Oreal India Private V/S. Assistant Commissioner Of Limited, A-Wing, 8Th Floor, Marathon Futurex, N.M. Joshi Marg, Lower Parel, Mumbai Maharashtra 400 013, बनाम Income Tax- 7(1)(1), Aayakar Bhavan, M.K. Road, Mumbai 400020, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacl0738K Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant By : Shri Niraj Sheth Respondent By : Ms. Neena Jeph (Cit Dr) Date Of Hearing 19.11.2024 Date Of Pronouncement 16.12.2024 आदेश / Order Per Prabhash Shankar [Α.Μ.] This Is An Appeal Filed By The Assessee, Challenging The Assessment Order Passed By The Assessing Officer/Transfer Pricing Officer (‘Tpo' For Short) Pursuant To The Direction Of The Hon'Ble Dispute Resolution Panel ('Drp' For Short), Passed U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Act Relevant To The Assessment Year (A.Y. For Short) 2020-21.The Assessee Has Challenged The Grounds Of Transfer Pricing Adjustment On Account Of Advertisement, Marketing & Promotion (Amp) Expenses. Following Are The Grounds Raised By The Assessee: Page 2

For Appellant: Shri Niraj ShethFor Respondent: Ms. Neena Jeph (CIT DR)
Section 143(3)Section 4Section 92Section 92BSection 92C

Page 1 ITA No. 4577/MUM/2024 (A.Y. 2020-21) IN THE INCOME-TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI SANDEEP