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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

Bostik India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 626/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 May 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

been incurred for the purpose of the business. The appellant has to prove that such payment of expenses was in accordance with Arms length price.” (iv) On page 8 of the DRP direction, it was held that “for claiming any deduction under section 37(1) of the Act, the onus

Bostik India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2031/BANG/2017[2013-14]Status: DisposedITAT Bangalore10 May 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

been incurred for the purpose of the business. The appellant has to prove that such payment of expenses was in accordance with Arms length price.” (iv) On page 8 of the DRP direction, it was held that “for claiming any deduction under section 37(1) of the Act, the onus

Bostik India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 837/BANG/2016[2011-12]Status: DisposedITAT Bangalore10 May 2022AY 2011-12

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

been incurred for the purpose of the business. The appellant has to prove that such payment of expenses was in accordance with Arms length price.” (iv) On page 8 of the DRP direction, it was held that “for claiming any deduction under section 37(1) of the Act, the onus

Jp Morgan Services (I) Pvt. Ltd., Mumbai vs. DCIT 10 (2)(1), Mumbai

In the result, appeal by the assessee is allowed

ITA 3512/MUM/2019[2014-15]Status: DisposedITAT Mumbai05 May 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 3512/मुं/2019 ("न. व. 2014-15) J.P.Morgan Services India Private Limited, Level Nos. 9 To 11, Prism Towers, Mindspace, Link Road, Goregaon (West), Mumbai – 400 104. Pan: Aabcd-0503-B ...... अपीलाथ"/Appellant बनाम Vs. Deputy Commissioner Of Income Tax, Circle 10(2)(1), Room No.509, Aaykar Bhavan, M.K.Road, Mumbai 400 020 . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Porus Kaka Sr. Advocate With Shri & Divesh Chawla ""तवाद" "वारा/Respondent By : Shri Satya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 09/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-55, Mumbai [ In Short ‘The Cit(A)’] Dated 28/02/2019, For The Assessment Year 2014-15. 2 2. The Assessee In Appeal Has Assailed Transfer Pricing (Tp) Adjustment & Disallowance Made U/S. 14A R.W.R. 8D Of The Income Tax Act, 1961 [In Short ‘The Act’]. The Relevant Grounds Raised By The Assessee In Appeal Are As Under:-

For Appellant: Shri Porus Kaka Sr. Advocate with Shri and Divesh ChawlaFor Respondent: Shri Satya Pinisetty
Section 14ASection 92C(3)

clubbed for the purpose of arms length test. The ld.Counsel for the assessee asserted that clubbing of transactions is permissible for determining arms length price of transactions. In support of his contentions he placed reliance on the following decisions: (i) BarclaysBank PLC vs. Addl. CIT, 100 taxmann.com 476(Mum-Trib

Advance Power Display Systems Ltd., Mumbai vs. Jt. CIT (OSD), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 223/MUM/2019[2012-13]Status: DisposedITAT Mumbai05 May 2022AY 2012-13

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 222/मुं/2019 ("न. व. 2011-12 ) आअसं. 223/मुं/2019 ("न. व. 2012-13) Advance Power Display System Ltd. Unit No.6, Multistoried Building, Seepz-Sez, Andheri (East) Mumbai – 400 096 Pan: Aaaca-5970-G ...... अपीलाथ" /Appellant बनाम Vs. The Jcit (Osd), ..... ""तवाद"/Respondent Mumbai . अपीलाथ" "वारा/ Appellant By : Shri Y.P. Trivedi Sr. Advocate With Shri Nishit Gandhi ""तवाद" "वारा/Respondent By : Shri Sathya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 08/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Two Appeals By The Assessee Are Directed Against The Order Of Commissioner Of Income Tax(Appeals)-55, Mumbai [In Short 'The Cit(A) ’] For The Assessment Years 2011-12 & 2012-13, Respectively. Both The Impugned Order Are Of Even Date I.E. 15/11/2018. Since, Identical Issues Are Involved In 2

For Appellant: Shri Y.P. Trivedi Sr. Advocate with Shri Nishit GandhiFor Respondent: Shri Sathya Pinisetty
Section 43BSection 92CSection 92C(1)Section 92C(2)

average margin of the assessee at 4.92%. He submitted that the assessee filed rectification petition before the TPO pointing that where variation between Arms Length Price(ALP) and the price at which international transaction has actually been undertaken 3 ITA NO.223/MUM/2019(A.Y.2012-13) does not exceed 5%, the price at which

Advance Power Display Systems Ltd., Mumbai vs. Jt. CIT (OSD), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 222/MUM/2019[2011-12]Status: DisposedITAT Mumbai05 May 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 222/मुं/2019 ("न. व. 2011-12 ) आअसं. 223/मुं/2019 ("न. व. 2012-13) Advance Power Display System Ltd. Unit No.6, Multistoried Building, Seepz-Sez, Andheri (East) Mumbai – 400 096 Pan: Aaaca-5970-G ...... अपीलाथ" /Appellant बनाम Vs. The Jcit (Osd), ..... ""तवाद"/Respondent Mumbai . अपीलाथ" "वारा/ Appellant By : Shri Y.P. Trivedi Sr. Advocate With Shri Nishit Gandhi ""तवाद" "वारा/Respondent By : Shri Sathya Pinisetty सुनवाई क" "त"थ/ Date Of Hearing : 08/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05/05/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Two Appeals By The Assessee Are Directed Against The Order Of Commissioner Of Income Tax(Appeals)-55, Mumbai [In Short 'The Cit(A) ’] For The Assessment Years 2011-12 & 2012-13, Respectively. Both The Impugned Order Are Of Even Date I.E. 15/11/2018. Since, Identical Issues Are Involved In 2

For Appellant: Shri Y.P. Trivedi Sr. Advocate with Shri Nishit GandhiFor Respondent: Shri Sathya Pinisetty
Section 43BSection 92CSection 92C(1)Section 92C(2)

average margin of the assessee at 4.92%. He submitted that the assessee filed rectification petition before the TPO pointing that where variation between Arms Length Price(ALP) and the price at which international transaction has actually been undertaken 3 ITA NO.223/MUM/2019(A.Y.2012-13) does not exceed 5%, the price at which

M/S. Dmg Mori India Private Limited (Formerly Dmg Mori Seiki India Machines and Services Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 11(1), Bangalore

In the result the appeal filed by the assessee stands partly allowed

ITA 165/BANG/2020[2009-10]Status: DisposedITAT Bangalore29 Apr 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 165/Bang/2020 Assessment Year : 2009-10 M/S. Dmg Mori India Pvt. Ltd. (Formerly Dmg Mori Seiki India Machines & The Deputy Services Pvt. Ltd.), Commissioner Of No. 3/1, 3Rd Main Road, Income Tax, Kiadb, Peenya, 1St Stage, Circle – 11(1), Ward No. 1, Hmt, Vs. Bangalore. Bangalore – 560 058. Pan: Aabcd0003E Appellant Respondent Assessee By : Shri Vikram, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By The Assessee Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For Assessment Year 2009-10 On Following Consolidated Grounds Of Appeal: “1. The Order Of The Cit(Appeals) Is Contrary To Law, Facts & Circumstances Of The Case. 2. Disallowance Under Section 40(A)(I) Of The Act (Rs.2,76,24,000/-) 2.1. Disallowance U/S.40(A)(I) Unwarranted: The Cit(Appeals) Erred In Confirming The Disallowance Of Payments Made To M/S R.S Mail Limited , United Kingdom

For Appellant: Shri Vikram, Advocate
Section 234BSection 271(1)(c)Section 40

Ld.AO observed that, the assessee had international transaction exceeding ₹ 15 crores and accordingly, reference was made to the transfer pricing officer, to determine arms length price of the international transactions. 2.3 Upon receipt of the reference, the Ld.TPO called upon assessee to furnish the economic details of the international transaction

Alcon Laboratories India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(4), Bangalore

In the result the appeal filed by the assessee stands allowed as indicated herein above

ITA 726/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Apr 2022AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

For Respondent: Shri Percy Pardiwala, Sr
Section 143(3)Section 144C

total income of the Appellant on account of the alleged excessive expenditure incurred towards Advertising. Marketing and Promotion ("AMP") and adjustment to the Arms Length Price ("ALP") of the IT Support Services transaction entered by the Appellant with its Associated Enterprises ("AE"); Grounds relating to adjustment on account of alleged