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“international transaction”

Transfer PricingSection 92BSection 92B3,408 judgments

The decision most relied on for international transaction is Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT (374 ITR 118), cited in 499 judgments on BharatTax.

Leading authorities on international transaction

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

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.

India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

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.

Vodafone India Services (P.) Ltd. v. Union of India
368 ITR 1 · 2014 · High Court
172
citing judgments

The issue of shares and share premium is a capital account transaction, not an income-generating event, therefore Chapter X (Transfer Pricing) provisions are not attracted to deem notional or hypothetical income from such transactions.

Sir Kikabhai Premchand v. CIT
24 ITR 506 · 1953 · Supreme Court
156
citing judgments

One cannot make a taxable profit or loss from transactions with oneself, as profit only arises from dealings with external third parties, even when transferring assets between different accounts or divisions of the same entity.

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.

Judgments citing international transaction

Phoenix Lamps Ltd., Noida vs. DCIT, Noida

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1152/DEL/2017[2012-13]Status: DisposedITAT Delhi26 Jul 2023AY 2012-13

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2011-12 Assessment Year 2012-13 Phoenix Lamps Ltd. Vs Dcit, (Formerly Known As Halonix Ltd.), Circle-2, 59-A, Nsez Phase Ii, Noida. Noida. Pan: Aabcp7718G (Appellant) (Respondent) Assessee By : Dr. Shashwat Bajpai, Advocate Revenue By : Shri Manu Chaurasia, Sr. Dr Date Of Hearing : 12.07.2023 Date Of Pronouncement : 26.07.2023 Order Per M. Balaganesh, Am: These Appeals In Ita No.1702/Del/2016 For Ay 2011-12 & In Ita No.1152/Del/2017 For Ay 2012-13 Arise Out Of The Order Ld. Assessing Officer, Circle-2, Noida (Hereinafter Referred To As ‘Ld. Ao’) Passed U/S 144C R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 12.02.2016. Ita No.1152/Del/2017 2. Identical Issues Are Involved In Both These Appeals, Hence, They Are Taken Up Together & Disposed Of By This Common Order For The Sake Of Convenience. Let Us Take Up The Appeal Of The Assessee In Ita No.1702/Del/2016 For Ay 2011-12 First.

For Appellant: Dr. Shashwat Bajpai, AdvocateFor Respondent: Shri Manu Chaurasia, Sr. DR
Section 144CSection 92C

well as industrial markets while General Lighting lamps are mainly sold in domestic market though its depots situated in various cities across India. The international transactions of the assessee as tabulated in the order of the ld. DRP are as under:- S.No. Nature of Transaction Method Selected Amount ... view that the transactions in relation to Corporate Guarantee (CG) and standby letter of credit (SBLC) were international transactions and proceeded to make a reference to the ld. TPO for determining the arm’s length price of the international transactions of the assessee. In other words, according

Phoenix Lamps Ltd., Noida vs. DCIT, Noida

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1702/DEL/2016[2011-12]Status: DisposedITAT Delhi26 Jul 2023AY 2011-12

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2011-12 Assessment Year 2012-13 Phoenix Lamps Ltd. Vs Dcit, (Formerly Known As Halonix Ltd.), Circle-2, 59-A, Nsez Phase Ii, Noida. Noida. Pan: Aabcp7718G (Appellant) (Respondent) Assessee By : Dr. Shashwat Bajpai, Advocate Revenue By : Shri Manu Chaurasia, Sr. Dr Date Of Hearing : 12.07.2023 Date Of Pronouncement : 26.07.2023 Order Per M. Balaganesh, Am: These Appeals In Ita No.1702/Del/2016 For Ay 2011-12 & In Ita No.1152/Del/2017 For Ay 2012-13 Arise Out Of The Order Ld. Assessing Officer, Circle-2, Noida (Hereinafter Referred To As ‘Ld. Ao’) Passed U/S 144C R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 12.02.2016. Ita No.1152/Del/2017 2. Identical Issues Are Involved In Both These Appeals, Hence, They Are Taken Up Together & Disposed Of By This Common Order For The Sake Of Convenience. Let Us Take Up The Appeal Of The Assessee In Ita No.1702/Del/2016 For Ay 2011-12 First.

For Appellant: Dr. Shashwat Bajpai, AdvocateFor Respondent: Shri Manu Chaurasia, Sr. DR
Section 144CSection 92C

well as industrial markets while General Lighting lamps are mainly sold in domestic market though its depots situated in various cities across India. The international transactions of the assessee as tabulated in the order of the ld. DRP are as under:- S.No. Nature of Transaction Method Selected Amount ... view that the transactions in relation to Corporate Guarantee (CG) and standby letter of credit (SBLC) were international transactions and proceeded to make a reference to the ld. TPO for determining the arm’s length price of the international transactions of the assessee. In other words, according

Mahindra & Mahindra Limited, Mumbai vs. Addl/Jt/Dy/ACIT/ITO, National E- Assessment Centre, Delhi/Local Jurisdictional Assessing Officer Is Asstt, CIT- CC-2(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 1058/MUM/2021[2016-17]Status: DisposedITAT Mumbai20 Jul 2023AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/ Mahindra & Mahindra Income Tax Officer, National E- Limited Assessment Centre, Delhi Corporate Taxation, Local Jurisdictional Assessing P.K.Kurne Chowk, Vs. Worli, Officer Mumbai-400 018 Asst. Commissioner Of Income Tax, Circle 2(2)(1), Mumbai (Appellant) (Respondent) Pan No. Aaacm3025E Assessee By : Shri H.P. Mahajani, Ar Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 18.07.2023 Date Of Pronouncement : 20.07.2023

For Appellant: Shri H.P. Mahajani, ARFor Respondent: Shri Manoj Kumar, CIT DR
Section 143Section 143(3)Section 144(3)Section 144CSection 144C(13)Section 153Section 153(1)Section 92C

scrutiny. As the assessee company is engaged in the business of manufacturing of Automobile, engine parts and several other activities, entered into several international transactions, reference was made to the learned Transfer Pricing Officer for determination of Arm’s Length Price of the international transactions. The reference was made ... assessee was proposed to be assessed at ₹3,135,08,560/-, wherein the adjustment on account of Arm’s Length Price of international transaction was also included. Against the draft Assessment order, assessee preferred the objection before the learned Dispute Resolution Panel. The learned Dispute Resolution Panel passed direction