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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

M/S. Sap Labs India Private Limited, Bangalore vs. Joint Commissioner of Income Tax, Special Range-6, Bangalore

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

ITA 606/BANG/2021[2008-09]Status: DisposedITAT Bangalore21 Jul 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Sap Labs India Pvt. Ltd., No. 138, Export It(Tp)A No. Promotion Industrial 2008-09 606/Bang/2021 Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P The Joint M/S. Sap Labs India Commissioner Of Pvt. Ltd. Income Tax, (Successor To M/S. Special Range – 6, Success Factors Bangalore. Business Solutions It(Tp)A No. India Pvt. Ltd.), 2015-16 2510/Bang/2019 No. 138, Export Promotion Industrial Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P

For Appellant: Shri Aliasger Rampurwala, CA
Section 3(1)(b)

appeared before the Ld.AO and filed requisite details as called for. The Ld.AO noted that the assessee for the year under consideration entered into international transaction with its associated enterprise exceeding Rs. 15 crores, and accordingly reference was made to the transfer pricing officer under 92CA ... receipt of reference under 92CA, the Ld.TPO called upon the assessee to file economic details of the international transaction, with the associated enterprise. Upon receipt of the details, the Ld.TPO observed that, following were the international transaction between the assessee and its AE: International Transactions Amount (INR) Provision of Software

M/S. Success Factors Business Solutions India Private Limited (Now Merged With Sap Labs India Private Limited), Bangalore vs. Joint Commissioner of Income Tax, Special Range - 6, Bangalore

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

ITA 2510/BANG/2019[2015-16]Status: DisposedITAT Bangalore21 Jul 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Sap Labs India Pvt. Ltd., No. 138, Export It(Tp)A No. Promotion Industrial 2008-09 606/Bang/2021 Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P The Joint M/S. Sap Labs India Commissioner Of Pvt. Ltd. Income Tax, (Successor To M/S. Special Range – 6, Success Factors Bangalore. Business Solutions It(Tp)A No. India Pvt. Ltd.), 2015-16 2510/Bang/2019 No. 138, Export Promotion Industrial Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P

For Appellant: Shri Aliasger Rampurwala, CA
Section 3(1)(b)

appeared before the Ld.AO and filed requisite details as called for. The Ld.AO noted that the assessee for the year under consideration entered into international transaction with its associated enterprise exceeding Rs. 15 crores, and accordingly reference was made to the transfer pricing officer under 92CA ... receipt of reference under 92CA, the Ld.TPO called upon the assessee to file economic details of the international transaction, with the associated enterprise. Upon receipt of the details, the Ld.TPO observed that, following were the international transaction between the assessee and its AE: International Transactions Amount (INR) Provision of Software

ACIT Cir 1, Thane vs. Lanxess India P.Ltd, Thane

ITA 2788/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Jul 2022AY 2009-10

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

For Appellant: Mr. Pratik Shah/For Respondent: Mr. V.K. Agarwal, CIT-DR
Section 143(3)Section 144C(13)

adjustment of Rs.5,96,53,388/ I(5) (the TPO") erred in making an adjustment of Rs.5,96,53,388/- in relation to the international transaction in respect o in relation to the international transaction in respect of export of f export of finished goods (Manufacturing segment). finished goods (Manufacturing ... alternate) for calculating Arms' Length Price of international alternate) for calculating Arms' Length Price of international alternate) for calculating Arms' Length Price of international transactions and making transactions and making adjustment based on the higher of two adjustment based on the higher of two methods followed whereas the law specifically

Lanxess India P.Ltd, Thane vs. Asst CIT Cir 1, Thane

ITA 2628/MUM/2014[2009-10]Status: DisposedITAT Mumbai18 Jul 2022AY 2009-10

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 Lanxess India Private Limited, Asst. Commissioner Of Income-Tax, Lanxess House, Plot No. 162-164, Circle 1, Road No. 27, Wagle Estate, Opp. Iti Vs. 6Th Floor, Asher It Park, Road No. College, Midc, 16-Z, Wagle Industrial Estate, Thane-(West)-400604. Thane. Pan No. Aaccb 3880 A Appellant Respondent Assessment Year: 2009-10 Asst. Commissioner Of Income-Tax, Lanxess India Private Limited, Circle 1, Lanxess House, Plot No. 162-164, 6Th Floor, Asher It Park, Road No. 16- Vs. Road No. 27, Wagle Estate, Opp. Iti Z, Wagle Industrial Estate, College, Midc, Thane. Thane-(West)-400604 Pan No. Aaccb 3880 A Appellant Respondent

For Appellant: Mr. Pratik Shah/For Respondent: Mr. V.K. Agarwal, CIT-DR
Section 143(3)Section 144C(13)

adjustment of Rs.5,96,53,388/ I(5) (the TPO") erred in making an adjustment of Rs.5,96,53,388/- in relation to the international transaction in respect o in relation to the international transaction in respect of export of f export of finished goods (Manufacturing segment). finished goods (Manufacturing ... alternate) for calculating Arms' Length Price of international alternate) for calculating Arms' Length Price of international alternate) for calculating Arms' Length Price of international transactions and making transactions and making adjustment based on the higher of two adjustment based on the higher of two methods followed whereas the law specifically

India Medtronic Pvt Ltd, Mumbai vs. Asst CIT 10 (1)91), Mumbai

In the result, ground No.54 of the appeal is allowed for statistical purpose

ITA 7935/MUM/2019[2015-16]Status: DisposedITAT Mumbai15 Jul 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 7935/मुं/2019 ("न.व. 2015-16) India Medtronic Private Limited, 1241, Solitaire Corporate Park, Bldg.No.12, 4Th Floor, Andheri-Ghatkopar Link Road, Andheri(E), Mumbai – 400 093 Pan:Aaaci-4227-Q ...... अपीलाथ" /Appellant बनाम Vs. Assistant Commissioner Of Income Tax-10(1)(1), Room No.209, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajan R. Vora, C.A With Shri Nikhil Tiwari ""तवाद" "वारा/Respondent By : Shri Yogesh Kamath, Cit-Dr With S/Shri Satya Pinisetty/R.A.Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 22/04/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 17/07/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Against The Assessment Order Dated 25/10/2019 For The Assessment Year 2015-16 Passed Under Section 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’].

For Appellant: Shri Rajan R. Vora, C.A with Shri Nikhil TiwariFor Respondent: Shri Yogesh Kamath, CIT-DR with S/Shri Satya Pinisetty/R.A.Dhyani
Section 143(3)

Biologics, Diabetics, Cardio-vascular, Surgical technologies and Physio-control. During the period relevant to the assessment year under appeal the assessee entered into following international transactions with its AE: Nature of International Transactions Amount (Rs.) Method Adopted Sr.No. 1 Purchase of finished goods for Resale 3,914,881,870 TNMM ... Other method Total 4,384,877,869 3.1 The Transfer Pricing Officer (TPO) vide order dated 31/10/2018 made following adjustments: 3 Sr.No. International Transaction Adjustment (in Rs.) 1. Import of finished goods 26,87,15,669 2. Provision of IT management 32,66,062 3. Reimbursement of expenses