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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

Sandisk India Device Design Centre Private Limited, Bengaluru vs. Joint Commissioner of Income Tax, Special Range-6, Bangalore

In the result, the appeal filed by the assessee stands partly allowed as indicated hereinabove

ITA 288/BANG/2021[2016-17]Status: DisposedITAT Bangalore30 Jun 2022AY 2016-17

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahuit(Tp)A No. 288/Bang/2021 Assessment Year : 2016-17 M/S. Sandisk India Device Design Centre Pvt. Ltd., Survey No. 143/1, Amani Bellandur Khane Village, The Joint Prestige Excelsior, Commissioner Of Prestige Tech Park, Income-Tax Marathalli – Sarjapur Outer (Osd), Ring Road, Circle 6 (1)(1), Vs. Kadubeesanahalli, Bangalore. Varthur Hobli, Bangalore – 560 103. Pan: Aaics9204M Appellant Respondent Assessee By : Shri Ajay Roti, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 25-05-2022 Date Of Pronouncement : 30-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Final Assessment Order Passed By National E-Assessment Centre, New Delhi On 30.04.2021 For A.Y. 2016-17 On Following Grounds Of Appeal: “The Grounds Stated Hereunder Are Independent Of & Without Prejudice To One Another. The Appellant Submits As Under:

For Appellant: Shri Ajay Roti, CA
Section 92C(3)Section 92D

issued to assessee. In response to the notices, assessee filed the relevant details as called for. The Ld.AO observed that assessee had entered into international transactions Page 9 of 32 IT(TP)A No. 288/Bang/2021 exceeding Rs. 15 crores. Accordingly, the case was referred to the transfer pricing officer ... reference received by the Ld.TPO under 92CA, the Ld.TPO called upon assessee to furnish the economic details of the international transaction in form 3CEB. From the details filed, the Ld.TPO observed that following the international transaction entered into by assessee. 2.3 The Ld.TPO observed that the following were the segmental

Deputy Commissioner of Income Tax, Circle- 2(1)(1), Bangalore vs. M/S. 24/7 Customer Private Limited, Bangalore

In the result, the appeal filed by the revenue stands partly allowed for statistical purposes

ITA 228/BANG/2020[2005-06]Status: DisposedITAT Bangalore30 Jun 2022AY 2005-06

Bench: Smt. Beena Pillai & Ms. Padmavathy Sit(Tp)A No. 228/Bang/2020 Assessment Year : 2005-06 M/S. 24/7 Customer Pvt. Ltd., The Deputy Embassy Golflinks Business Commissioner Of Park, Income Tax, Challaghatta Village, Circle – 2 (1)(1), Off Intermediate Ring Road, Bangalore. Vs. Varthur Hobli, Bangalore – 560 071. Pan: Aaacz1014A Appellant Respondent : Shri Jeepan Nagpal & Mrs. Assessee By Pallavi Sharma, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 17-05-2022 Date Of Pronouncement : 30-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Revenue Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For A.Y. 2005- 06 On Following Grounds Of Appeal: “Grounds Of Appeal & Question Of Law: A) The Learned Cit(A) Has Erred In Law & In Fact Seeking Exact Comparability Under Tnnm?

For Respondent: Shri Jeepan Nagpal & Mrs
Section 10ASection 143(1)Section 143(2)Section 143(3)Section 92C

reference u/s. 92CA(1) of the Act was made by the Ld.AO to the Ld.TPO in respect of the following international transactions entered into by the assessee with it’s A.Es. Nature of International Value Rs. Transactions Call Centre Services 66,00,46,029 Import of Capital Equipment ... Ld.TPO passed order u/s. 92C r.w.s. 92CA(1) of the Act dt. 15.12.2006 making an adjustment of Rs.15,23,42,536/- to the international transactions of the assessee, in respect to call centre services. 2.3 Pursuant to the order of the Ld.TPO, the Ld.AO passed order dated

Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore vs. M/S Altisource Business Solutions India Pvt Ltd, Bangalore

In the result, the appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands dismissed

ITA 164/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 162/Bang/2018 Assessment Year : 2012-13 M/S. Altisource Business Solutions Pvt. Ltd., Pritech Park, 3Rd & 5Th Floors Of Wing A & The Deputy 4Th Floor Of Wing B, Commissioner Of Block No. 12, Pritech Park, Income Tax, Survey No. 51-64/4, Circle – 1 (1)(2), Bellandur Village, Bangalore. Vs. Sarjapur Marathahalli Outer Ring Road, Bangalore – 560 103. Pan: Aaaco9467A Appellant Respondent & It(Tp)A No. 164/Bang/2018 Assessment Year : 2012-13 (By Revenue) : Shri K.R. Vasudevan, Assessee By Advocate : Smt. Susan Dolores George Revenue By Cit (Osd) Date Of Hearing : 30-05-2022 Date Of Pronouncement : 29-06-2022 Order Per Beena Pillaipresent Cross Appeals Filed By The Assessee & The Revenue Against Order Dated 31.08.2017 Passed By The Ld.Cit(A)-1, Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal:

Section 92C(3)(a)

facts, by upholding adjustment made by the learned Assessing Officer ("AO") / Transfer Pricing Officer ("TPO") to the arm's length price of the international transactions of the software development services and IT enabled services rendered by the Appellant to its Associated Enterprises ("AEs"); 2. The learned CIT (A) has erred ... instead conducted fresh search and thereby erroneously selected additional comparable companies for determination of the arm's length price in connection with the impugned international transactions and holding that the international transactions entered into by the Appellant are not at arm's length; 4. The learned CIT(A) has erred

Binod Kumar Singh, Mumbai vs. DCIT CC 18 & 19, Mumbai

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1479/MUM/2014[2008-09]Status: DisposedITAT Mumbai27 Jun 2022AY 2008-09

Bench: Shri Vikas Awasthy & Shri M.Balaganeshआअसं.7721/मुं/2012(िन.व. 2008-09) आअसं.1429/मुं/2014(िन.व. 2009-10) Sony Pictures Networks India Pvt. Ltd., (Formerly Known As Multi Screen Media Pvt. Ltd.), Interface Building 7, 4Th Floor, Malad Link Road, Malad (West), Mumbai-400064 Pan: Aabcs1728D ...... अपीलाथ"/Appellant बनाम Vs. The Acit, Central Circle-20, Room No. 402, Aayakarbhavan, M.K. Road, Mumbai-400020. ..... "ितवादी/Respondent आअसं.1178/मुं/2014(िन.व. 2009-10) The Acit, Central Circle-20, Room No. 402, ...... अपीलाथ"/Appellant Aayakarbhavan, M.K. Road, Mumbai-400020 बनाम Vs. Sony Pictures Networks India Pvt. Ltd., (Formerly Known As Multi Screen Media Pvt. Ltd.), Interface Building 7, 4Th Floor, Malad Link Road, Malad (West), Mumbai-400064 ..... "ितवादी/Respondent Pan: Aabcs1728D

For Appellant: Sh. Percy Pardiwala,Sr.Advocate with Sh. HitenChandeFor Respondent: S/Sh. Vijay Kumar-CIT-DR and Tejinder Pal Singh
Section 143(3)Section 144CSection 37(1)

period relevant to Assessment Year (AY) under appeal, the assessee entered into transactions with its holding company. The Transfer Pricing Officer (TPO) after analyzing international transactions vide order dated 31.10.2011 made adjustment of Rs. 47,47,37,934/- with respect to notional interest on outstanding receivables from its Associated Enterprises ... sale of content transaction, which is demonstrated by a working capital adjustment and thus the same should not be treated as a separate international transaction under Section 92B(1) of the Act. 7. On the facts and in the circumstances of the case in law, the learned AO, based

Multi Screen Media P.Ltd, Mumbai vs. Asst CIT Cen Cir 20, Mumbai

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1429/MUM/2014[2009-10]Status: DisposedITAT Mumbai27 Jun 2022AY 2009-10

Bench: Shri Vikas Awasthy & Shri M.Balaganeshआअसं.7721/मुं/2012(िन.व. 2008-09) आअसं.1429/मुं/2014(िन.व. 2009-10) Sony Pictures Networks India Pvt. Ltd., (Formerly Known As Multi Screen Media Pvt. Ltd.), Interface Building 7, 4Th Floor, Malad Link Road, Malad (West), Mumbai-400064 Pan: Aabcs1728D ...... अपीलाथ"/Appellant बनाम Vs. The Acit, Central Circle-20, Room No. 402, Aayakarbhavan, M.K. Road, Mumbai-400020. ..... "ितवादी/Respondent आअसं.1178/मुं/2014(िन.व. 2009-10) The Acit, Central Circle-20, Room No. 402, ...... अपीलाथ"/Appellant Aayakarbhavan, M.K. Road, Mumbai-400020 बनाम Vs. Sony Pictures Networks India Pvt. Ltd., (Formerly Known As Multi Screen Media Pvt. Ltd.), Interface Building 7, 4Th Floor, Malad Link Road, Malad (West), Mumbai-400064 ..... "ितवादी/Respondent Pan: Aabcs1728D

For Appellant: Sh. Percy Pardiwala,Sr.Advocate with Sh. HitenChandeFor Respondent: S/Sh. Vijay Kumar-CIT-DR and Tejinder Pal Singh
Section 143(3)Section 144CSection 37(1)

period relevant to Assessment Year (AY) under appeal, the assessee entered into transactions with its holding company. The Transfer Pricing Officer (TPO) after analyzing international transactions vide order dated 31.10.2011 made adjustment of Rs. 47,47,37,934/- with respect to notional interest on outstanding receivables from its Associated Enterprises ... sale of content transaction, which is demonstrated by a working capital adjustment and thus the same should not be treated as a separate international transaction under Section 92B(1) of the Act. 7. On the facts and in the circumstances of the case in law, the learned AO, based