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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. Talisma Corporation Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeals for both the years under consideration filed by assessee stands allowed for statistical purposes

ITA 458/BANG/2017[2012-13]Status: HeardITAT Bangalore15 Feb 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 902/Bang/2016 Assessment Year : 2011-12 M/S. Talisma Corporation Pvt. Ltd., Ground Floor, “Phoenix”- The Deputy Magnificia, Vijanapura, Commissioner Of Mahadevapura Ward, Income Tax, Old Madras Road, Circle 7 (1)(1), Dooravaninagar, Bangalore. Vs. Bangalore – 560 016. Pan: Aabct1052F Appellant Respondent & It(Tp)A No. 458/Bang/2017 (By Assessee) (Assessment Year : 2012-13) Assessee By : Shri K.R. Vasudevan, Advocate : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 15-02-2022 Date Of Pronouncement : 15-02-2022 Order Per Beena Pillaipresent Appeals Filed By Assessee Against The Final Assessment Orders Dated 27.01.2016 For A.Y. 2011-12 & 26.12.2016 For A.Y. 2012-13 By Ld.Dcit, Circle – 7(1)(1), Bangalore. 2. Brief Facts Of The Case Are As Under: At The Outset, The Ld.Ar Submitted That The Main Issue In These Two Appeals Is Regarding The Characterisation Carried Out By The Ld.Tpo Of The Assessee’S Business.

For Appellant: Shri K.R. Vasudevan, Advocate
Section 92C

wherein no adjustment was made u/s. 92CA to the arms length price determined by the taxpayer in respect of the identical international transactions entered into with the associated enterprises. Page 3 of 6 IT(TP)A No. 902/Bang/2016 & IT(TP)A No. 458/Bang/2017 It is submitted by the Ld.AR that ... arguments regarding the characterisation in the TP study. The Ld.TPO is directed to analyse the details so filed by assessee and to consider the international transactions in accordance with various principles laid down by this Tribunal as well as various High Courts on this issue. Needless to say that proper

M/S Talisma Corporation Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals for both the years under consideration filed by assessee stands allowed for statistical purposes

ITA 902/BANG/2016[2011-12]Status: HeardITAT Bangalore15 Feb 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 902/Bang/2016 Assessment Year : 2011-12 M/S. Talisma Corporation Pvt. Ltd., Ground Floor, “Phoenix”- The Deputy Magnificia, Vijanapura, Commissioner Of Mahadevapura Ward, Income Tax, Old Madras Road, Circle 7 (1)(1), Dooravaninagar, Bangalore. Vs. Bangalore – 560 016. Pan: Aabct1052F Appellant Respondent & It(Tp)A No. 458/Bang/2017 (By Assessee) (Assessment Year : 2012-13) Assessee By : Shri K.R. Vasudevan, Advocate : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 15-02-2022 Date Of Pronouncement : 15-02-2022 Order Per Beena Pillaipresent Appeals Filed By Assessee Against The Final Assessment Orders Dated 27.01.2016 For A.Y. 2011-12 & 26.12.2016 For A.Y. 2012-13 By Ld.Dcit, Circle – 7(1)(1), Bangalore. 2. Brief Facts Of The Case Are As Under: At The Outset, The Ld.Ar Submitted That The Main Issue In These Two Appeals Is Regarding The Characterisation Carried Out By The Ld.Tpo Of The Assessee’S Business.

For Appellant: Shri K.R. Vasudevan, Advocate
Section 92C

wherein no adjustment was made u/s. 92CA to the arms length price determined by the taxpayer in respect of the identical international transactions entered into with the associated enterprises. Page 3 of 6 IT(TP)A No. 902/Bang/2016 & IT(TP)A No. 458/Bang/2017 It is submitted by the Ld.AR that ... arguments regarding the characterisation in the TP study. The Ld.TPO is directed to analyse the details so filed by assessee and to consider the international transactions in accordance with various principles laid down by this Tribunal as well as various High Courts on this issue. Needless to say that proper

Ibm India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 289/BANG/2021[2015-16]Status: DisposedITAT Bangalore14 Feb 2022AY 2015-16

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 289/Bang/2021 Assessment Year : 2015-16 M/S. Ibm India Pvt. Ltd., The Deputy No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Circle 3 (1)(1), Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent Assessee By : Shri Ajay Roti, Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 12-01-2022 Date Of Pronouncement : 14-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order Dated 30.04.2021 U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Act Passed By The National Faceless Assessment Centre, Delhi Relating To Assessment Year 2015-16 On Following Grounds Of Appeal: “The Grounds Stated Hereunder Are Independent Of & Without Prejudice To One Another. The Appellant Submits As Under: 1. Assessment Order Bad In Law 1.1. At The Outset, M/S Ibm India Private Limited (Hereinafter Referred To As 'The Appellant' Or 'The Company') Prays That The Order Dated April 30. 2021

For Appellant: Shri Ajay Roti, CAFor Respondent: Shri Pradeep Kumar, CIT DR
Section 10ASection 143(3)Section 144BSection 144C(13)

erred in not demonstrating that the motive of the Appellant was to shift profits outside India by manipulating the prices charged in the international transaction, which is a pre-requisite condition to make any adjustment under the provision of Chapter X of the Act. 9. Determination of arm's length ... upholding the same. 9.2. The learned TPO/ learned JAO erred on facts and in law, in holding AMP expenditure of the Appellant as an international transaction under section 92B of the Act and assuming jurisdiction to determine the arm's length price thereof, when such expenditure represents only transactions undertaken

M/S. Ibm India Private Limited, Bangalore vs. Joint Commissioner of Income Tax, Special Range - 4, Bangalore

In the result, appeal by the assessee for A

ITA 1016/BANG/2019[2014-15]Status: DisposedITAT Bangalore14 Feb 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 625/Bang/2017 Assessment Year : 2012-13 M/S. Ibm India Pvt. Ltd., The Assistant No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Circle 3 (1)(1), Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent & It(Tp)A No. 1016/Bang/2019 Assessment Year : 2014-15 M/S. Ibm India Pvt. Ltd., The Joint No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Special Range-4, Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent Assessee By : Shri Ajay Roti, Ca : Shri K.V. Arvind, Standing Revenue By Counsel Date Of Hearing : 03-02-2022 Date Of Pronouncement : 14-02-2022

For Appellant: Shri Ajay Roti, CA
Section 10ASection 143(3)Section 144C(13)

been done by the revenue authorities. The Ld.AR relying on following decisions submitted that incurring of AMP expenses does not constitute an international transaction: Acer India Private Limited in IT (TP) a number 27/B/2017 Essilor India Private Limited in IT (TP) to number 29/the/2014 and 227/B/2015 DCI to versus Nike ... Court held that, once the TPO accepts and adopts TNM Method and then chooses to treat a particular expenditure like AMP as a separate international transaction without bifurcation and segregation, it would lead to an unusual and incongruous results as AMP is the cost or expense and is not diverse

M/S. Ibm India Private Limited, Bangalore vs. Assistant Commissioner of Income-Tax, Bangalore

In the result, appeal by the assessee for A

ITA 625/BANG/2017[2012-13]Status: DisposedITAT Bangalore14 Feb 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 625/Bang/2017 Assessment Year : 2012-13 M/S. Ibm India Pvt. Ltd., The Assistant No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Circle 3 (1)(1), Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent & It(Tp)A No. 1016/Bang/2019 Assessment Year : 2014-15 M/S. Ibm India Pvt. Ltd., The Joint No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Special Range-4, Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent Assessee By : Shri Ajay Roti, Ca : Shri K.V. Arvind, Standing Revenue By Counsel Date Of Hearing : 03-02-2022 Date Of Pronouncement : 14-02-2022

For Appellant: Shri Ajay Roti, CA
Section 10ASection 143(3)Section 144C(13)

been done by the revenue authorities. The Ld.AR relying on following decisions submitted that incurring of AMP expenses does not constitute an international transaction: Acer India Private Limited in IT (TP) a number 27/B/2017 Essilor India Private Limited in IT (TP) to number 29/the/2014 and 227/B/2015 DCI to versus Nike ... Court held that, once the TPO accepts and adopts TNM Method and then chooses to treat a particular expenditure like AMP as a separate international transaction without bifurcation and segregation, it would lead to an unusual and incongruous results as AMP is the cost or expense and is not diverse

M/S Toyota Kirloskar Auto Parts Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, the appeal in IT(TP)A No

ITA 1364/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 Feb 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.1714/Bang/2016 : Asst.Year 2012-2013 It(Tp)A No.1364/Bang/2017 : Asst.Year 2012-2013 M/S.Toyota Kirloskar Auto Parts The Assistant Commissioner Private Limited Of Income-Tax, Ltu, Circle-1 V. Plot No.21, Bidadi Industrial Area Bangalore. Bidadi, Ramangara District – 562 109. Pan : Aabct5590Q. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Muzaffar Hussain, Cit-Dr Date Of Pronouncement : 10.02.2022 Date Of Hearing : 09.02.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Assessing Officer. The It(T)A No.1714/Bang/2016 Arises Out Of A.O’S Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, (Order Dated 29.07.2016). The It(Tp)A No.1364/Bang/2017 Arises Out Of The A.O.’S Order Passed U/S 154 (Order Dated 31.01.2011). The A.O. After Passing The Order U/S 143(3) Of The Act, Passed Rectification Order U/S 154 Of The Act Giving Effect To The Order Passed By The Transfer Pricing Officer (Tpo) In Determining The Transfer Pricing (Tp) Adjustment From Rs.37,24,00,000, To Rs.39,13,10,000, Hence Two Appeals Are Filed By The Assessee. The Relevant Assessment Year Is 2012-2013. 2 It(Tp)A Nos.1714/B/2016 & 1364/Bang/2017 M/S.Toyota Kirloskar Auto Parts Private Limited. 2. The Grounds Raised For Both The Appeals Are Identical. The Assessee Has Also Filed Additional Ground Vide Letter Dated 27.11.2021.The Additional Grounds Are Essentially, Shades Of Grounds Raised In Form No.36. The Additional Grounds Are Legal Grounds Supported By Judicial Pronouncements & Does Not Require Examination Of New Facts Other Than On Record. Hence, The Additional Grounds Raised Are Taken On Record For Adjudication. We Shall First Adjudicate It(Tp)A No.1714/Bang/2016 Arising Out Of The Order Of The A.O. Passed U/S 143(3) R.W.S. 144C Of The I.T.Act.

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 143(2)Section 143(3)Section 154Section 234BSection 92C

I.T.Act. During the course of assessment proceedings, the matter was referred to the TPO to determine the Arm’s Length Price (ALP) of the international transactions undertaken by the assessee with its Associated Enterprises (AEs). The TPO by his order dated 29.01.2016, determined the adjustment u/s 92CA ... Benchmarking of Royalty. (iv) Grounds 11 & 12 – Adjustments towards capacity utilization and project expenses. (v) Ground 13 – Restricting the adjustment to international transactions. (vi) Ground No.14 – Two companies wrongly included as comparable companies. (vii) Ground No.15 – depreciation on assets acquired on slump sale. (viii) Ground No.16 – Interest u/s 234B – consequential

M/S.Toyota Kirloskar Auto Parts Pvt. Ltd., Ramanagar vs. Assistant Commissioner of Income-Tax, Bangalore

In the result, the appeal in IT(TP)A No

ITA 1714/BANG/2016[2012-13]Status: DisposedITAT Bangalore10 Feb 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.1714/Bang/2016 : Asst.Year 2012-2013 It(Tp)A No.1364/Bang/2017 : Asst.Year 2012-2013 M/S.Toyota Kirloskar Auto Parts The Assistant Commissioner Private Limited Of Income-Tax, Ltu, Circle-1 V. Plot No.21, Bidadi Industrial Area Bangalore. Bidadi, Ramangara District – 562 109. Pan : Aabct5590Q. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Muzaffar Hussain, Cit-Dr Date Of Pronouncement : 10.02.2022 Date Of Hearing : 09.02.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Two Orders Of The Assessing Officer. The It(T)A No.1714/Bang/2016 Arises Out Of A.O’S Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, (Order Dated 29.07.2016). The It(Tp)A No.1364/Bang/2017 Arises Out Of The A.O.’S Order Passed U/S 154 (Order Dated 31.01.2011). The A.O. After Passing The Order U/S 143(3) Of The Act, Passed Rectification Order U/S 154 Of The Act Giving Effect To The Order Passed By The Transfer Pricing Officer (Tpo) In Determining The Transfer Pricing (Tp) Adjustment From Rs.37,24,00,000, To Rs.39,13,10,000, Hence Two Appeals Are Filed By The Assessee. The Relevant Assessment Year Is 2012-2013. 2 It(Tp)A Nos.1714/B/2016 & 1364/Bang/2017 M/S.Toyota Kirloskar Auto Parts Private Limited. 2. The Grounds Raised For Both The Appeals Are Identical. The Assessee Has Also Filed Additional Ground Vide Letter Dated 27.11.2021.The Additional Grounds Are Essentially, Shades Of Grounds Raised In Form No.36. The Additional Grounds Are Legal Grounds Supported By Judicial Pronouncements & Does Not Require Examination Of New Facts Other Than On Record. Hence, The Additional Grounds Raised Are Taken On Record For Adjudication. We Shall First Adjudicate It(Tp)A No.1714/Bang/2016 Arising Out Of The Order Of The A.O. Passed U/S 143(3) R.W.S. 144C Of The I.T.Act.

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 143(2)Section 143(3)Section 154Section 234BSection 92C

I.T.Act. During the course of assessment proceedings, the matter was referred to the TPO to determine the Arm’s Length Price (ALP) of the international transactions undertaken by the assessee with its Associated Enterprises (AEs). The TPO by his order dated 29.01.2016, determined the adjustment u/s 92CA ... Benchmarking of Royalty. (iv) Grounds 11 & 12 – Adjustments towards capacity utilization and project expenses. (v) Ground 13 – Restricting the adjustment to international transactions. (vi) Ground No.14 – Two companies wrongly included as comparable companies. (vii) Ground No.15 – depreciation on assets acquired on slump sale. (viii) Ground No.16 – Interest u/s 234B – consequential