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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

Trig Detectives Pvt Ltd, Mumbai vs. DCIT -Central Circle -1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1905/MUM/2025[2019-20]Status: DisposedITAT Mumbai02 Dec 2025AY 2019-20

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Trig Detectives Pvt Ltd, Mumbai vs. DCIT-Central Circle 1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1904/MUM/2025[2018-19]Status: DisposedITAT Mumbai02 Dec 2025AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Trig Detectives Pvt Ltd, Mumbai vs. DCIT-Central Circle 1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1903/MUM/2025[2017-18]Status: DisposedITAT Mumbai02 Dec 2025AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Trig Detectives Pvt Ltd, Mumbai vs. DCIT-Central Circle 1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1902/MUM/2025[2016-17]Status: DisposedITAT Mumbai02 Dec 2025AY 2016-17

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Trig Detectives Pvt Ltd, Mumbai vs. DCIT Central Circle 1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1901/MUM/2025[2015-16]Status: DisposedITAT Mumbai02 Dec 2025AY 2015-16

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Trig Detectives Pvt Ltd, Mumbai vs. DCIT Central Circle 1(2), Mumbai

In the result, the appeals filed by the assessee bearing ITA Nos

ITA 1900/MUM/2025[2014-15]Status: DisposedITAT Mumbai02 Dec 2025AY 2014-15

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Ritesh Misra, CIT DR
Section 139(1)Section 153ASection 250Section 270ASection 271(1)(c)Section 271ASection 274Section 37(1)Section 40

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e) the amount of undisclosed income referred to in section 271AAB

Balaji Powertronics, New Delhi vs. DCIT, Circle- 43(1), New Delhi

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

ITA 2743/DEL/2022[2017-18]Status: DisposedITAT Delhi02 Dec 2025AY 2017-18

Bench: Shri M Balaganesh & Shri Vimal Kumarassessment Year: 2017-18 M/S. Balaji Powertronics, Vs. Dcit, Circle-43(1), H-56, Udyog Nagar, New Delhi Main Rohtak Road, Delhi – 1100 41 Pan :Aagfb0501M (Appellant) (Respondent)

Section 142(1)Section 143(2)Section 143(3)Section 144BSection 144CSection 144C(13)Section 144C(5)Section 270ASection 80Section 928A

open market. The selling price charged from AE is comparable or less than the price charged from dealers in open market. Regarding international transactions, Ld. TPO passed order dated 24.01.2021 under Section 92CA(3) of the Act and directed the adjustment of Rs.21,09,91,682 u/s 92CA(3)/80-1A

Fuji Electric India Private Limited, Chennai vs. Deputy Commissioner of Income Tax, Corporate Circle 1(1), Chennai

In the result the appeal of the Assessee is partly allowed for statistical purposes

ITA 701/CHNY/2025[2020-21]Status: DisposedITAT Chennai01 Dec 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

For Appellant: Shri. Siddhesh Chaugula, C.AFor Respondent: Shri. A R V Sreenivasan, C.I.T
Section 92C

value additions were made by the Assessee to its AE. Hence, no service element was involved in the subject international transaction warranting a mark-up. 7. Per contra the Ld.DR contended that reimbursement of expenses is a separate international transaction and therefore it resulted in passive rendition of service ... This passive act of the Assessee cannot be construed as rendering any service to the AE and hence it cannot be considered as an international transaction warranting a separate mark-up. Further, as pointed by the Ld.AR, the Assessee’s core business is manufacturing and it is not organizing marketing

Matrix Clothing Private Limited, Gurgaon vs. ACIT-CC-18, Delhi

In the result, the appeal of the assessee is partly allowed

ITA 3805/DEL/2024[2020-21]Status: DisposedITAT Delhi01 Dec 2025AY 2020-21

Bench: Shri M. Balaganesh & Shri Vimal Kumarmatrix Clothing Pvt. Ltd, Vs. Acit, Village Mohammadpur, Central Circle-18, Khandsa Road, Gurgaon- Delhi 122 001, Haryana (Appellant) (Respondent) Pan: Aabcm8475B Assessee By : Ms. Kavita Jha, Sr. Adv Shri Himanshu Agarwal, Adv Shri Akash Shukla, Adv Revenue By: Shri Chetan P. S. Rao, Cit Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 01/12/2025 Matrix Clothing Pvt. Ltd, Vs. Acit, Village Mohammadpur, Central Circle-18, Khandsa Road, Gurgaon- Delhi 122 001, Haryana (Appellant) (Respondent) Pan: Aabcm8475B

For Appellant: Ms. Kavita Jha, Sr. AdvFor Respondent: Shri Chetan P. S. Rao, CIT DR
Section 133(6)Section 143(3)Section 144C(5)Section 92C

behalf of its AE by the assessee as corporate guarantee. Hence, adoption of bank guarantee commission charges for the purpose of benchmarking the international transaction of SBLC/Corporate Guarantee itself is wrong. In our considered opinion, the issuance of SBLC/corporate guarantee cannot be compared with the commission charged by the bank

Matrix Clothing Private Limited, Gurgaon vs. ACIT, Central Circle-18, Delhi

In the result, the appeal of the assessee is partly allowed

ITA 760/DEL/2022[2017-18]Status: DisposedITAT Delhi01 Dec 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Vimal Kumarmatrix Clothing Pvt. Ltd, Vs. Acit, Village Mohammadpur, Central Circle-18, Khandsa Road, Gurgaon- Delhi 122 001, Haryana (Appellant) (Respondent) Pan: Aabcm8475B Assessee By : Ms. Kavita Jha, Sr. Adv Shri Himanshu Agarwal, Adv Shri Akash Shukla, Adv Revenue By: Shri Chetan P. S. Rao, Cit Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 01/12/2025 Matrix Clothing Pvt. Ltd, Vs. Acit, Village Mohammadpur, Central Circle-18, Khandsa Road, Gurgaon- Delhi 122 001, Haryana (Appellant) (Respondent) Pan: Aabcm8475B

For Appellant: Ms. Kavita Jha, Sr. AdvFor Respondent: Shri Chetan P. S. Rao, CIT DR
Section 133(6)Section 143(3)Section 144C(5)Section 92C

behalf of its AE by the assessee as corporate guarantee. Hence, adoption of bank guarantee commission charges for the purpose of benchmarking the international transaction of SBLC/Corporate Guarantee itself is wrong. In our considered opinion, the issuance of SBLC/corporate guarantee cannot be compared with the commission charged by the bank

Ubs Business Solutions (India) Private Limited (Successor to Credit Suisse Services (India) Pvt Ltd), Pune vs. PCIT, Pune - 1, Pune, Maharashtra

In the result, appeal of the Assessee is allowed

ITA 1407/PUN/2025[2020-21]Status: DisposedITAT Pune28 Nov 2025AY 2020-21

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1407/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Ubs Business Solutions (India) V The Principal Pvt. Ltd. (Successor To Credit S. Commissioner Of Suisse Services (India) Pvt Income Tax, Ltd.), Pune-1. Cluster A, Eon Free Zone, Plot No.1, S.No.77, Ground To 5Th Floors In Wing 1, 3Rd To 5Th Floor In Wing 2, Kharadi Midc Knowledge Park, Pune – 411014. Pan: Aabcu8718M Appellant/ Assessee Respondent / Revenue Assessee By Shri Rajendra Agiwal - Ar Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 23/09/2025 Date Of Pronouncement 28/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-1 Passed Under Section 263 Of The Income Tax Act, 1961 For A.Y.2020-21, Dated 31.03.2025 Emanating From Assessment Order U/S.143(3) R.W.S 144B

Section 143(3)Section 144BSection 263Section 80G

most important fact is that as per the Transfer Pricing Report(page 338), Assessee has entered into following transactions. 1.3 Summary of the international transactions analyzed in this report is tabulated as follows : CS India Whether International Method (Tested party) at arm’s transactions selected Transfer Price Rate / margin length

Mercedes-Benz Research and Development India Private Limited, Bengaluru vs. Assistant Commissioner of Income-Tax, Special Range-4, Bangalore

In the result, appeal of the assessee and the appeal of the revenue are partly allowed

ITA 972/BANG/2023[2017-18]Status: DisposedITAT Bangalore28 Nov 2025AY 2017-18

Bench: Ms. Padmavathy S. & Shri Keshav Dubeyassessmentyear:2017-18

For Appellant: Sri Kamal Sawhney, A.RFor Respondent: Dr. Diyva K.J., D.R
Section 250Section 92C

revised return on 29.3.2019. The case was selected for scrutiny and the statutory notices were duly served on the assessee. Since the assessee had international transactions, a reference was made u/s 92CA of the Act for computation of Arm’s length price of the international transactions the assessee had with

Devindra Singh, Jhajjar vs. DCIT, Int. Tax, Gurgaon

In the result, impugned assessment order is quashed being without jurisdiction and appeal of the assessee is allowed

ITA 4715/DEL/2025[2015-16]Status: DisposedITAT Delhi28 Nov 2025AY 2015-16

Bench: Shri Vikas Awasthy& Shri M. Balaganeshआअसं.4715/िद"ी/2025(िन.व. 2015-16) Devindra Singh, Viilage Naya Gaon, Bahadurgarh, Jhajjar, Haryana 124507 ...... अपीलाथ"/Appellant Pan No: Akppg-1164-L बनाम Vs. Deputy/Assistant Commissioner Of Income Tax, ....."ितवादी/Respondent International Taxation, Gurgaon, Haryana

For Appellant: S/Shri Pranshu Singhal, Chartered Accountants &For Respondent: Shri M.S Nethrapal, CIT-DR
Section 143(1)Section 144CSection 147Section 148Section 148ASection 68

Shri Pranshu Singhal, appearing on behalf of the assessee submits that the assessee is an ex-service man and has never entered into any international transaction. Yet, the assessment was completed invoking the provisions of section 144C of the Income Tax Act, 1961 (hereinafter referred

Hi-Lex India Private Limited, Gurgaon vs. Assessment Unit Income Tax Department, Gurgaon

In the result, Appeal of the Assessee is allowed

ITA 4288/DEL/2024[2020-21]Status: DisposedITAT Delhi28 Nov 2025AY 2020-21

Bench: Shri Yogesh Kumar U.S. & Shri Brajesh Kumar Singh

Section 144(3)Section 144BSection 144C(13)

Corporation, Japan, which is engaged in the business of manufacturing of mechanical control cables and window regulators for automobile industries. Following international transactions were subject to TP assessment for the year under consideration. International transaction Method Tested Amount (INR) Tested Margin of and party party’s comparable PLI margin companies ... technicalconsultancy fee 11,41,25,406 Payment of royalty 4. It is the specific case of the Assessee that since the aforesaid international transactions formed an integral part of Hi-Lex India manufacturing business which claimed to be principal activity, the transactions were analyzed together using combined transaction approach

Niit Technologies Ltd., New Delhi vs. ACIT, Circle-18(2), New Delhi

Appeal is allowed for statistical

ITA 2890/DEL/2018[2010-11]Status: DisposedITAT Delhi28 Nov 2025AY 2010-11

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

For Appellant: Sh. Rohit Jain, Adv, &For Respondent: Sh. S.K. Jadhav, CIT, DR
Section 10BSection 115JSection 143(3)Section 14A

Income-Tax (Appeals) erred in enhancing the income of the Appellant in relation to the corporate support service segment by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: 1.1 not appreciating that ... erred in enhancing the income of the Appellant by applying the mark-up on the reimbursement of expenses received by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: a. holding that

Niit Technologies Ltd., New Delhi vs. ACIT, Circle-18(2), New Delhi

Appeal is allowed for statistical

ITA 2889/DEL/2018[2009-10]Status: DisposedITAT Delhi28 Nov 2025AY 2009-10

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

For Appellant: Sh. Rohit Jain, Adv, &For Respondent: Sh. S.K. Jadhav, CIT, DR
Section 10BSection 115JSection 143(3)Section 14A

Income-Tax (Appeals) erred in enhancing the income of the Appellant in relation to the corporate support service segment by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: 1.1 not appreciating that ... erred in enhancing the income of the Appellant by applying the mark-up on the reimbursement of expenses received by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: a. holding that

ACIT, Circle-18(2), New Delhi vs. Niit Technologies Ltd., New Delhi

Appeal is allowed for statistical

ITA 2863/DEL/2018[2010-11]Status: DisposedITAT Delhi28 Nov 2025AY 2010-11

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

For Appellant: Sh. Rohit Jain, Adv, &For Respondent: Sh. S.K. Jadhav, CIT, DR
Section 10BSection 115JSection 143(3)Section 14A

Income-Tax (Appeals) erred in enhancing the income of the Appellant in relation to the corporate support service segment by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: 1.1 not appreciating that ... erred in enhancing the income of the Appellant by applying the mark-up on the reimbursement of expenses received by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: a. holding that

ACIT, Circle-18(2), New Delhi vs. Niit Technologies Ltd., New Delhi

Appeal is allowed for statistical

ITA 2862/DEL/2018[2009-10]Status: DisposedITAT Delhi28 Nov 2025AY 2009-10

Bench: Shri S Rifaur Rahman & Ms. Madhumita Royita Nos.2889 & 2890/Del/2018 (Assessment Years: 2009-10 & 2010-11)

For Appellant: Sh. Rohit Jain, Adv, &For Respondent: Sh. S.K. Jadhav, CIT, DR
Section 10BSection 115JSection 143(3)Section 14A

Income-Tax (Appeals) erred in enhancing the income of the Appellant in relation to the corporate support service segment by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: 1.1 not appreciating that ... erred in enhancing the income of the Appellant by applying the mark-up on the reimbursement of expenses received by holding that the said international transactions do not satisfy the arm’s length principle envisaged under the Act and in doing so have grossly erred in: a. holding that

Viacom 18, Media Pvt Ltd, Mumbai vs. PCIT-8, Mumbai

ITA 2591/MUM/2025[2019-20]Status: DisposedITAT Mumbai27 Nov 2025AY 2019-20

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Appellant: Mr. Madhur Agarwal/Ms. MokshaFor Respondent: Mr. Vivek Perampurna, CIT-DR
Section 143(3)Section 144BSection 263Section 32

issued and complied with. During the scrutiny proceeding transfer pricing reference was also made for determination of the arm's-length price of the international transactions carried out by the assessee. The faceless assessment unit passed assessment order under section 143(3) read with section 144B

Excelra Knowledge Solutions Private Limited, Hyderabad vs. DCIT., Circle-8(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 545/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.545/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Excelra Knowledge Vs. Dy.Cit Solutions Private Limited Circle 8(1) Hyderabad Hyderabad Pan:Aafcg5715Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate H Srinivasulu राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/11/2025 घोषणा की तारीख/Pronouncement: 26/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Excelra Knowledge Solutions Private Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 22.01.2025 For The A.Y 2018-19. Page 1 Of 8

For Appellant: Advocate H SrinivasuluFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 10ASection 143(2)Section 143(3)Section 270ASection 270A(6)(a)

length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction; and (e)the amount of undisclosed income referred to in section 271AAB