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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

Candor Gurgaon One Realty Projects Private Limited, Mumbai vs. DCIT, Circle 4(2), Delhi

In the result, both the appeals of the assessee are partly

ITA 769/DEL/2022[2017-18]Status: DisposedITAT Delhi08 Aug 2025AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.769/Del/2022 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2278/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent

Section 270A

erred in confirming the arbitrary transfer pricing adjustment made by the Id. AO/Ld. Transfer Pricing Officer (TPO) to the international transaction pertaining to payment of interest on Compulsory Convertible Debentures ('CCDs') by the Appellant to its Associated Enterprise ('AE). 2. That on the facts and circumstances of the case ... length price of both the tranches as under: 10.2 in view of the above discussion, the arm's length price of the international transaction related to interest paid on CCDs issued during the FY 2014-15 is computed as below: Particulars Amount (INR) Value of Compulsory Convertible

Candor Gurgaon One Realty Project Pvt Ltd, Mumbai vs. DCIT, Circle 4(2), New Delhi

In the result, both the appeals of the assessee are partly

ITA 2278/DEL/2022[2018-19]Status: DisposedITAT Delhi08 Aug 2025AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.769/Del/2022 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent & आ.अ.सं/.I.T.A No.2278/Del/2022 िनधा"रणवष"/Assessment Year: 2018-19 बनाम Candor Gurgaon One Realty Dcit, Projects Private Limited, Vs. Circle 4(2), C.R. Building, F-83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut, Kandivali (West), Mumbai, Maharashtra. Pan No.Aaacu8046K अपीलाथ" Appellant ""यथ"/Respondent

Section 270A

erred in confirming the arbitrary transfer pricing adjustment made by the Id. AO/Ld. Transfer Pricing Officer (TPO) to the international transaction pertaining to payment of interest on Compulsory Convertible Debentures ('CCDs') by the Appellant to its Associated Enterprise ('AE). 2. That on the facts and circumstances of the case ... length price of both the tranches as under: 10.2 in view of the above discussion, the arm's length price of the international transaction related to interest paid on CCDs issued during the FY 2014-15 is computed as below: Particulars Amount (INR) Value of Compulsory Convertible

ACIT., Central Circle 1(2), Hyderabad vs. Aurobindo Pharma Limited, Hyderabad

In the result, the appeal of the Revenue is dismissed

ITA 710/HYD/2025[2021-22]Status: DisposedITAT Hyderabad06 Aug 2025AY 2021-22

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.710/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2021-22) Asst. Commissioner Of Income Tax, M/S. Aurobindo Pharma Ltd., Vs. Central Circle 1(2), Hyderabad. Hyderabad. Pan: Aabca7366H (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri B.G. Reddy, Advocate रधजस् व द्वधरध/Revenue By:: Shri Narendra Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 30/07/2025 घोर्णध की तधरीख/Pronouncement: 06/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Hyderabad (“Ld. Cit(A)”), Dated 24.02.2025 For The A.Y. 2021-22. 2. The Revenue Has Raised The Following Grounds Of Appeal :

For Appellant: Shri B.G. Reddy, AdvocateFor Respondent: : Shri Narendra Kumar Naik
Section 115JSection 143(2)Section 143(3)

selected for scrutiny under CASS, and accordingly, notice under Section 143(2) of the Act was issued on 27.06.2022. In view of the international transactions entered into by the assessee during the relevant previous year, the case was referred to the learned Transfer Pricing Officer ITA No.710/Hyd/2025 ... relating the issue of corporate guarantee does not involve any costs to the assessee and does not fall within the scope of the term ‘international transaction’ even after the insertion of explanation to section 92B of the Act by Finance Act, 2012 with effect from 01/04/2002, and, therefore, there

Joint Commissioner of Income Tax (OSD), Corporate Circle-1, Coimbatore vs. Zf Wind Power Coimbatore Private Limited, Coimbatore

ITA 246/CHNY/2025[2013]Status: DisposedITAT Chennai01 Aug 2025

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 245 & 246/Chny/2025 निर्धारण वर्ष/Assessment Years:2012-13 & 2013-14 & C.Ο No.21/Chny/2025 [In I.T.A. No.245/Chny/2025] The Joint Commissioner Of Income Tax (Osd), Corporate Circle 1, Coimbatore Vs. Zf Wind Power Coimbatore Pvt. Ltd., Plot No.3, Hi Tech Engineering & Service Sector Sez, Annur Road, Village Kittampalayam & Karumathampatty, Coimbatore – 641 659. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent/Cross Objector) राजस्व की ओर से /Revenue By : Shri P.K. Senthil Kumar, Addl.Cit निर्धारिती की ओर से/Assessee By : Shri Ashik Shah, Ca & Ms. Soundariya, Ca सुनवाई की तारीख/Date Of Hearing : 15.07.2025 घोषणा की तारीख/Date Of Pronouncement : 01.08.2025 आदेश /O R D Er Per George George K: These Appeals Filed By The Revenue Are Directed Against Two Orders Of The Commissioner Of Income Tax (Appeals), Chennai-16 Both Dated 28.11.2024 Passed U/S.250 Of The Income Tax Act (Hereinafter The 'Act'). The Relevant Assessment Years Are 2012-13 & 2013-14. The Assessee Has Also Filed Cross Objection For

For Appellant: Shri Ashik Shah, CA &For Respondent: Shri P.K. Senthil Kumar, Addl.CIT
Section 143(2)Section 144C(4)Section 250Section 92C

course of assessment proceedings, the case was referred to the Transfer Pricing Officer (TPO) to determine the arm's length price of the International transactions undertaken by the assessee with its AEs. The TPO passed an order u/s.92CA(3) of the Act on 22.01.2016 proposing TP adjustment of Rs.6 ... assessee in export to the AE segment, export incentives and scrap sales are to be included as operating income of assessee, while benchmarking international transactions of assessee. Accordingly, as the scrap sales form part and parcel of the operating income of the appellant, the TPO/AO is directed to include