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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

Philips Foods India Private Limited, Tuticorin vs. PCIT-1, Madurai

ITA 640/CHNY/2023[2016-17]Status: DisposedITAT Chennai30 Sept 2024AY 2016-17

Bench: Shri Mahavir Singh & Shri Amitabh Shuklaआयकर अपील सं./Ita No. 640/Chny/2023 निर्धारण वर्ष /Assessment Year: 2016-17 Philips Foods India Private Limited, The Principal Commissioner Of Vs. C-75 / 76, Sipcot Industrial Complex, Madathoor, Tuticorin - 628008 [Pan: Aabcp7916Q] Madurai-1 (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Ashik Sha, Ca, Mr.Vinay Jain Ca, Shri Nilay Baran Som, Cit प्रत्यर्थी की ओर से /Revenue By : सुनवाई की तारीख/Date Of Hearing : 05.09.2024 घोषणा की तारीख / Date Of Pronouncement : 30.09.2024 आदेश / Order Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Rev/F/Rev5/2022-23/1051684572(1) Dated 30.03.2023 Of The Learned Principal Commissioner Of Income Tax [Herein After “Pcit" For The

For Appellant: Shri Ashik Sha, CA
Section 143(3)Section 263Section 92C

premise that the assessment was completed by the National e-assessment Center by making reference to TΡΟ for determining arm's length pricing qua International transactions undertaken by the assesse. It was submitted that the impugned report submitted by the TPO forms the basis of the income determined ... November 30, 2016 under Section 139(1) of the Income-tax Act, 1961 declaring a total income of Rs.2,81,88,910/-. The international transactions with Associated Enterprises were duly reported in the Accountant's Report in Form 3CEB filed in accordance with the provisions of Indian Transfer Pricing Regulations

Toshiba Transmission and Distribution System (India) Private Limited, Rudraram vs. Asst. Commissioner of Income Tax, Circle-81), Hyderabad

In the result, appeal of the assessee is allowed for statistical purpose

ITA 103/HYD/2020[2015-16]Status: DisposedITAT Hyderabad26 Sept 2024AY 2015-16

Bench: Shri Manjunatha G. & Shri Prakash Chand Yadavआ.अपी.सं / Ita Tp No.103/Hyd/2020 (निर्धारण वर्ा / Assessment Year: 2015-16) Toshiba Transmission & Distribution Vs. Acit, Circle-8(1) Systems (India) Private Ltd. Hyderabad Hyderabad [Pan :Aaect6883F] अपीलधर्थी / Appellant प्रत्‍यर्थी / Respondent निर्धाररती द्वधरध/Assessee By: Ms.Kranthi,Ar & Shri Kc Devdas, Ar रधजस्‍व द्वधरध/Revenue By: Shri B.Bala Krishna, Cit-Dr

For Appellant: Ms.Kranthi,AR and Shri KC Devdas, ARFor Respondent: Shri B.Bala Krishna, CIT-DR
Section 142(1)Section 195Section 40Section 92C

were issued to assessee. 3. During the course of assessment proceedings, the Assessing Officer ( AO) observed that the assessee company entered into international transactions of Rs.17,43,44,386/- and specified domestic transactions of Rs.8,59,38,647/- with associate enterprises(AE) during the year and accordingly with the prior ... passed an order u/s 92CA(3) of the Act, dated 30.10.2018. 4. Ld TPO interalia proposed an adjustment of Rs.98,99,600/- on the international transactions entered into by the assessee with the associated enterprises. Which adjustments were incorporated by the AO in draft assessment order. 5. Aggrieved with