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“transfer pricing adjustment”

Transfer PricingSection 92CSection 92C2,153 judgments

The decision most relied on for transfer pricing adjustment is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 judgments on BharatTax.

Leading authorities on transfer pricing adjustment

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.

CIT v. Everest Kento Cylinders Ltd.
378 ITR 57 · 2015 · High Court
304
citing judgments

Corporate guarantee fees are subject to transfer pricing rules, and adjustments may be needed to account for differences between corporate guarantees and more liquid bank guarantees when determining arm's length price.

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.

Sony India (P) Ltd. v. DCIT
114 ITD 448 · 2008 · ITAT
131
citing judgments

For transfer pricing purposes, functionally dissimilar entities that have significant business differences must be excluded from the list of comparables for benchmarking analysis. It also provides guidance on the non-allocation of advertisement, marketing, and promotion (AMP) expenses to other entities when incurred solely for the assessee's business.

CIT v. Cushman & Wakefield (India) (P.) Ltd.
367 ITR 730 · 2014 · High Court
120
citing judgments

This case determines the Arm's Length Price (ALP) for intra-group services and reimbursements, clarifying when charges constitute services warranting a mark-up versus mere pass-through costs. It provides guidance on the circumstances under which an ALP adjustment, including an ALP of 'nil', is appropriate for such transactions.

Whirlpool of India Ltd. v. DCIT
381 ITR 154 · 2016 · High Court
119
citing judgments

Advertisement, Marketing, and Promotion (AMP) expenditure incurred by an Indian entity directly benefits its own business and cannot be automatically treated as an international transaction for global brand building by associated enterprises without specific statutory provisions or proper analysis.

CIT v. Tata Autocomp Systems Ltd.
56 Taxmann.com 206 · 2015 · High Court
119
citing judgments

When determining the arm's length price for interest on a foreign currency loan advanced to an Associated Enterprise, the Indian Prime Lending Rate is not applicable. Instead, the interest rate should be benchmarked based on the prevailing foreign currency rate, such as EURIBOR, or the rate in the country where the loan is received/consumed.

Kolhapur Canesugar Works Ltd. v. Union of India
2 SCC 536 · 2000 · Reported
117
citing judgments

Section 6 of the General Clauses Act, which preserves rights and liabilities under repealed statutes, does not automatically apply to a mere omission of a statutory provision unless the omitting enactment specifically provides for it, thereby affecting the continuation of pending proceedings.

Judgments citing transfer pricing adjustment

DCIT Corporate Circle 3 (2), Chennai vs. M/S Vestas Wind Technology India Private Limited, Chennai

In the result, the appeal of the assessee & Revenue for AYs 2011-

ITA 3024/CHNY/2019[2012-13]Status: DisposedITAT Chennai31 Dec 2024AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadishit (Tp) A No.3/Chny/2018 निर्धारणवर्ष/Assessment Year: 2011-12 M/S.Vestas Wind Technology- India Pvt. Ltd., No.298, Rajiv Gandhi Salai, Sholinganallur, Chennai-600 119. [Pan: Aaaca 9274 F] (अपीलार्थी/Appellant) V. The Dy. Commissioner- Of Income Tax, Corporate Circle-3(2), Chennai. (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.3024/Chny/2019 निर्धारणवर्ष/Assessment Year: 2012-13 The Dy. Commissioner- Of Income Tax, Corporate Circle-3(2), Chennai. V. M/S.Vestas Wind Technology- India Pvt. Ltd., No.298, Rajiv Gandhi Salai, Sholinganallur, Chennai-600 119. [Pan: Aaaca 9274 F] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) Assessee By Department By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : Shri N.V.Balaji, Adv. : Shri A. Sasikumar, Cit : 08.10.2024 : 31.12.2024 It (Tp) A No.3/Chny/2018 For Ay 2011-12 &

Section 144CSection 195Section 40Section 9(1)(vii)

case of LI & Fung India (P.) Ltd. (79 taxmann.com 451), the Tribunal is noted to have set aside the quantification of transfer pricing adjustment with the specific direction to undertake fresh determination of arm's length price on the basis of correct cost base of the assessee

Cummins Generator Technologies India Private Limited, Pune vs. The Assessment Unit, Income Tax Department, NFAC and the ACIT, Circle 1(1), Pune

In the result, appeal of the assessee is partly allowed

ITA 1641/PUN/2024[2020-21]Status: DisposedITAT Pune19 Dec 2024AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपीलसं. / Ita No.1641/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Cummins Generator V The Assessment Unit, Technologies India Pvt. Ltd., S Income Tax Department, Tower A, 6Th Floor, Cummins Nfac & The Acit, India Offie Campus, Balewadi, Circle-1(1), Pune. Pune – 411045. Pan: Aabcc1533E Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shir Prakash L Pathade – Cit(Dr) Date Of Hearing 05/12/2024 Date Of Pronouncement 19/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer Passed Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 Dated 07.06.2024; To Give Effect To The Order Of Dispute Resolution Panel Dated 18.05.2024. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. Ground For Not Following The Directions Of The Hon'Ble Dispute Resolution Panel (Hereinafter Referred To As "Drp")

Section 143(3)Section 144BSection 92C

Appellant by holding that international transaction of payment of royalty by the Appellant is not at arm's length. 2. General Ground: Transfer pricing adjustment of INR 3,29,56,988/- 2.1 On the facts and in circumstances of the case and in law, the Ld. AO/TPO pursuant ... procedural scenario, is not sustained.” 5 5.1 Thus, Dispute Resolution Panel held that objection of the appellant succeeds. DRP specifically held that the Transfer Pricing Adjustment proposed by TPO of Rs.3,29,56,988/- on account of Royalty is not sustainable. Once DRP has given a specific finding that

Shell Global Solutions International B.V, Mumbai vs. The ACIT, Intl. Taxn.-2, Ahmedabad

In the result, the appeal of the assessee is partly allowed, while the CO filed by the Revenue is dismissed

ITA 1783/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad18 Dec 2024AY 2015-16

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No.20/Ahd/2022 Assessment Year : 2014-15 & 1783/Ahd/2019 Assessment Year : 2015-16 Shell Global Solutions International B.V.,, Acit, International C/O. Bsr Associates & Llp Vs Taxation-1 903, Commerce House V Ahmedabad. Nr.Vodafone House Prahaladnagar Corporation Road, Ahmedabad. Pan : Aaics 3589 H (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar : Dr. Darsi Suman Ratnam, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 05/09/2024 & 06/12/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/12/2024

Section 143(3)Section 144C

ITAT in the preceding years in the case of the assessee. It was, however, stated that with respect to the issues raised regarding transfer pricing adjustment made to the international transactions entered into by the assessee there were some distinguishing facts/proposition of law which needed to be brought ... Asst.Year 2015-16. ITA No.2390/Ahd/2018 – assessee’s appeal for Asst.Year 2014-15 5. Ground No.1 raised by the assessee reads as under: “1. Transfer Pricing Adjustment of INR 220,39,59,249 1.1. The learned AO / TPO has erred on the facts and in law and learned DRP has further

Shell Global Solutions International B.V, Mumbai vs. The ACIT, Intl. Taxn.-1, Ahmedabad

In the result, the appeal of the assessee is partly allowed, while the CO filed by the Revenue is dismissed

ITA 2390/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad18 Dec 2024AY 2014-15

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No.20/Ahd/2022 Assessment Year : 2014-15 & 1783/Ahd/2019 Assessment Year : 2015-16 Shell Global Solutions International B.V.,, Acit, International C/O. Bsr Associates & Llp Vs Taxation-1 903, Commerce House V Ahmedabad. Nr.Vodafone House Prahaladnagar Corporation Road, Ahmedabad. Pan : Aaics 3589 H (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar : Dr. Darsi Suman Ratnam, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 05/09/2024 & 06/12/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/12/2024

Section 143(3)Section 144C

ITAT in the preceding years in the case of the assessee. It was, however, stated that with respect to the issues raised regarding transfer pricing adjustment made to the international transactions entered into by the assessee there were some distinguishing facts/proposition of law which needed to be brought ... Asst.Year 2015-16. ITA No.2390/Ahd/2018 – assessee’s appeal for Asst.Year 2014-15 5. Ground No.1 raised by the assessee reads as under: “1. Transfer Pricing Adjustment of INR 220,39,59,249 1.1. The learned AO / TPO has erred on the facts and in law and learned DRP has further

DCIT, Circle- 8(1), New Delhi vs. E.I. Dupont India P. Ltd., Gurgaon

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 7454/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Dec 2024AY 2008-09

Bench: Shri M. Balaganesh & Shri Sudhir Kumarcorteva Agriscience India Pvt Ltd Vs. Dcit, (Earlier Known As E.I. Dupont P. Circle-11(1), Ltd), 17Th Floor, Tower-C, Dlf New Delhi Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Dcit, Vs. Corteva Agriscience India Circle-11(1), Pvt Ltd (Earlier Known As E.I. Dupont P. Ltd), 17Th New Delhi Floor, Tower-C, Dlf Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Assessee By : Shri Deepak Chopra, Adv Shri Harpreet Singh Ajmani, Adv Shri Pulkit Pandey, Adv Revenue By: Shri Chetan Rao, Cit Dr Date Of Hearing 25/09/2024 Date Of Pronouncement 19/12/2024

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Chetan Rao, CIT DR
Section 144C

facts in not holding the order of the Learned Assessing Officer ("AO") being bad in law, illegal and without jurisdiction. 2) Grounds for Transfer Pricing Adjustment made to Administrative Support Services ("IGS") availed by the Appellant from its Associated Enterprises (AES) 3.1 That the Ld. CIT(A) erred ... allocated have been held at arm's length by the Ld. TPΟ. ITA No. 7454/Del/2017 Corteva Agriscience India Pvt Ltd 3) Grounds for Transfer Pricing Adjustment made to Provision of Administrative Support Services Segment 4.1 The Ld. TPO erred in law in rejecting the valid transfer pricing analysis carried

E.I. Dupont India P. Ltd., Gurgaon vs. DCIT, Circle- 11(1), New Delhi

In the result, the appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 6879/DEL/2017[2008-09]Status: DisposedITAT Delhi18 Dec 2024AY 2008-09

Bench: Shri M. Balaganesh & Shri Sudhir Kumarcorteva Agriscience India Pvt Ltd Vs. Dcit, (Earlier Known As E.I. Dupont P. Circle-11(1), Ltd), 17Th Floor, Tower-C, Dlf New Delhi Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Dcit, Vs. Corteva Agriscience India Circle-11(1), Pvt Ltd (Earlier Known As E.I. Dupont P. Ltd), 17Th New Delhi Floor, Tower-C, Dlf Cyber Greens, Sector-25A, Phase-3, Gurgaon (Appellant) (Respondent) Pan: Aaace2462M Assessee By : Shri Deepak Chopra, Adv Shri Harpreet Singh Ajmani, Adv Shri Pulkit Pandey, Adv Revenue By: Shri Chetan Rao, Cit Dr Date Of Hearing 25/09/2024 Date Of Pronouncement 19/12/2024

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri Chetan Rao, CIT DR
Section 144C

facts in not holding the order of the Learned Assessing Officer ("AO") being bad in law, illegal and without jurisdiction. 2) Grounds for Transfer Pricing Adjustment made to Administrative Support Services ("IGS") availed by the Appellant from its Associated Enterprises (AES) 3.1 That the Ld. CIT(A) erred ... allocated have been held at arm's length by the Ld. TPΟ. ITA No. 7454/Del/2017 Corteva Agriscience India Pvt Ltd 3) Grounds for Transfer Pricing Adjustment made to Provision of Administrative Support Services Segment 4.1 The Ld. TPO erred in law in rejecting the valid transfer pricing analysis carried

L'Oreal India Private Limited, Mumbai vs. Income Tax Department, Mumbai

ITA 4577/MUM/2024[2020-21]Status: DisposedITAT Mumbai16 Dec 2024AY 2020-21

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarl'Oreal India Private V/S. Assistant Commissioner Of Limited, A-Wing, 8Th Floor, Marathon Futurex, N.M. Joshi Marg, Lower Parel, Mumbai Maharashtra 400 013, बनाम Income Tax- 7(1)(1), Aayakar Bhavan, M.K. Road, Mumbai 400020, Maharashtra स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacl0738K Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant By : Shri Niraj Sheth Respondent By : Ms. Neena Jeph (Cit Dr) Date Of Hearing 19.11.2024 Date Of Pronouncement 16.12.2024 आदेश / Order Per Prabhash Shankar [Α.Μ.] This Is An Appeal Filed By The Assessee, Challenging The Assessment Order Passed By The Assessing Officer/Transfer Pricing Officer (‘Tpo' For Short) Pursuant To The Direction Of The Hon'Ble Dispute Resolution Panel ('Drp' For Short), Passed U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Act Relevant To The Assessment Year (A.Y. For Short) 2020-21.The Assessee Has Challenged The Grounds Of Transfer Pricing Adjustment On Account Of Advertisement, Marketing & Promotion (Amp) Expenses. Following Are The Grounds Raised By The Assessee: Page 2

For Appellant: Shri Niraj ShethFor Respondent: Ms. Neena Jeph (CIT DR)
Section 143(3)Section 4Section 92Section 92BSection 92C

r.w.s. 144C(13) r.w.s. 144B of the Act relevant to the Assessment Year (A.Y. for short) 2020-21.The assessee has challenged the grounds of transfer pricing adjustment on account of advertisement, marketing and promotion (AMP) expenses. Following are the grounds raised by the assessee: Page 2 ITA No. 4577/Mum/2024