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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

M/S. Philips India Limited (Successor to Erstwhile Philips Software Centre Pvt. Ltd.), Kolkata vs. D.C.I.T./A.C.I.T.(Transfer Pricing) - 2, Kolkata

In the result, appeal of the assessee in ITA No

ITA 33/KOL/2023[2004-2005]Status: DisposedITAT Kolkata11 Jun 2024AY 2004-2005

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 32 & 33/Kol/2023 Assessment Year: 2004-05 M/S. Philips India Limited Joint Commissioner Of Income-Tax 3Rd Floor, Tower A Vs (Transfer Pricing-Ii), Bangalore [Presently Deputy Dlf Park, 08 Block Af Commissioner/Assistant Major Arterial Road Commissioner Of Income-Tax New Town Transfer Pricing 2, Kolkata Kolkata - 700156 [Pan : Aabcp9487A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, A.R. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 13/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Even Dt. 15/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2004-05. 2. The Sole Issue Raised In Both The Appeals Is Relating To The Maintainability Of The Appeals Before The Ld. Cit(A) Against The Rectification Orders Passed By The Transfer Pricing Officer (In Short “Tpo”) U/S 154 R.W. Sub-Section (5) To Section 92Ca Of The Act. The Ld. Cit(A) Vide Impugned Orders Has Dismissed The Appeals Of The Assessee Holding That As Per The Provisions Of Section 246A Of The Act, Order U/S 92Ca Or Its Rectification Order U/S 154 Of The Act Passed By The Tpo Is 2

For Appellant: Shri Ketan K. Ved, A.RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 154Section 246ASection 250Section 92C

moto rectification order passed by the ld. TPO u/s 154 of the Act r.w.s. 92CA(5) of the Act, dated 20/12/2007 enhancing the Transfer Pricing adjustments (TP adjustments) after giving opportunity of hearing to the assessee. 5. We have heard rival contention and gone through the record. This ... compared to the suo moto invocation of the provisions of Section 154 by the TPO and thereby enhancing the transfer pricing adjustments and accordingly separate remedies are available in respect of an order passed u/s 154 r.w.s. 92CA(5) of the Act by the ld. TPO rejecting the application moved

M/S. Philips India Limited (Successor to Erstwhile Philips Software Centre Pvt. Ltd.), Kolkata vs. D.C.I.T./A.C.I.T. (Transfer Pricing) - 2, Kolkata

In the result, appeal of the assessee in ITA No

ITA 32/KOL/2023[2004-2005]Status: DisposedITAT Kolkata11 Jun 2024AY 2004-2005

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 32 & 33/Kol/2023 Assessment Year: 2004-05 M/S. Philips India Limited Joint Commissioner Of Income-Tax 3Rd Floor, Tower A Vs (Transfer Pricing-Ii), Bangalore [Presently Deputy Dlf Park, 08 Block Af Commissioner/Assistant Major Arterial Road Commissioner Of Income-Tax New Town Transfer Pricing 2, Kolkata Kolkata - 700156 [Pan : Aabcp9487A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan K. Ved, A.R. Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 13/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Sanjay Garg: The Present Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”), Even Dt. 15/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2004-05. 2. The Sole Issue Raised In Both The Appeals Is Relating To The Maintainability Of The Appeals Before The Ld. Cit(A) Against The Rectification Orders Passed By The Transfer Pricing Officer (In Short “Tpo”) U/S 154 R.W. Sub-Section (5) To Section 92Ca Of The Act. The Ld. Cit(A) Vide Impugned Orders Has Dismissed The Appeals Of The Assessee Holding That As Per The Provisions Of Section 246A Of The Act, Order U/S 92Ca Or Its Rectification Order U/S 154 Of The Act Passed By The Tpo Is 2

For Appellant: Shri Ketan K. Ved, A.RFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 154Section 246ASection 250Section 92C

moto rectification order passed by the ld. TPO u/s 154 of the Act r.w.s. 92CA(5) of the Act, dated 20/12/2007 enhancing the Transfer Pricing adjustments (TP adjustments) after giving opportunity of hearing to the assessee. 5. We have heard rival contention and gone through the record. This ... compared to the suo moto invocation of the provisions of Section 154 by the TPO and thereby enhancing the transfer pricing adjustments and accordingly separate remedies are available in respect of an order passed u/s 154 r.w.s. 92CA(5) of the Act by the ld. TPO rejecting the application moved

Caterpillar India Private Limited, Chennai vs. DCIT Ltu-1, Chennai

The appeal stands partly allowed in terms of our above order

ITA 2749/CHNY/2017[2013-14]Status: DisposedITAT Chennai11 Jun 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2749/Chny/2017 (िनधा;रणवष; / Assessment Year: 2013-14) M/S. Caterpillar India P. Ltd. Dcit 7Th Floor, International Tech Park, बनाम/ Large Taxpayer Unit-1 Taramani Road, Taramani, Chennai. Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (अपीलाथ"/Appellant) : (" थ" / Respondent) & Cross Objection No.22/Chny/2023 (In Ita No.2749/Chny/2017) (िनधा;रण वष; / Assessment Year: 2013-14) Dcit M/S. Caterpillar India P. Ltd. बनाम/ 7Th Floor, International Tech Park, Central Circle-3(3), Chennai-34. Taramani Road, Taramani, Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (Cross-Objector) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri S.P.Chidambaram (Advocate)- Ld. Ar " थ"कीओरसे/Revenue By : Shri A.Sasikumar (Cit)- Ld. Dr सुनवाई की तारीख/Date Of Hearing : 29-05-2024 घोषणा की तारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.P.Chidambaram (Advocate)- Ld. ARFor Respondent: Shri A.Sasikumar (CIT)- Ld. DR
Section 143(3)Section 144C(5)Section 92C

have erred in disallowing a sum of Rs.77,97,40,472. As is evident, the assessee is aggrieved by confirmation of certain Transfer Pricing Adjustments as well as certain corporate adjustments. The issues that fall for our consideration are: (i) Transfer Pricing Adjustment in three segments; (ii) Disallowance of forex

Inabensa Bharat Pvt Ltd., New Delhi vs. DCIT, Circle-12(1), New Delhi

In the result, appeal of the assessee is dismissed

ITA 8128/DEL/2018[2014-15]Status: DisposedITAT Delhi10 Jun 2024AY 2014-15

Bench: Shri Vikas Awasthy & Shri Pradip Kumar Kediaआअसं.8128/िद"ी/2018 (िन.व. 2014-15) Inabensa Bharat P. Ltd., A-225, Double Story, Ground Floor, Kalkaji, New Delhi 110019 ...... अपीलाथ"/Appellant Pan: Aabci0386D बनाम Vs. Deputy Commissioner Of Income Tax, Circle 12(1), C.R Building, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Rajesh Kumar, Cit-Dr सुनवाई क" ितिथ/ Date Of Hearing : 03/06/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 10/06/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 26.10.2018 Passed U/S 143(3) R.W.S 144C(6) Of The Income Tax Act 1961 (Hereinafter Referred To As ‘The Act’), For Assessment Year 2014-15. 2. This Appeal Was Filed By The Assessee In December 2018. Initially The Assessee Was Represented By Shri Ved Jain, Advocate. The Assessee Had Filed An Application For Early Hearing Of Appeal. The Same Was Allowed By The Tribunal

For Appellant: NoneFor Respondent: Shri Rajesh Kumar, CIT-DR
Section 143(3)

grounds assailing the assessment order and the directions of the DRP i.e. (i) Adjustment on account of foreign exchange fluctuation gains; and (ii) Transfer Pricing adjustment in respect of engineering services segment. The assessee is a subsidiary of Abengoa S.A engaged in providing engineering & construction services for electrical, mechanical ... Trading Segment 504,518,505 2 Engineering service 95,989,974 segment Total 600,508,479 5. Aggrieved by the transfer pricing adjustments, the assessee filed objections before the Dispute Resolution Panel (DRP). The DRP vide directions dated 18.09.2018 granted part relief to the assessee. The Assessing Officer passed

Daeseung Autoparts India Private Limited, Kancheepuram vs. ACIT (OSD), Chennai

The appeal stand partly allowed in terms of our above order

ITA 752/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 Jun 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.752/Chny/2017 (िनधा;रणवष; / Assessment Year: 2012-13) M/S. Daeseung Autoparts India Pvt. Ltd. Acit (Osd) Plot No,474, Mannur Village, Corporate Range-1, बनाम/ Vs. Valarpuram Post, Sriperumpudhur Taluk Chennai. Kanchipuram- 602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccd-5629-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Vikram Vijayaraghavan (Advocate)- Ld. Ar " थ"कीओरसे/Respondent By : Shri G. Suresh (Jcit)- Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 28-05-2024 घोषणा की तारीख /Date Of Pronouncement : 04-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Vikram Vijayaraghavan (Advocate)- Ld. ARFor Respondent: Shri G. Suresh (JCIT)- Ld. Sr. DR
Section 143(3)Section 144C(5)Section 154Section 92C

Learned TPO/AO and the DRP erred by applying certain arbitrary quantitative and qualitative filters for the purposes of the comparability analysis. Restriction of transfer pricing adjustment to the value of international transactions 6. The DRP erred in law and in facts by directing the learned AO lo effect the transfer ... only on account of differences in interpretation of facts and opinion. As is evident, the assessee is aggrieved by confirmation of certain transfer pricings adjustments. The assessee is also aggrieved by disallowance of forex loss. 2. The Ld. AR advanced arguments and relied on various case laws, the copies

Mckinsey Knowledge Centre India Pvt. Ltd., Haryana vs. DCIT Circle 16(1), Delhi

In the result, assessee’s appeal is partly allowed for statistical purposes

ITA 475/DEL/2022[2017-18]Status: DisposedITAT Delhi04 Jun 2024AY 2017-18

Bench: Shri Shamim Yahya & Shri Sudhir Kumarmckinsey Knowledge Centre India Pvt. Ltd., Vs. Dcit, Circle 16 (1), 3Rd Floor, Block Iii, Delhi. Vatika Business Park, Sector 49, Sohna Road, Gurgaon – 122 018 (Haryana). (Pan : Aaccm2356G) (Appellant) (Respondent) Assessee By : Shri Porus Kaka, Sr. Advocate Shri Divesh Chawla, Advocate Revenue By : Shri Rajesh Kumar, Cit Dr Date Of Hearing : 24.04.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Assessing Officer Dated 21.01.2022 Pursuant To The Directions Issued By The Drp For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :-

For Appellant: Shri Porus Kaka, Sr. AdvocateFor Respondent: Shri Rajesh Kumar, CIT DR

pricing grounds: 2. On the facts and in the circumstances of the case, the learned AO / TPO/ DRP has erred in making a transfer pricing adjustment of INR 29,97,66,387 to the total income of the Appellant in respect of provision of Research and Information ... submitted during the hearing, if the issues determined in grounds 6 and 15 are adjudicated in favour of the Appellant, no further transfer pricing adjustment would stand. Therefore, submissions are limited to these grounds. 1. Proportionate adjustment for third-party transactions [Ground No.6] Facts 1.1 The Appellant, primarily a captive

Pfizer Healthcare India Private Limited, Chennai vs. ACIT, Circle-1-Ltu, Chennai

In the result, the corporate additions made in the assessment order would not survive

ITA 641/CHNY/2023[2016-17]Status: DisposedITAT Chennai03 Jun 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.641/Chny/2023 (िनधा9रण वष9 / Assessment Year: 2016-17) M/S.Pfizer Healthcare India Pvt. Limited Dcit (Formerly Known As Hospira Healthcare India Corporate Circle-5(2)-Ltu, बनाम/ Private Limited) Chennai. Vs. 237, Emerald Building, Anna Salai, Chennai-600 006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabco-2190-F (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Ashik Shah (Ca)-Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit)-Ld. Dr सुनवाई की तारीख/Date Of Hearing : 09-05-2024 घोषणा की तारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Ashik Shah (CA)-Ld. ARFor Respondent: Shri Nilay Baran Som (CIT)-Ld. DR
Section 143(3)Section 144CSection 144C(15)(b)Section 14ASection 153(1)Section 153(4)Section 2(24)Section 31Section 35Section 92C

transfer pricing proceedings were barred by limitation of time, the order dated November 01, 2019 is void-ab-initio and accordingly, the transfer pricing adjustment is non-est. Consequently, the Appellant cease to be an eligible assessee as defined under section 144C(15)(b) of the Act and therefore ... would be challenged by the assessee on a writ petition and to foreclose any such eventuality, pass an assessment order without incorporating the transfer pricing adjustments. iii) Having taken up such grounds, the assessee is putting up an expectation on part of the Assessing Officer to perform the impossible