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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, New Delhi vs. M/S. Thomson Holding India Pvt. Ltd., New Delhi

In the result, the appeal of the assessee as well as revenue stands dismissed

ITA 869/DEL/2014[2009-10]Status: DisposedITAT Bangalore31 Oct 2022AY 2009-10

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2009-10 M/S. Thomson Holding India Pvt. Ltd., C/O Robinson Air The Deputy Services Central Commissioner Of Income Warehousing Tax, Corporation, Circle – 16(1), Opp. Sbi Colony, New Delhi. Rana Pratap Bagh, Vs. G.T. Karnal Road, New Delhi – 110 033. Pan: Aacct0862G Appellant Respondent & Assessment Year : 2009-10 M/S. Technicolor India Pvt. Ltd., (Formerly Known As Thomson The Deputy Holdings India Pvt. Ltd.), Commissioner Of 306-308, 3Rd Floor, Income Tax, Bestech Chambers Circle – 16(1), Block B, Sushant Lok-I, New Delhi. Vs. Gurgaon, Haryana – 122 009. Pan: Aacct0862G Appellant Respondent : Shri Mukesh Butani, Assessee By Advocate : Shri Sunil Kumar Singh, Revenue By Cit-Dr

For Respondent: Shri Mukesh Butani
Section 920(2)

That on facts and circumstances of the case and in law, the AO/ Transfer Pricing Officer ("TPO") erred in making transfer pricing adjustments and the Dispute Resolution Panel ("DRP") further erred in upholding the adjustment to extent of INR 68,02,330 in respect of the international transactions, alleging that ... subjective basis. 5. That on the facts and circumstances of the case and in law. the AO/ DRP/ TPO erred in making a transfer price adjustment of INR 15,82,837 in respect of the international transactions under trading function on account of purchase of spare parts and components from

M/S. Thomson Holdings India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal of the assessee as well as revenue stands dismissed

ITA 1911/DEL/2014[2009-10]Status: DisposedITAT Bangalore31 Oct 2022AY 2009-10

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2009-10 M/S. Thomson Holding India Pvt. Ltd., C/O Robinson Air The Deputy Services Central Commissioner Of Income Warehousing Tax, Corporation, Circle – 16(1), Opp. Sbi Colony, New Delhi. Rana Pratap Bagh, Vs. G.T. Karnal Road, New Delhi – 110 033. Pan: Aacct0862G Appellant Respondent & Assessment Year : 2009-10 M/S. Technicolor India Pvt. Ltd., (Formerly Known As Thomson The Deputy Holdings India Pvt. Ltd.), Commissioner Of 306-308, 3Rd Floor, Income Tax, Bestech Chambers Circle – 16(1), Block B, Sushant Lok-I, New Delhi. Vs. Gurgaon, Haryana – 122 009. Pan: Aacct0862G Appellant Respondent : Shri Mukesh Butani, Assessee By Advocate : Shri Sunil Kumar Singh, Revenue By Cit-Dr

For Respondent: Shri Mukesh Butani
Section 920(2)

That on facts and circumstances of the case and in law, the AO/ Transfer Pricing Officer ("TPO") erred in making transfer pricing adjustments and the Dispute Resolution Panel ("DRP") further erred in upholding the adjustment to extent of INR 68,02,330 in respect of the international transactions, alleging that ... subjective basis. 5. That on the facts and circumstances of the case and in law. the AO/ DRP/ TPO erred in making a transfer price adjustment of INR 15,82,837 in respect of the international transactions under trading function on account of purchase of spare parts and components from

Medreich Limited, Bangalore vs. Assistant Commissioner of Income Tax, Central Circle-1(2), Bangalore

In the result, the appeal filed by the assessee stands allowed as indicated hereinabove

ITA 451/BANG/2022[2017-18]Status: DisposedITAT Bangalore21 Oct 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 451/Bang/2022 Assessment Year : 2017-18 M/S. Medreich Ltd., No. 12/8, Medreich The Assistant House, Commissioner Of Saraswati Ammal Income Tax, Street, Central Circle – Maruti Seva Nagar, 1(2), Vs. Bangalore – 560 033. Bangalore. Pan: Aabcm1458Q Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca : Shri Praveen Karanth, Revenue By Cit-Dr Date Of Hearing : 27-07-2022 Date Of Pronouncement : 21-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Passed By The Ld.Acit, Central Circle – 1(2), Bangalore Dated 26/04/2022 For A.Y. 2017-18 On Following Grounds Of Appeal: “General Ground 1.1 The Learned Assistant Commissioner Of Income Tax, Central Circle-1(2), Bangalore (`A0') Erred In Passing The Assessment Order Under Section 143(3) R.W.S 144C(13) Of The Income Tax Act, 1961 (`The Act) In The Manner Passed

For Respondent: Shri Padam Chand
Section 143(3)Section 14ASection 92B

same in bad in law and liable to be quashed in its entirety. Transfer Pricing Grounds 2. Grounds relating to transfer pricing adjustments 2.1 The learned AO has erred in making a reference to TPO for determining arm's length price without demonstrating as to why it was necessary ... erred in confirming the action of the learned AO: 2.2 The learned AO, TPO and Hon'ble DRP have erred in a) making transfer pricing adjustment of Rs. 29,12,546; b) not appreciating that there is no amendment to the definition of "income" and charging or computation provision relating

Essilor India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 448/BANG/2022[2017-18]Status: DisposedITAT Bangalore21 Oct 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 448/Bang/2022 Assessment Year : 2017-18 M/S. Essilor India Pvt. Ltd., 10Th Floor, Prestige The Deputy Trade Tower, Commissioner Of 46, Palace Road, Income Tax, High Grounds Circle – 2(1)(1), Sampangi Rama Bangalore. Vs. Nagar, Bengaluru – 560 001. Pan: Aaace4623J Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Shri Praveen Karanth, Revenue By Cit-Dr Date Of Hearing : 27-07-2022 Date Of Pronouncement : 21-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 31/03/2022 Passed By The National Faceless Assessment Centre, Delhi For A.Y. 2017-18 On Following Grounds Of Appeal:

For Appellant: Shri Chavali Narayan, CA
Section 142(1)Section 143(2)Section 14ASection 92Section 92C

margin was 4.04 per cent. Therefore, applying the transactional net margin method it must be stated that there was no question of a transfer pricing adjustment on account of advertisement, marketing and sales promotion expenditure. The advertisement, marketing and sales promotion expenses incurred by MSIL could not be treated ... Whirlpool of India Ltd. (supra), it was held that there had to be an international transaction with a certain disclosed price. The transfer pricing adjustment envisages the substitution of the price of such international transaction with the arm's length price. The transfer pricing adjustment was not expected

M/.S Synamedia India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 6(1)(2), Bangalore

In the result, the appeal filed by assessee stands allowed in respect of the issues argued and considered hereinabove

ITA 2595/BANG/2019[2015-16]Status: DisposedITAT Bangalore21 Oct 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2595/Bang/2019 Assessment Year : 2015-16 M/S. Synamedia India Pvt. Ltd., Block 9A & 9B, The Deputy Pritech Park, Commissioner Of Survey No. 51-64/4, Income Tax, Sarjapur Outer Ring Circle – 6(1)(2), Road, Bengaluru. Vs. Bellandur Village, Bengaluru – 560 103. Pan: Aaccn1140K Appellant Respondent Assessee By : Shri Ankur Pai, Advocate : Shri Praveen Karanth, Revenue By Cit-Dr Date Of Hearing : 28-07-2022 Date Of Pronouncement : 21-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 29/10/2019 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For A.Y. 2014-15 On Following Grounds Of Appeal:

For Appellant: Shri Ankur Pai, Advocate
Section 143(2)

ACIT (2015- TII-347-ITAT-DEL-TP) wherein it is held that, interest on receivables is an international transaction and the transfer pricing adjustment is warranted. He stated that Page 47 of 51 IT(TP)A No. 2595/Bang/2019 Finance Act, 2012 inserted Explanation to Section 92B, with retrospective effect from ... arising during course of business is an international transaction, he submitted that any delay in realization of same needs to be considered within transfer pricing adjustment, on account of interest income short charged or uncharged. It was argued that insertion of Explanation with retrospective effect covers assessment year under consideration