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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

Asst.C.I.T., Bangalore vs. M/S Astrazenca Pharma India Ltd., Bangalore

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 82/BANG/2015[2010-11]Status: DisposedITAT Bangalore14 Oct 2022AY 2010-11

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.82/Bang/2015 : Asst.Year 2010-2011 The Assistant Commissioner Of M/S.Astrazeneca Pharma India Limited, Ni 12Th Floor, Income-Tax, Large Tax Payers Unit V. Manyata Embassy Business, (Ltu) Rachenahalli, Outer Ring Road Bengaluru. Bangalore – 560 045. Pan : Aabca1722B. (Appellant) (Respondent) It(Tp)A No.170/Bang/2015 : Asst.Year 2010-2011 M/S.Astrazeneca Pharma India The Assistant Commissioner Limited, Ni 12Th Floor, Of Income-Tax, Large Tax V. Manyata Embassy Business, Payers Unit (Ltu) Bengaluru. Rachenahalli, Outer Ring Road Bangalore – 560 045. (Appellant) (Respondent) Revenue By : Sri.Manjunath Karkihalli, Cit-Dr Assessee By : Sri.Nageshwar Rao, Advocate Date Of Pronouncement : 14.10.2022 Date Of Hearing : 12.10.2022 O R D E R Per George George K, Jm : These Cross Appeals Are Directed Against Final Assessment Order Dated 31.12.2014 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2010- 2011. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Pharmaceutical Products. It Also Undertakes Co- Ordination Of Clinical Trial Services. For The Assessment Year 2010-2011, The Return Of Income Was Filed Declaring Taxable

For Appellant: Sri.Nageshwar Rao, AdvocateFor Respondent: Sri.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 144CSection 144C(11)Section 92C

international transactions undertaken by the assessee with its AEs. The TPO passed order u/s 92CA of the I.T.Act dated 29.01.2014 proposing Transfer Pricing adjustment of Rs.11,84,06,803. Pursuant to the TPO’s order, draft assessment order was passed dated 28.02.2014, wherein the A.O. incorporated the TP adjustment suggested ... cost base for the purpose of mark up. In paragraph 13 of this order, we have dismissed the Revenue’s appeal. Consequently, the transfer pricing adjustment has been deleted. Therefore, we find grounds 10 and 11 raised in assessee’s appeal is only academic and we dismiss the same. Ground

Astrazeneca Pharma India Limited, Bangalore vs. Asst. C.I.T., Bangalore

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed for statistical purposes

ITA 170/BANG/2015[2010-11]Status: DisposedITAT Bangalore14 Oct 2022AY 2010-11

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.82/Bang/2015 : Asst.Year 2010-2011 The Assistant Commissioner Of M/S.Astrazeneca Pharma India Limited, Ni 12Th Floor, Income-Tax, Large Tax Payers Unit V. Manyata Embassy Business, (Ltu) Rachenahalli, Outer Ring Road Bengaluru. Bangalore – 560 045. Pan : Aabca1722B. (Appellant) (Respondent) It(Tp)A No.170/Bang/2015 : Asst.Year 2010-2011 M/S.Astrazeneca Pharma India The Assistant Commissioner Limited, Ni 12Th Floor, Of Income-Tax, Large Tax V. Manyata Embassy Business, Payers Unit (Ltu) Bengaluru. Rachenahalli, Outer Ring Road Bangalore – 560 045. (Appellant) (Respondent) Revenue By : Sri.Manjunath Karkihalli, Cit-Dr Assessee By : Sri.Nageshwar Rao, Advocate Date Of Pronouncement : 14.10.2022 Date Of Hearing : 12.10.2022 O R D E R Per George George K, Jm : These Cross Appeals Are Directed Against Final Assessment Order Dated 31.12.2014 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2010- 2011. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Pharmaceutical Products. It Also Undertakes Co- Ordination Of Clinical Trial Services. For The Assessment Year 2010-2011, The Return Of Income Was Filed Declaring Taxable

For Appellant: Sri.Nageshwar Rao, AdvocateFor Respondent: Sri.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 144CSection 144C(11)Section 92C

international transactions undertaken by the assessee with its AEs. The TPO passed order u/s 92CA of the I.T.Act dated 29.01.2014 proposing Transfer Pricing adjustment of Rs.11,84,06,803. Pursuant to the TPO’s order, draft assessment order was passed dated 28.02.2014, wherein the A.O. incorporated the TP adjustment suggested ... cost base for the purpose of mark up. In paragraph 13 of this order, we have dismissed the Revenue’s appeal. Consequently, the transfer pricing adjustment has been deleted. Therefore, we find grounds 10 and 11 raised in assessee’s appeal is only academic and we dismiss the same. Ground