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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

Technimont Spa India Project Office, Mumbai vs. Addl DIT (It) RG 2, Mumbai

In the result, the appeal of the assessee is allowed

ITA 691/MUM/2013[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.691/Mum/2013 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Tecnimont Spa India बिधम/ Additional Director Of Office Income Tax-(It)-Range-2 Vs. Tecnimont Icb House, 1St Floor, R. No. 108, Chincholi Bunder, 504 Link Scindia House, Ballard Road, Malad (W), Mumbai- Estate, N. M. Road, 400064. Mumbai-400038. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact8224A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri M. P. Lohia/ Shri Pranav Gandhi Revenue By: Ms. Vatsalaa Jha (Dr) सुनवाई की तारीख / Date Of Hearing: 10/08/2022 घोषणा की तारीख /Date Of Pronouncement: 30/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Hereinafter “Ao”) Dated 30.11.2012 Passed U/S 143(3) Read With Section 144C(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Only Issue Is Regarding The Transfer Pricing Adjustment Made By The Ao Pursuant To The Dispute Resolution Panel (Drp) Direction. According To The Ld. Ar, The Assessee Is A Foreign Company Incorporated At Milan, Italy & It Has A Project Office In India Which Is The Permanent Establishment (Pe). According To The Ld. Ar, The Assessee Has Been Awarded A Project By M/S. Indian Oil Corporation (Hereinafter “M/S. Iocl”) At Panipat Project. The Assessee In Turn Has Awarded The Same Project To Two (2) Of Its Associated Enterprises/Ae’S

For Appellant: Shri M. P. Lohia/ Shri PranavFor Respondent: Ms. Vatsalaa Jha (DR)
Section 143(3)Section 144C(1)Section 92B

outset, the Ld. AR of the assessee brought to our notice that the only issue is regarding the Transfer Pricing Adjustment made by the AO pursuant to the Dispute Resolution Panel (DRP) direction. According to the Ld. AR, the assessee is a Foreign Company incorporated at Milan, Italy ... been accepted at arm’s length in the hands of the associated enterprises of the appellant and thereby being mirror transaction, no transfer pricing adjustment is warranted in the hands of the appellant.” 6. At the outset, the Ld. AR brought to our notice that the scrutiny assessment

Deputy Commissioner of Income Tax Officer Circle-3(1)(1), Bangalore vs. M/S Fmc India Private Limited, Bangalore

In the result, appeal filed by assessee stands partly allowed and appeal filed by revenue stands allowed for statistical purposes

ITA 2732/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Sept 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Fmc India Pvt. The Assistant Ltd., Commissioner Of Embassy Star 1St Floor, Income Tax, No. 8 Palace Road, Circle 3(1)(1), Bangalore – 560 052. Bangalore. Vs. Pan: Aaacf4579N Appellant Respondent & Assessment Year : 2013-14 (By Revenue) Assessee By : Shri Nageswar Rao, Advocate Revenue By : Smt. S. Praveena, Cit Drp-2 Date Of Hearing : 07-07-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By The Assessee & Revenue Against Order Dated 23/07/2018 Passes By The Ld.Cit(A)-3, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Smt. S. Praveena, CIT DRP-2
Section 250Section 37(1)

Without prejudice to other Grounds of appeal, the learned AO/TPO and the learned CIT(A) have erred in not restricting transfer pricing adjustments to transactions with Associated Enterprises, in the nature of purchase of materials, in proportion such transactions with Associated Enterprises bear to total operating cost of the Appellant ... Ground no. 10 and Additional Ground No. 17 stands allowed for statistical purposes. 19. Additional Ground No.16 is in respect of restricting the transfer pricing adjustment to international transaction. 19.1 The assessee seeks to restrict the transfer pricing adjustment to international transactions entered with A.E, the Ld. A.R. placed

M/S Fmc India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-3(1)(1), Bangalore

In the result, appeal filed by assessee stands partly allowed and appeal filed by revenue stands allowed for statistical purposes

ITA 2611/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Sept 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Fmc India Pvt. The Assistant Ltd., Commissioner Of Embassy Star 1St Floor, Income Tax, No. 8 Palace Road, Circle 3(1)(1), Bangalore – 560 052. Bangalore. Vs. Pan: Aaacf4579N Appellant Respondent & Assessment Year : 2013-14 (By Revenue) Assessee By : Shri Nageswar Rao, Advocate Revenue By : Smt. S. Praveena, Cit Drp-2 Date Of Hearing : 07-07-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By The Assessee & Revenue Against Order Dated 23/07/2018 Passes By The Ld.Cit(A)-3, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Smt. S. Praveena, CIT DRP-2
Section 250Section 37(1)

Without prejudice to other Grounds of appeal, the learned AO/TPO and the learned CIT(A) have erred in not restricting transfer pricing adjustments to transactions with Associated Enterprises, in the nature of purchase of materials, in proportion such transactions with Associated Enterprises bear to total operating cost of the Appellant ... Ground no. 10 and Additional Ground No. 17 stands allowed for statistical purposes. 19. Additional Ground No.16 is in respect of restricting the transfer pricing adjustment to international transaction. 19.1 The assessee seeks to restrict the transfer pricing adjustment to international transactions entered with A.E, the Ld. A.R. placed

M/S. Dell International Services India Private Limited ( Formerly Known As Dell Computer India Private Limited), Bangalore vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result, appeal of the assessee is partly allowed

ITA 392/BANG/2021[2004-05]Status: DisposedITAT Bangalore28 Sept 2022AY 2004-05

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.392/Bang/2021 Assessment Year : 2004-05 M/S. Dell International Services The Deputy Commissioner Vs. India Pvt. Ltd., Of Income Tax, (Formerly Known As Dell Circle – 2(1)(1), Computer India Pvt. Ltd.,) Bengaluru. 12/1A, 12/2A, 13/1A, Diyashree Greens, Challaghatta Village, Varthur Hobli, Bengaluru-560 071. Pan : Aaach 1925 Q Appellant Respondent Assessee By : Smt. Tanmayee Rajkumar, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bangalore Date Of Hearing : 26.09.2022 Date Of Pronouncement : 28.09.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 26.04.2021, Passed By The Dcit, Circle – 2(1)(1), Bengaluru, Under Section 143(3) R.W.S. 144C R.W.S. 254 Of The Income Tax Act, 1961 (Hereinafter Called The ‘Act’) In Relation To Assessment Year 2004-05. 2. The Assessee Is The Subsidiary Of Dell International Usa & Is Engaged In The Provision Of Call Centre Support Services, Back-Office Support Services & Offshore Development Support Services [Software Development (“Swd”)] To Its Associated Enterprises (“Aes”). The Assessee Provided The Aforesaid Services To It(Tp)A No.392/Bang/2021 Page 2 Of 12

For Appellant: Smt. Tanmayee Rajkumar, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bangalore
Section 143(3)Section 92Section 92C

determined ALP of the aforesaid 3 international transactions and consequently additions were made to the total income by way of transfer pricing adjustment towards the call centre support services, back-office support services segments and SWD segments. Thereafter, an Assessment Order dated 27.12.2006 came to be passed incorporating the aforesaid