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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

D.C.I.T., Bangalore vs. M/S Sap Labs India Pvt. Ltd., Bangalore

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

ITA 437/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

Delhi Tribunal further held that in such circumstances the final assessment order would be same but the addition on account of transfer pricing adjustment arising from the determination of the ALP of the international transaction by the TPO emanating from his time barred order passed u/s. 92CA(3) is unsustainable ... Delhi Bench thus directed for deletion of addition of on account of transfer pricing adjustment made in the final assessment order. Hon’ble Delhi Tribunal held as under:- " B. Time limit for passing of order by the TPO 6.1. The ld. AR also challenged the passing of the order

M/S Quicklogic Software (India) Pvt. Ltd., Bangalore vs. Deputy Commissioner of Income-Tax, Circle-3(1)(1), Bengaluru

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

ITA 181/BANG/2022[2017-18]Status: DisposedITAT Bangalore27 Jul 2022AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 181/Bang/2022 Assessment Year : 2017-18 M/S. Quicklogic Software (India) Pvt. Ltd., No. 10 Brindavan, The Deputy 3Rd Floor, Commissioner Of Yashoda Nagar Main Income Tax, Road, Circle 3(1)(1), Jakkur Plantation, Vs. Bangalore. Bengaluru – 560 064. Pan: Aaacq0656P Appellant Respondent Assessee By : Shri Mahaveer C Jain, Ca : Shri Sumer Singh Meena Cit Revenue By Dr Date Of Hearing : 12-07-2022 Date Of Pronouncement : 27-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 25/01/2022 By The National Faceless Assessment Centre For A.Y. 2017-18 On Following Revised Grounds Of Appeal:

For Appellant: Shri Mahaveer C Jain, CA
Section 142(1)Section 143(2)Section 92C

Software Pvt. Ltd. in the final set. On receipt of the DRP directions, the Ld.AO passed final assessment order by making addition on transfer pricing adjustment amounting to Rs.1,78,89,497/-. Aggrieved by the impugned order, assessee filed the present appeal before this Tribunal. 3. At the outset ... 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 Finance Act, 2012 inserted Explanation to Section 92B, with retrospective effect from 1.4.2002 and sub-clause (c) of clause

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

In the result, appeal of the assessee is partly allowed

ITA 202/BANG/2021[2015-16]Status: DisposedITAT Bangalore26 Jul 2022AY 2015-16

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.202/Bang/2021 Assessment Year :2015-16 M/S. Nike India Pvt.Ltd., Vs. Dcit, Ground & First Floor, Circle – 3(1)(1), Olympia Building, No.66/1, Bagmane Tech Bengaluru. Park, C. V. Raman Nagar, Bengaluru – 560 093. Pan : Aabcn 9612 K Appellant Respondent Assessee By : Shri. K. R. Vasudevan, Advocate Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 21.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Smt. Susan Dolores George, CIT(OSD)(ITAT), Bengaluru
Section 144(3)Section 92C

adjustment on account of determination of ALP of incurring of AMP expenses as follows: “6.16 Computation of Adjustment: The transfer pricing adjustment in respect of AMP, being the amount payable by the AE to the taxpayer, for rendering DEMPE services, is computed as under: Particulars Am oun Excess AMP incurred ... decision rendered in the Assessment Year 2013-14, the Tribunal held as follows: “The next issue relates to transfer pricing adjustment made in respect of Advertisement, Marketing and Promotion expenses (AMP expenses). IT(TP)A No.202/Bang/2021 Page 7 of 38 The assessee had incurred expenditure of Rs.83.13 crores towards

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Company P. Ltd ( Formerly Known As J M Morgan Stanley Securities P. Ltd), Mumbai

In the result, appeal of the learned Assessing Officer is dismissed and appeal of the assessee is partly allowed

ITA 2320/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant) Pan No. Aaacj 4998 F Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant)

For Appellant: Shri Sunil M. Lala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 14ASection 250Section 40Section 40A(2)

deleting the addition made of Rs. 14,82,08,736/- on account of trades executed for MSDW Mauritius and MSIL UK due to Transfer Pricing Adjustment made by the Assessing Officer. 2 On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred ... allowed. 033. Now, we come to the appeal of the learned Assessing Officer. 034. Ground no. 1 and 2 are relating to the Transfer Pricing adjustment. ITA Nos.2206 &2320/Mum2011 Morgan Stanley India Co. P. Ltd; A.Y. 05-06 035. Ground no. 1 relates to transfer priding adjustment with respect

Morgan Stanley India Company P. Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the learned Assessing Officer is dismissed and appeal of the assessee is partly allowed

ITA 2206/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant) Pan No. Aaacj 4998 F Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant)

For Appellant: Shri Sunil M. Lala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 14ASection 250Section 40Section 40A(2)

deleting the addition made of Rs. 14,82,08,736/- on account of trades executed for MSDW Mauritius and MSIL UK due to Transfer Pricing Adjustment made by the Assessing Officer. 2 On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred ... allowed. 033. Now, we come to the appeal of the learned Assessing Officer. 034. Ground no. 1 and 2 are relating to the Transfer Pricing adjustment. ITA Nos.2206 &2320/Mum2011 Morgan Stanley India Co. P. Ltd; A.Y. 05-06 035. Ground no. 1 relates to transfer priding adjustment with respect