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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 Ul India Pvt. Ltd., Bangalore vs. DCIT, Bangalore

In the result, appeal of the Assessee is partly allowed

ITA 655/BANG/2016[2011-12]Status: DisposedITAT Bangalore24 Feb 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.574/Bang/2015 Assessment Year : 2010-11 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Kalyani Platina – Block I, 3Rd Floor, 24, Epip Circle -7(1)(1), Zone, Phase – 2Nd, Whitefield, Bengaluru. Bengaluru – 560 066. Pan : Aaacu 2468 F Appellant Respondent It(Tp)A No.378/Bang/2015 Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Appellant Respondent C.O.No.127/Bang/2015 (In It(Tp)A No.378/Bang/2015) Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Cross Objector Respondent It(Tp)A No.655/Bang/2016 Assessment Year : 2011-12 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Bengaluru – 560 066. Circle -7(1)(1), Pan : Aaacu 2468 F Bengaluru. Appellant Respondent

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92C

Transfer Pricing Officer ("TPO") and the Honourable Dispute Resolution Panel ("DRP") have erred in law and facts of the case in proposing a transfer pricing adjustment under section 92CA of the Income Tax Act, 1961 ("the Act") to the following international transactions of the Appellant with its Associated Enterprises ... immediately after Ground No.28. 1. Ground No. 6: The Learned TPO/AO has grossly erred in not appreciating the fact that the transfer pricing adjustments if any should be restricted only to the extent of the international transactions with the AEs. 2.Ground No. 8( i) The Appellant in Ground

Ul India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, appeal of the Assessee is partly allowed

ITA 574/BANG/2015[2010-11]Status: DisposedITAT Bangalore24 Feb 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.574/Bang/2015 Assessment Year : 2010-11 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Kalyani Platina – Block I, 3Rd Floor, 24, Epip Circle -7(1)(1), Zone, Phase – 2Nd, Whitefield, Bengaluru. Bengaluru – 560 066. Pan : Aaacu 2468 F Appellant Respondent It(Tp)A No.378/Bang/2015 Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Appellant Respondent C.O.No.127/Bang/2015 (In It(Tp)A No.378/Bang/2015) Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Cross Objector Respondent It(Tp)A No.655/Bang/2016 Assessment Year : 2011-12 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Bengaluru – 560 066. Circle -7(1)(1), Pan : Aaacu 2468 F Bengaluru. Appellant Respondent

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92C

Transfer Pricing Officer ("TPO") and the Honourable Dispute Resolution Panel ("DRP") have erred in law and facts of the case in proposing a transfer pricing adjustment under section 92CA of the Income Tax Act, 1961 ("the Act") to the following international transactions of the Appellant with its Associated Enterprises ... immediately after Ground No.28. 1. Ground No. 6: The Learned TPO/AO has grossly erred in not appreciating the fact that the transfer pricing adjustments if any should be restricted only to the extent of the international transactions with the AEs. 2.Ground No. 8( i) The Appellant in Ground

DCIT, Bangalore vs. M/S U.L. India Pvt. Ltd., Bangalore

In the result, appeal of the Assessee is partly allowed

ITA 378/BANG/2015[2010-11]Status: DisposedITAT Bangalore24 Feb 2022AY 2010-11

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.574/Bang/2015 Assessment Year : 2010-11 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Kalyani Platina – Block I, 3Rd Floor, 24, Epip Circle -7(1)(1), Zone, Phase – 2Nd, Whitefield, Bengaluru. Bengaluru – 560 066. Pan : Aaacu 2468 F Appellant Respondent It(Tp)A No.378/Bang/2015 Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Appellant Respondent C.O.No.127/Bang/2015 (In It(Tp)A No.378/Bang/2015) Assessment Year : 2010-11 The Deputy Commissioner Of Income Tax, Vs. M/S. Ul India Pvt. Ltd., Circle -7(1)(1), Bengaluru – 560 066. Bengaluru. Pan : Aaacu 2468 F Cross Objector Respondent It(Tp)A No.655/Bang/2016 Assessment Year : 2011-12 M/S. Ul India Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, Bengaluru – 560 066. Circle -7(1)(1), Pan : Aaacu 2468 F Bengaluru. Appellant Respondent

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92C

Transfer Pricing Officer ("TPO") and the Honourable Dispute Resolution Panel ("DRP") have erred in law and facts of the case in proposing a transfer pricing adjustment under section 92CA of the Income Tax Act, 1961 ("the Act") to the following international transactions of the Appellant with its Associated Enterprises ... immediately after Ground No.28. 1. Ground No. 6: The Learned TPO/AO has grossly erred in not appreciating the fact that the transfer pricing adjustments if any should be restricted only to the extent of the international transactions with the AEs. 2.Ground No. 8( i) The Appellant in Ground

Asst CIT (Ltu) 2, Mumbai vs. Asian Paints Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed as directed above

ITA 4675/MUM/2015[2010-11]Status: DisposedITAT Mumbai23 Feb 2022AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Asst. Commissioner Income Asian Paints Ltd. Tax, (Large Taxpayer Unit)-2, 6A Shanti Nagar, Cuffe Parade,, 29 Th Floor, Santacruz (East), World Trade Centre, Cuffee Mumbai-400 055 Vs. Parade, Mumbai-400 005 (Respondent) (Appellant) Pan No. Aaaca3622K Asian Paints Ltd. Vs. Addl. Commissioner Of 6A Shanti Nagar, Income Tax-Ltu Cuffe Parade,, 29 Th Floor, Santacruz (East), Mumbai-400 055 World Trade Centre, Cuffee Parade, Mumbai-400 005 (Appellant) (Respondent) Appellant By : Shri Milind Chavan, Sr Dr Respondent By : Shri Madhur Agrawal, Advocate Date Of Hearing: 09.12.2021 Date Of Pronouncement : 23.02 .2022 O R D E R Per Prashant Maharishi, Am: 01. These Are Cross Appeals Filed By Asian Paints Ltd [Appellant/Assessee] & The Additional Commissioner Of Income Tax – Large Taxpayers Unit

For Appellant: Shri Milind Chavan, Sr DRFor Respondent: Shri
Section 14ASection 35

learned Commissioner of Income Tax (Appeals) -55, Mumbai erred in disallowing Rs. 0.90 lacs on account of Transfer Pricing adjustments for non recovery of charges for providing letter of support / comfort. 2) The learned Commissioner of Income Tax (Appeals) -55, Mumbai erred in disallowing claim for Long-term capital loss ... arising on account of buyback of shares amounting to Rs. 885.23 lacs on being transfer-pricing adjustment. 3) The learned Commissioner of Income Tax (Appeals) -55, Mumbai erred in applying Rule 8D & confirming the disallowance to the tune of Rs. 58.23 lacs u/s 14A of the Income

ITO 1(3)(2), Mumbai vs. Suntech Peripherals P.Ltd, Mumbai

The appeal stands dismissed

ITA 3502/MUM/2017[2012-13]Status: DisposedITAT Mumbai18 Feb 2022AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No. 3502/Mum/2017 (धििाारण वर्ा / Assessment Year: 2012-13 Ito – 1(3)(2) M/S Suntech Peripherals Pvt. Ltd. 5Th Floor, R. No. 541 बिाम 2-B, Prem Kutir, 177 Aaykar Bhavan, M. K. Road Babubhai Chinoi Road / Vs. Mubmai-400 020 Marine Drive, Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aabcs-6873-P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Prakash Jotwani – Ld. Ar Revenue By : Shri Hoshang Boman Irani – Ld. Dr ुनवाई की तारीख/ : 24/11/2021 Date Of Hearing घोषणा की तारीख / : 18/02/2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-3, Mumbai [Cit(A)], Dated 28/02/2017 In The Matter Of Assessment Framed By Ld. Ao U/S 143(3) On 30/03/2015. The Grounds Raised By The Revenue Read As Under: - 1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Erred In Deleting The Addition Of Share Premium Received On The Ground That It Was A Capital Receipt When In Reality There Is Accretion To Assets Without A Corresponding Increase In Claimable Liability (Shares & Premium Reserve) & Therefore Determining The Nature Of Such Receipt Of Share Premium As Income On It Remaining

For Appellant: Shri Prakash Jotwani – Ld. ARFor Respondent: Shri Hoshang Boman Irani – Ld. DR
Section 143(3)Section 68

No.2 of 2015 and Hon'ble Bombay High Court decision in the case of Vodafone India Services Pvt. Ltd. where in issue of transfer pricing adjustment is involved, whereas the issue on hand is different and hence the said case law and Board's Instruction is not applicable ... share issue was on account of a capital account transaction and does not give rise to income and hence, not liable to transfer pricing adjustment. 2. It is hereby informed that the Board has accepted the decision of the High Court of Bombay in the above mentioned Writ Petition

Sami-Sabinsa Group Limited (Formerly Sami Labs Limited), Bangalore vs. Deputy Commissioner of Income Tax Circle-6(1)(1), Bangalore

In the result, appeals filed by assessee for both the years stands partly allowed for statistical purposes

ITA 3353/BANG/2018[2014-15]Status: DisposedITAT Bangalore18 Feb 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A Nos. 2764/Bang/2017 & 3353/Bang/2018 Assessment Years : 2013-14 & 2014-15 M/S. Sami –Sabinsa Group Ltd. (Formerly The Deputy Sami Labs Ltd.), Commissioner Of No. 19/1 & 19/2, I Main, Income Tax, Ii Phase, Circle 6 (1)(1), Peenya Industrial Area, Vs. Bangalore. Bangalore – 560 058. Pan: Aadcs2549E Appellant Respondent Assessee By : Ms. Bhavya Bansal, Ca : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 15-02-2022 Date Of Pronouncement : 18-02-2022 Order Per Beena Pillaipresent Appeals Filed By Assessee Against The Final Assessment Order Undated For A.Y. 2013-14 & 23.10.2018 For A.Y. 2014-15 Passed By Ld.Dcit, Circle – 6 (1)(1), Bangalore. The Above Appeals Are Disposed Of By Way Of A Common Order As Common Issues Arises On Identical Facts. For The Sake Of Convenience, We Are Reproducing The Grounds Raised By Assessee For Assessment Year 2013-14. Page 2 Of 7 It(Tp)A Nos. 2764/Bang/2017 & 3353/Bang/2018

For Appellant: Ms. Bhavya Bansal, CA
Section 92BSection 92C

assessee stands allowed for statistical purposes. Ground nos. 5-10 becomes academic at this juncture as the entire assessment in respect of transfer pricing adjustment has been remanded to the Ld.AO/TPO for de novo consideration based on the directions hereinabove. These grounds may be considered by the Ld.AO/TPO

M/S Sami-Sabinsa Group Limited (Formerly Sami Labs Limited), Bangalore vs. Deputy Commissioner of Income Tax Circle-6(1)(1), Bangalore

In the result, appeals filed by assessee for both the years stands partly allowed for statistical purposes

ITA 2764/BANG/2017[2013-14]Status: DisposedITAT Bangalore18 Feb 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A Nos. 2764/Bang/2017 & 3353/Bang/2018 Assessment Years : 2013-14 & 2014-15 M/S. Sami –Sabinsa Group Ltd. (Formerly The Deputy Sami Labs Ltd.), Commissioner Of No. 19/1 & 19/2, I Main, Income Tax, Ii Phase, Circle 6 (1)(1), Peenya Industrial Area, Vs. Bangalore. Bangalore – 560 058. Pan: Aadcs2549E Appellant Respondent Assessee By : Ms. Bhavya Bansal, Ca : Shri Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 15-02-2022 Date Of Pronouncement : 18-02-2022 Order Per Beena Pillaipresent Appeals Filed By Assessee Against The Final Assessment Order Undated For A.Y. 2013-14 & 23.10.2018 For A.Y. 2014-15 Passed By Ld.Dcit, Circle – 6 (1)(1), Bangalore. The Above Appeals Are Disposed Of By Way Of A Common Order As Common Issues Arises On Identical Facts. For The Sake Of Convenience, We Are Reproducing The Grounds Raised By Assessee For Assessment Year 2013-14. Page 2 Of 7 It(Tp)A Nos. 2764/Bang/2017 & 3353/Bang/2018

For Appellant: Ms. Bhavya Bansal, CA
Section 92BSection 92C

assessee stands allowed for statistical purposes. Ground nos. 5-10 becomes academic at this juncture as the entire assessment in respect of transfer pricing adjustment has been remanded to the Ld.AO/TPO for de novo consideration based on the directions hereinabove. These grounds may be considered by the Ld.AO/TPO