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“related party transaction”

DisallowancesSection 40A(2)(b)Section 40A(2)(b)490 judgments

The decision most relied on for related party transaction is Eastern Investments Ltd. v. CIT (38 ITR 601), cited in 346 judgments on BharatTax.

Leading authorities on related party transaction

Eastern Investments Ltd. v. CIT
38 ITR 601 · 1960 · Supreme Court
346
citing judgments

Expenditure must be commercially expedient for carrying on the business, and it is not for revenue authorities to dictate how an assessee should conduct its business. The court will not question the business expediency of a transaction, even if a third party also benefits.

Sassoon J. David & Co. Pvt. Ltd. v. CIT
118 ITR 261 · 1979 · Supreme Court
323
citing judgments

An expense incurred by an assessee for its own business, such as advertising, marketing, and promotional (AMP) expenses, cannot be disallowed merely because it incidentally or indirectly benefits the assessee's sister concerns or associated enterprises.

Everest Kanto Cylinders Ltd. v. DCIT
34 Taxmann.com 19 · 2013 · ITAT
64
citing judgments

A transfer pricing adjustment for corporate guarantees provided by an Indian entity to its Associated Enterprises (AEs) where no fees are charged can be estimated at approximately 0.20%. The arm's length principle applies to such intra-group corporate guarantee transactions.

Knorr-Bremse India (P) Ltd. v. ACIT
380 ITR 307 · 2016 · High Court
63
citing judgments

When transactions are part of a package deal with a composite price or are interdependent such that an assessee must accept all of them together, they must be aggregated and treated as a single international transaction for transfer pricing purposes.

Kamleshbhai Dharamshibhai Patel v. CIT
31 Taxmann.com 50 · 2013 · High Court
58
citing judgments

Documents found in the possession of a searched person are presumed to belong to that person under Section 132(4A) and do not automatically belong to a third party merely because the transactions recorded therein pertain to or relate to such third party.

Genesis Integrating Systems India Pvt Ltd. v. DCIT
53 SOT 159 · 2012 · ITAT
57
citing judgments

Companies with significantly different turnovers (e.g., one above Rs. 200 crores and another below) cannot be considered comparable in transfer pricing analysis. Turnover is a relevant factor in assessing comparability.

CIT v. Shatrunjay Diamonds
261 ITR 258 · 2003 · High Court
50
citing judgments

The assessee bears the initial burden to maintain and produce authentic documentation under Section 92D and Rule 10D to justify transactions with related parties, especially concerning the arm's length price for such transactions under Section 40A(2)(b). The discharge of this statutory obligation to maintain accurate data is a mandatory requirement of law.

CIT v. Bhooratnam & Co.
357 ITR 396 · 2013 · High Court
48
citing judgments

An assessee is entitled to credit for TDS even if the certificate is issued in the name of a joint venture or related party, provided the income to which the TDS relates is offered by the assessee. This principle emphasizes looking at the substance of the transaction over strict adherence to the name on the TDS certificate.

Judgments citing related party transaction

Black Knight India Solutions Private Limited, Hyderabad vs. Assistant Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result, the appeal filed by assessee stands allowed on ground no

ITA 230/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 230/Bang/2021 Assessment Year : 2016-17 M/S. Black Knight India Solutions Pvt. Ltd., The Assistant 6-3-1192-2-1, Htc Commissioner Of Towers, Kundanbagh, Income Tax, Begumpet, Circle – 1(1)(2), Hyderabad, Vs. Bangalore. Telangana – 500 016. Pan: Aaccl2956K Appellant Respondent : Shri S.P. Chidambaram, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 26-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Final Assessment Order Dated 30.03.2021 Passed By The Ld.Ao In National E-Assessment For Assessment Year 2016-17 On Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Final Assessment Order Dated 30 March 2021 (And Received By The Appellant On 30 March 2021) Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income-Tax Officer, National E-Assessment

For Respondent: Shri S.P. Chidambaram
Section 144Section 144C(5)Section 92C

TPO/AO/DRP erred in accepting Persistent Systems Limited and Aspire Systems (India) Private Limited without appreciating that it is failing related party transactions filter. 9. That on facts and circumstances of the case and in law, the TPO/AO/DRP erred in not applying upper limit for sales turnover filter. Rejection of comparable

Dy CIT-3, Thane vs. M/S Satya Agrolis Pv Ltd, Thane

In the result, the appeal filed by the revenue is dismissed

ITA 1053/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Apr 2022AY 2011-12

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhdcit, Circle-3 Vs. M/S. Satya Sai Room No. 2, 6Th Floor, B- Agroils Pvt Ltd., Wing, Ashar It Park, Plot No. A/474, No. Road No. 16Z, Wagle 34, Wagle Industrial Industrial Estate, Thane Estate, Thane (W) (W) – 400604. 400602. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecs9603E Appellant .. Respondent Appellant By : Mr. B.K Bagchi.Dr Respondent By : Mr.Vartik Choksi.Ar Date Of Hearing 05.04.2022 Date Of Pronouncement 18.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Cit(A)-5, Pune Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal.

For Appellant: Mr. B.K Bagchi.DRFor Respondent: Mr.Vartik Choksi.AR
Section 143(1)Section 143(2)Section 143(3)

form no. 3CB and 3CD had been furnished by the appellant. The auditor did not point out any mistake /discrepancy pertaining to related party transactions u/s. 40A(2). The AO also had not pointed out any discrepancy in the accounts with reference to bills and vouchers etc. Therefore ... book, were the Audited financial statements are placed and a disclosure at Schedule 18 notes on account, the statutory auditors have disclosed the related party transactions which includes the sale of goods to holding company and the A.O. has accepted the facts. The Ld.DR could not controvert the findings

Accc 30, Mumbai vs. United Shippers Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed and appeal filed by the AO is dismissed

ITA 3036/MUM/2012[2007-08]Status: DisposedITAT Mumbai26 Apr 2022AY 2007-08

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm The Asst. Commissioner Of United Shippers Ltd. United India Bldg, 2N D Floor, Sir Income-Tax, Circle-30 R.No. 403, 4Th Floor, P.M. Road , Vs. Aayakar Bhavan, M.K. Marg, Fort, Mumbai-400 020 Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaacu0764C The Asst. Commissioner Of United Shippers Ltd. Income-Tax, Circle-30 United India Bldg, 2N D Floor, Sir R.No. 403, 4Th Floor, P.M. Road , Vs. Ayakar Bhavan, Fort, M.K. Marg, Mumbai-400 001 Mumbai-400 020 (Appellant) (Respondent)

For Appellant: Shri Madhur Agarwal, AdvocateFor Respondent: Shri Ms. Vatsalaa Jha, CIT DR
Section 14ASection 92Section 92CSection 92C(3)

turnkey project arose out of executed projects of public sector undertakings and further it did not pass the filter of 25% of related party transactions. The decision of the honourable Delhi High Court was also based on the decision of the Mumbai bench of ITAT in case of above case ... also a listed company at Bombay stock exchange and National stock exchange. The assessee has not shown that there are significant related party transactions in the logistics segment of this comparable company. Further, merely because a comparable company has a shareholding of government of India it does not become