← All Phrases

“arm's length price”

Transfer PricingSection 92Section 921,810 judgments

The decision most relied on for arm's length price is CIT v. EKL Appliances Ltd. (345 ITR 241), cited in 422 judgments on BharatTax.

Leading authorities on arm's length price

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.

Chryscapital Investment Advisors (India) Pvt. Ltd. v. DCIT
376 ITR 183 · 2015 · High Court
170
citing judgments

For transfer pricing comparability analysis, companies should not be excluded solely based on higher turnover if they are otherwise functionally comparable, unless the turnover difference reflects fundamental functional dissimilarities, brand value, or risk profiles that materially impact profitability.

PCIT v. Redington (India) Ltd.
430 ITR 298 · 2021 · High Court
132
citing judgments

A corporate guarantee issued to Associated Enterprises (AEs) is an international transaction under Section 92B, requiring adjustments for guarantee commission due to inherent risk. The reasonable arm's length rate for benchmarking such corporate guarantees can be determined using internal or external comparable uncontrolled prices.

Bausch & Lomb Eye Care (India) Pvt. Ltd. v. Additional CIT
381 ITR 227 · 2016 · High Court
127
citing judgments

The existence of an international transaction must be established before its arm's length price can be determined. An alleged 'excessive' AMP expenditure cannot unilaterally expand the scope of an international transaction if its existence is contested.

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.

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.

Judgments citing arm's length price

Juniper Networks Solution India Private Limited, New Delhi vs. Assessment Unit, NFAC Itd, New Delhi

In the result, ground no 3 raised by the assessee is allowed in its favour

ITA 4400/DEL/2024[2020-21]Status: DisposedITAT Delhi24 Oct 2025AY 2020-21

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Juniper Networks Solution India Pvt. Ltd., Vs. Assessment Unit, Unit No.Iia, 06Th Floor, Dlf Centre, Nfac Itd, Parliament Street, Connaught Place, New Delhi – 110 001. (Pan : Aaecj1345A) (Appellant) (Respondent) Assessee By : Shri Sachit Jolly, Sr. Advocate Shri Sandeep Bhalla, Advocate Shri Anurag Singhal, Ca Revenue By : Shri S.K. Jadhav, Cit Dr Date Of Hearing : 05.08.2025 Date Of Order : 24.10.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Preferred By The Assessees Is Directed Against The Assessment Order Dated 27.07.2024 Passed By The Income Tax Department, Assessment Unit U/S 143(3) Read With Section 144C(13)/144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2020-21 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act.

For Appellant: Shri Sachit Jolly, Sr. AdvocateFor Respondent: Shri S.K. Jadhav, CIT DR
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 92C

delete the adjustment of Rs.16,86,93,204. 3. On the facts and circumstances of the case and in law, for determination of arm's length price ('ALP'), the Ld. DRP erred in upholding action of Ld. Assessing Officer/ Ld. TPO in carving out alleged trading segment by not accepting

Assistant Commissioner of Income Tax, Jhandewalan Extension, New Delhi vs. Tvarur and Fats Private Limited, New Delhi

In the result, Appeal of the Revenue in ITA No

ITA 3006/DEL/2024[2016-17]Status: DisposedITAT Delhi24 Oct 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.Assistant Commissioner Vs. Tvarur & Fats Pvt. Ltd. Of Income Tax, Unit No. 101, 102A, First Floor, Room No. 332, 3Rd Floor, Plot No. 9, Realtech Copia, Ara Centre, Jhandewalan Corporate Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent C.O. No. 83/Del/2024 (In Ita No. 3006/Del/2024) Tvarur & Fats Pvt. Ltd. Vs. Assistant Commissioner Of Unit No. 101, 102A, First Income Tax, Floor, Plot No. 9, Room No. 332, 3Rd Floor, Ara Realtechcopia, Corporate Centre, Jhandewalan Suits, Jasola District Extension, New Delhi Centre, New Delhi Pan: Aaect7561Q Appellant Respondent Assessee By Sh. Ashwani Kumar, Ca & Sh. Aditya Kumar, Ca Revenue By Sh. S. K. Jadhav, Cit(Dr) Date Of Hearing 05/08/2025 Date Of Pronouncement 24/10/2025

Section 92C

accordance with the provisions of Section 92CA of the Act, referred the matter to the Transfer Pricing Officer (TPO) for determining the Arm's Length Price (ALP). The DCIT, TPO-3(2)(1), New Delhi passed an order u/s 92CA(3) of the IT Act, on 31.10.2019 rejecting ... Median) as against margin of the assessee at 1.67% (GP/Sales). The AO after considering the facts, vide assessment order dated 19/02/2020, applied the Arm's Length Price taken by TPO and enhanced the income of the Assessee by Rs. 5 ITA No. 3006/Del/2024& C.O. No. 83/Del/2024 ACIT Vs. Tvarur Fats

Thyssenkrupp Industrial Solutions Ag, Mumbai vs. Deputy Commissioner of Income Tax Transfer Pricing Circle -4(2)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3621/MUM/2024[2016-17]Status: DisposedITAT Mumbai15 Oct 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarthyssenkrupp Industrial V/S. Deputy Commissioner Of Solutions Ag बनाम Income Tax,Transfer Pricing C/O Mohinder Puri & Co., 1A- Circle – 4(2)(2), Air India D, Vandhna Building, 11 Building, Nariman Point, Tolstoy Marg, New Delhi – Mumbai–400021, Maharashtra 110 001 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aafcp5301B Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Nishant Thakkar & Ms. J.Amalsadwala,ARsFor Respondent: Shri Pravin Salunkhe, (Sr. DR)
Section 271GSection 273BSection 92DSection 92D(1)Section 92D(3)

Transfer Pricing Study Reports of its Associated Enterprises, by holding that the Appellant ought to have conducted an independent determination of arm’s length price and transfer pricing study 4. That the Hon’ble CTT(A) erred in sustaining the penalty under Section 271G of the Act, by holding that ... assessee during the transfer pricing assessment proceedings were inaccurate or that there was any insufficient information/explanation preventing the TPO from determining the arm's length price. Further, there is no finding recorded by the TPO that the conduct of the assessee lacks bonafides or there any indifference on the part

Schneider Electric Private Limited, Delhi vs. Deputy Commissioner of Income Tax, Circle 22(2), C. R. Building, Delhi

The appeal is allowed partly

ITA 5589/DEL/2024[2021-22]Status: DisposedITAT Delhi15 Oct 2025AY 2021-22

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year: 2021-22 Schneider Electric Private Vs Dcit, Limited, Circle 22(2), C-56, Mayapuri Industrial Area, Delhi. Phase-2, West Delhi, Delhi – 110 064. Pan: Abacs1671F (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate & Ms Tanya, Advocate. Revenue By : Shri S.K. Jadhav, Cit-Dr Date Of Hearing : 20.08.2025 Date Of Pronouncement : 15.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 28.10.2024 Passed By The Assessment Unit, Income-Tax Department (Hereinafter Referred To As The Ld. Ao) U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Ay 2021-22. 2. Heard & Perused The Records. On The Basis Of Submission & Material On Record It Comes Up That Assesse/ Appellant (Sepl) Was Incorporated In 2018 As A Subsidiary Of Schneider Electric Industries Sas (A Wholly Owned Subsidiary Of Schneider Electric Se) & Belgium. It Is A Private Limited Company

For Appellant: Shri Rohit Tiwari, Advocate &For Respondent: Shri S.K. Jadhav, CIT-DR
Section 143(3)

intra group services fees paid by the Appellant to its AEs by rejecting the TP documentation maintained by the Appellant and determining arm’s length price as 'Nil' by applying Comparable Uncontrolled Price Method (“CUP”) Method. The relevant grounds pressed by the assesse are as follows; 3. That on facts ... services and other support services) by the Appellant from its AEs by rejecting the TP documentation maintained by the Appellant and arbitrarily determining arm's length price as 'Nil' by applying Comparable Uncontrolled Price Method (“CUP”) Method. In doing so, Ld. AO/Ld. TPO/ Hon’ble DRP have grossly erred

Assimilate Solutions India Pvt. Ltd., Delhi vs. DCIT Circle, 1(1), Delhi

In the result, the ground raised by the assessee in this regard is dismissed

ITA 5357/DEL/2024[2021-22]Status: DisposedITAT Delhi15 Oct 2025AY 2021-22

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarassimilate Solutions India Private Limited, Vs. Dcit/Acit, C/O Sanjiv Sapra & Associates Llp, Circle 1 (1), Chartered Accountants, New Delhi. C – 763, New Friends Colony, New Delhi – 110 025. (Pan :Aakca4501H) (Appellant) (Respondent) Assessee By : Shri Sanjiv Sapra, Ar Revenue By : Shri Dharam Veer Singh, Cit Dr Date Of Hearing : 30.07.2025 Date Of Order : 15.10.2025 Order Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against Assessment Order Dated 31.12.2015 Passed By The Assessment Unit, Income Tax Department Under Section 143(3) Read With Section 144C(13)R.W.S. 144B Of The Income-Tax Act, 1961 (For Short ‘The Act”) For Assessment Year 2021-22 Pursuant To The Directions Of The Dispute Resolution Panel U/S 144C(5) Of The Act. 2. M/S. Assimilate Solutions India Private Limited, The Assessee Was Incorporated On 19.04,2012 & Is Engaged In The Business Of Providing

For Appellant: Shri Sanjiv Sapra, ARFor Respondent: Shri Dharam Veer Singh, CIT DR
Section 143(2)Section 143(3)Section 144C(13)Section 144C(5)

Assessee during the year under consideration undertook international transaction of exporting 100% of its back office/ITES services to its AE for an arm’s length price (ALP) of Rs.90,30,69,262 which worked out to 12.53% profit level indicator (PLI) of OP/OC. 1.5 Such ALP as declared ... accordance with provisions of the Act read with Income Tax Rules, 1962 ('the Rules') and in modifying the same for determination of arm's length price (‘ALP') by making a transfer pricing (TP') adjustment/addition to the income as declared by the Appellant. (ii) That on the facts and circumstances

Alfanar Energy Private Limited, Gurugram, Haryana, India vs. The Deputy Or Assistant Commissioner of Income Tax, Circle 1(1), Gurugram, Haryana, India

The appeal is allowed partly with consequences to follow as per the directions given to AO/TPO above

ITA 4439/DEL/2024[AY 2020-21]Status: DisposedITAT Delhi15 Oct 2025

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year: 2020-21 Alfanar Energy Private Limited, Vs Dcit, 16Th Floor, Building No.5, Circle-1(1), Block-C, Dlf Cyber City, Gurugram. Phase Iii, Gurugram, Haryana – 122 002. Pan: Aapca2671M (Appellant) (Respondent) Assessee By : Shri Vishal Kalra, Advocate; Ms Reema Grewal, Ca; & Ms Snigdha Gautam, Advocate Revenue By : Shri S.K. Jadhav, Cit-Dr Date Of Hearing : 28.07.2025 Date Of Pronouncement : 15.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 29.07.2024 Of The Dy. Commissioner Of Income-Tax, Circle 1(1), Gurugram (Hereinafter Referred As ‘The Ld. Ao’) For Assessment Year 2020-21 Passed U/S 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’). 2. The Assessee Is Part Of The Multinational Group, Arabian Trading Group Which Is Based Out Of Kingdom Of Saudi Arabia & Is Engaged In Generating, Developing, Accumulating, Distributing & Supplying Electricity By Setting Renewable Energy Power Plants. This Is The First Year Of The Assessment Of The Assessee. During The Year, The Assessee Has Undertaken The Following International Transactions:- International Transactions Transfer Pricing Method Total Value Of International Transactions (In Inr) Issue Of Compulsorily Other Method 2,44,77,26,400 Convertible Debentures (Ccds) Interest On Ccds Comparable Uncontrolled 46,52,90,098 Price (Cup) Method Issue Of Equity Shares Other Method 45,04,31,700

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri S.K. Jadhav, CIT-DR
Section 143(3)

expense allocated or apportioned to, or, as the case may be, contributed by, any such enterprise shall be determined having regard to the arm's length price of such benefit, service or facility, as the case may be. DRP observed that in this case, the TPO has determined that ... Arm's length price of the funding would be "Nil since the funding facility would be an equity infusion arrangement instead of a debt-based one. Thus, the TPO has determined the arm's length price of the funding facility as "Nil". As per the Ld. TPO, the Applicant