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“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

Unilever Industries Private Ltd, Mumbai vs. ACIT Range 1(3)(1), Mumbai

In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed

ITA 1015/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Dec 2022AY 2016-17

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleunilever Industries Pvt Vs. Acit, Range – 1(3)(1) Ltd., Room No 504, 5 Floor, Unilever House, Bd Aayakar Bhavan, Sawant Marg, Chakala, M.K.Road, Andheri (E), Mumbai-400020 Mumbai -400099. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu0791P Appellant .. Respondent Appellant By : Ms.Jasmin Amalsadvala & Mr.Hiten Chande.Ar Respondent By : Mr. Jayant Jhaveri.Dr Date Of Hearing 15.12.2022 Date Of Pronouncement 02.01.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed U/S 143(3) & U/Sec144C(13) R.W.S 143(3A) & 143(3B) Of The Income Tax Act, 1961 Passed In Pursuance To The Directions Of The Dispute Resolution Panel (Drp) Order U/S 144C(5) Of The Act Dated 26.02.2021.The Assessee Has Raised The Following Grounds Of Appeal. Unilever Industries Pvt Ltd, Mumbai. General: 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Ao/ Assistant Commissioner Of Income-Tax (Transfer Pricing) -4(2)(2) ("Tpo") Subsequent To The Directions Issued By The Hon'Ble Drp Has Erred In Assessing The Total Income At Rs. 152,67,16,425 As Against Returned Income Of Rs. 116,80,08,280 Computed By The Appellant. 2. Parti-Transfer Pricing Adjustments: Transfer Pricing ('Tp') Adjustment On Account Of Benchmarking & Allocation Of Royalty In Respect Of Provision Of Scientific & Technical Services ('Contract R&D')

For Appellant: Ms.Jasmin Amalsadvala &For Respondent: Mr. Jayant Jhaveri.DR
Section 143(3)Section 144C(5)

case and in law, the learned AO/ TPO erred in making a TP adjustment of Rs. 9,38,84,840/- to the arm's length price of the international transaction relating to scientific and technical services for contract R&D activity recovered by the appellant. 2.1 Without prejudice ... patent and is entitled to the share of royalty. 2.6 The learned AO/TPO failed to appreciate that, as per the DRP directions, arm's length price of contract R&D transaction to be determined protectively, as the Unilever Industries Pvt Ltd, Mumbai. ownership right in patents is being contested