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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

Technimont Spa India Project Office, Mumbai vs. Addl DIT (It) RG 2, Mumbai

In the result, the appeal of the assessee is allowed

ITA 691/MUM/2013[2008-09]Status: DisposedITAT Mumbai30 Sept 2022AY 2008-09

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.691/Mum/2013 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Tecnimont Spa India बिधम/ Additional Director Of Office Income Tax-(It)-Range-2 Vs. Tecnimont Icb House, 1St Floor, R. No. 108, Chincholi Bunder, 504 Link Scindia House, Ballard Road, Malad (W), Mumbai- Estate, N. M. Road, 400064. Mumbai-400038. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaact8224A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri M. P. Lohia/ Shri Pranav Gandhi Revenue By: Ms. Vatsalaa Jha (Dr) सुनवाई की तारीख / Date Of Hearing: 10/08/2022 घोषणा की तारीख /Date Of Pronouncement: 30/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Hereinafter “Ao”) Dated 30.11.2012 Passed U/S 143(3) Read With Section 144C(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That The Only Issue Is Regarding The Transfer Pricing Adjustment Made By The Ao Pursuant To The Dispute Resolution Panel (Drp) Direction. According To The Ld. Ar, The Assessee Is A Foreign Company Incorporated At Milan, Italy & It Has A Project Office In India Which Is The Permanent Establishment (Pe). According To The Ld. Ar, The Assessee Has Been Awarded A Project By M/S. Indian Oil Corporation (Hereinafter “M/S. Iocl”) At Panipat Project. The Assessee In Turn Has Awarded The Same Project To Two (2) Of Its Associated Enterprises/Ae’S

For Appellant: Shri M. P. Lohia/ Shri PranavFor Respondent: Ms. Vatsalaa Jha (DR)
Section 143(3)Section 144C(1)Section 92B

Mumbai Total 197,86,43,497 3. According to the TPO, though the assessee was directed to furnish the TP study determination of Arm’s Length Price (ALP) of the transactions between the PE with TICB and EDTICB which come within the ambit of International transaction as defined ... analysis would not be fair and proper. The first question referred to this Special Bench is whether for the purpose of determining the arm’s length price of international transactions of the assessee company providing back office support services to their overseas associated enterprises, companies performing KPO functions should

Hp Pps Services India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-3(1)(2), Bangalore

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

ITA 278/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Sept 2022AY 2016-17

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 278/Bang/2021 Assessment Year : 2016-17 M/S. Hp Pps Services India Pvt. Ltd., The Deputy No. 24, Salarpuria Commissioner Of Arena, Income Tax, Hosur Main Road, Circle 3 (1)(1), Adugodi, Vs. Bangalore. Bangalore – 560 030. Pan: Aadch5825N Appellant Respondent : Shri Padamchand Assessee By Khincha, Ca : Shri Binod Kumar Singh, Revenue By Cit Dr Date Of Hearing : 22-08-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 29/03/2021 Passed By National E-Assessment Centre, Delhi For A.Y. 2016-17 On Following Grounds Of Appeal. “The Appellant Submits That: I. Transfer Pricing The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. 1. The Learned Assessing Officer ('Learned Ao'), Learned Transfer Pricing Officer ('Learned Tpo') & The Honourable Dispute Resolution Panel ('Hon'Ble Drp')

For Respondent: Shri Padamchand

rejecting comparability analysis carried in the TP documentation and in conducting a fresh comparability analysis by introducing various filters while determining the Arm's Length Price ('ALP'). 5. The learned AO/ learned TPO/ Hon'ble DRP erred on facts and law in not considering the financial data of the preceding ... 278/Bang/2021 2.5 The Ld.TPO observed that, the assessee reported international transactions in respect of Software Development Service (SWD), IT Enabled Services (ITeS). The arm's length price of the international transactions in SWD/ITeS segments provided to the associated enterprises (AE) has been determined by applying Transactional Net Margin Method (TNMM

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

In the result, appeal filed by assessee stands partly allowed and appeal filed by revenue stands allowed for statistical purposes

ITA 2732/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Sept 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Fmc India Pvt. The Assistant Ltd., Commissioner Of Embassy Star 1St Floor, Income Tax, No. 8 Palace Road, Circle 3(1)(1), Bangalore – 560 052. Bangalore. Vs. Pan: Aaacf4579N Appellant Respondent & Assessment Year : 2013-14 (By Revenue) Assessee By : Shri Nageswar Rao, Advocate Revenue By : Smt. S. Praveena, Cit Drp-2 Date Of Hearing : 07-07-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By The Assessee & Revenue Against Order Dated 23/07/2018 Passes By The Ld.Cit(A)-3, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Smt. S. Praveena, CIT DRP-2
Section 250Section 37(1)

held that necessary adjustments pertaining to huge and abnormal fluctuations in the foreign exchange may be allowed to the taxpayer in determining the arm's length price of the international transaction undertaken by the taxpayer. Given the above, the Appellant wishes to submit that in case foreign exchange fluctuation ... made in case of material differences in the transactions or the enterprises being compared so as to arrive at a more reliable arm's length price/ margin. Page 32 of 35 ITA Nos. 2611 & 2732/Bang/2018 While the Indian transfer pricing regulations refer to the adjustments on uncontrolled transactions, however

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

In the result, appeal filed by assessee stands partly allowed and appeal filed by revenue stands allowed for statistical purposes

ITA 2611/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Sept 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Fmc India Pvt. The Assistant Ltd., Commissioner Of Embassy Star 1St Floor, Income Tax, No. 8 Palace Road, Circle 3(1)(1), Bangalore – 560 052. Bangalore. Vs. Pan: Aaacf4579N Appellant Respondent & Assessment Year : 2013-14 (By Revenue) Assessee By : Shri Nageswar Rao, Advocate Revenue By : Smt. S. Praveena, Cit Drp-2 Date Of Hearing : 07-07-2022 Date Of Pronouncement : 29-09-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By The Assessee & Revenue Against Order Dated 23/07/2018 Passes By The Ld.Cit(A)-3, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Smt. S. Praveena, CIT DRP-2
Section 250Section 37(1)

held that necessary adjustments pertaining to huge and abnormal fluctuations in the foreign exchange may be allowed to the taxpayer in determining the arm's length price of the international transaction undertaken by the taxpayer. Given the above, the Appellant wishes to submit that in case foreign exchange fluctuation ... made in case of material differences in the transactions or the enterprises being compared so as to arrive at a more reliable arm's length price/ margin. Page 32 of 35 ITA Nos. 2611 & 2732/Bang/2018 While the Indian transfer pricing regulations refer to the adjustments on uncontrolled transactions, however

M/S Herbalife International India Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-11(4), Bangalore

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

ITA 2068/BANG/2017[2005-06]Status: DisposedITAT Bangalore29 Sept 2022AY 2005-06

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

making an addition of INR 12,59,12,420 to the total income of the Appellant on account of adjustment in the arm's length price with respect to the international transactions of the Appellant. International transaction relating to Export of Finished Goods to Associated Enterprise VAE") 2. Erred ... Appellant to justify the commercial expediency behind export of goods. 4. Erred in considering the net realizable value of local sales as arm's length price for testing the goods exported to AE without appreciating the business and economic factors. 5. Unlawfully presumed estoppel on choice of most appropriate method

M/S Herbalife International India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-11(4), Bangalore

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

ITA 2067/BANG/2017[2003-04]Status: DisposedITAT Bangalore29 Sept 2022AY 2003-04

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2003-04 M/S. Herbalife International India The Deputy Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent & Assessment Year : 2005-06 M/S. Herbalife International India The Assistant Pvt. Ltd., Commissioner Of #14, Pardhanani Income Tax, Wilshire, Circle – 11(4), Commissariat Road, Vs. Bangalore. Bangalore – 560 025. Pan: Aaach8025R Appellant Respondent : Shri Padam Chand Assessee By Khincha, Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 06-09-2022 Date Of Pronouncement : 29-09-2022

For Respondent: Shri Padam Chand
Section 250Section 253

making an addition of INR 12,59,12,420 to the total income of the Appellant on account of adjustment in the arm's length price with respect to the international transactions of the Appellant. International transaction relating to Export of Finished Goods to Associated Enterprise VAE") 2. Erred ... Appellant to justify the commercial expediency behind export of goods. 4. Erred in considering the net realizable value of local sales as arm's length price for testing the goods exported to AE without appreciating the business and economic factors. 5. Unlawfully presumed estoppel on choice of most appropriate method

Continuserve Softech India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result, the appeal by the Assessee is partly allowed

ITA 242/BANG/2021[2016-17]Status: DisposedITAT Bangalore23 Sept 2022AY 2016-17

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.242/Bang/2021 Assessment Year : 2016-17 Vs. Dcit, M/S. Continuserve Softech India Pvt. Ltd., Circle – 2(1)(1), Prathik Tech Park, 2Nd & 3Rd Floor, Bengaluru. Sy. No.93/1, Veerasandra Village, Attibele Hobli, Hosur Road, Electronic City Phase 1, Bengaluru – 560 100. Pan : Aaacc 8342 A Assessee Respondent Assessee By : Shri. Darpan Kirpalani, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 22.09.2022 Date Of Pronouncement : 23.09.2022 O R D E R Per N V Vasudevan

For Appellant: Shri. Darpan Kirpalani, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92(1)Section 92B(1)

terms of Sec.92(1) of the Act, the any income arising from an international transaction shall be computed having regard to the arm’s length price. In this appeal by the Assessee, the dispute is with regard to determination of Arms’ Length Price (ALP) in respect of the international transaction ... claimed by the Assessee. TPO computed the Addition to total income on account of adjustment to ALP as follows: “21.4. Computation of Arm's Length Price: 21.4.1 The median of the weighted average Profit Level indicators is taken as the arm's length margin. Please see Annexure A for details

M/S. Te Connectivity India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 2, Ltu, Bangalore

In the result, all these appeals are partly allowed

ITA 2593/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 Sept 2022AY 2015-16

Bench: Shri N. V. Vasudevan & Shri.Chandra Poojariit(Tp)A Nos. & Appellant Respondent Assessment Year 2593/Bang/2019 M/S. Te Connectivity India Private Limited, Acit, 2015-16 Te Park, 22B, Doddenakundi Corporation, Circle – 2, 2Nd Phase, Industrial Area, Large Taxpayer Unit, Whitefield Road, Bengaluru Bengaluru – 560 048. Pan: Aabct 7374 C 372/Bang/2021 -Do- -Do- 2016-17 200/Bang/2022 -Do- Dcit, Ltu, 2017-18 Circle – 2, Bengaluru. 716/Bang/2022 -Do- Acit, 2018-19 Circle – 7(1)(1), Bengaluru. Assessee By : Shri Sriram Seshadri, Advocate Revenue By : Shri Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.09.2022 Date Of Pronouncement : 23.09.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri Sriram Seshadri, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 92Section 92ASection 92F

international IT(TP)A Nos.2593/Bang/2019, 372/Bang/2021, 200 and 716/Bang/2022 Page 3 of 21 transaction with AE has to be determined having regard to Arm’s Length Price (ALP). Section 92F define Arm’s Length Price as the price applied (or proposed to be applied) when two unrelated persons enter into ... also one of the dispute in these four appeals. 7. We shall take up for consideration the issue with regard to determination of Arm’s Length Price, i.e., Transfer Pricing issues. The transfer pricing analysis undertaken by the assessee in the Transfer Pricing Study was in the following manner: Manufacturing

Mega Soft Limited, Chennai vs. DCIT, Chennai

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

ITA 733/CHNY/2017[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.733/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 M/S.Mega Soft Ltd., V. The Dy. Commissioner – No.85, Kutchery Road, Of Income Tax, Mylapore, Chennai-600 004. Corporate Circle-4(1), Chennai. [Pan: Aabcm 8933 A] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.M.Muraleedhara Reddy,Ca & Mr.Nagaprasad, Ca ""यथ" क" ओर से /Respondent By : Dr.S.Palani Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 28.07.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.09.2022

For Respondent: Dr.S.Palani Kumar, CIT
Section 144(5)Section 144C(13)Section 92B

assessee has raised the following grounds of appeal: 1. The Assessing Officer (AO) ' Dispute Resolution Panel (DRP) erred in making upward adjustment in Arm's Length Price (ALP). M/s.Mega Soft Ltd. :: 2 :: 2. The AO/DRP erred in rejecting the Comparable Uncontrolled Price (CUP) method in the current year without passing ... Appellant to its Associated Enterprises? M/s.Mega Soft Ltd. :: 3 :: 16.Whether the AO/DRP is right in not disclosing the most appropriate method for determining Arm’s Length Price on provision of corporate guarantee? 17.Whether the AO/DRP is right in fixing the arm’s length price for providing corporate guarantee

Iron Mountain Services Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

ITA 307/BANG/2022[2017-18]Status: DisposedITAT Bangalore20 Sept 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.307/Bang/2022 Assessment Year : 2017-18 M/S. Iron Mountain Services Private Limited, Vs. The Deputy Commissioner Of Income Tax, Level 10, Citrine Building Bagmane World Circle – 3(1)(1), Technology Centre, 4, Outer Ring Road, Bengaluru. Mahadevpura, Bengaluru – 560 048. Pan : Aahcm 2578 F Appellant Respondent Appellant By : Shri. Chavali Narayanan, Ca Respondent By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 20.09.2022 Date Of Pronouncement : 20.09.2022 O R D E R Per N. V. Vasudevan: This Appeal By The Assessee Is Directed Against The Order Dated 27.02.2022 Of National Faceless Assessment Centre (Nfac), Delhi, (Hereinafter Referred To As The Assessing Officer, “Ao” In Short) Passed U/S.143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 (Act) In Relation To Assessment Year 2017-18. 2. The Assessee In Engaged In The Business Of Provision Of Information Technology Enabled Services (Ites), To Its Wholly Owned Holding Company. In Terms Of The Provisions Of Sec.92-A Of The Act, The Assessee & Its Wholly

For Appellant: Shri. Chavali Narayanan, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92(1)Section 92B(1)Section 92C

terms of Sec.92(1) of the Act, the Any income arising from an international transaction shall be computed having regard to the arm’s length price. In this appeal by the assessee, the dispute is with regard to determination of Arms’ Length Price (ALP) in respect of the international transaction ... follows: Particulars Amount (INR) Arm's length median margin as per comparable set 24.37% Operating Cost (OC) 273,355,139 Arm's Length Price (ALP') = 124.37% of OC 339,971,787 Price Received 313,855,118 Short fall being adjustment u/s. 92CA 26,116,669 Thus a sum of Rs.2