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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

Hp India Sales Private Limited, Bangalore vs. Joint Commissioner of Income Tax Ltu, Bangalore

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

ITA 524/BANG/2017[2012-13]Status: DisposedITAT Bangalore18 Aug 2022AY 2012-13

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.524/Bang/2017 : Asst.Year 2012-2013 M/S.Hp India Sales Private The Joint Commissioner Of Limited (Formerly Known As Income-Tax, Ltu V. Bangalore. Hewlett-Packard India Sales Private Limited), 24 Salarpuria Area, Hosur Main Road, Adugodi Bangalore – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj Jain, Sri.Lalit Attal & Sri.Karon Dhanuka, Advoicates Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 18.08.2022 Date Of Hearing : 27.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 03.01.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Import Of Computer Peripherals From Its Associated Enterprises (Aes) For Sale In India & Also Rendered Certain Support Services. The Return Of Income For Assessment Year 2012-2013 Was Filed On 29.02.2012, Admitting Total Income Of Rs.544,61,99,276. The Return Was Revised On 25.03.2014

For Appellant: Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj JainFor Respondent: Sri.Harishchandra Naik, CIT-DR
Section 143(2)Section 143(3)Section 144CSection 92BSection 92C

international transaction with the AEs exceeded the prescribed limit, therefore, the matter was referred to the Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the said transactions. The TPO u/s 92CA of the I.T.Act vide order dated 28.01.2016 proposed TP adjustment of Rs.29 ... expenses without there being any reference from the AO in relation thereto, in addition to its power and jurisdiction to computing Arm's Length Price ("ALP”) of the international transaction actually undertaken by the Appellant and referred by the learned AO to determine arm's length nature of such international

Dell India Private Ltd., Bangalore vs. JCIT, Bangalore

In the result, the appeal filed by the assessee is partly allowed and the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 562/BANG/2015[2010-11]Status: DisposedITAT Bangalore18 Aug 2022AY 2010-11

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, Senior AdvocateFor Respondent: Shri Praveen Karanth, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92C

Additional Commissioner of Income Tax (Transfer Pricing-I), Bangalore ("Transfer Pricing Officer" or "learned TPO") grossly erred in determining an adjustment to the Arm's Length Price ("ALP") of the Appellant's international transactions with Associated Enterprises ("AEs") of Rs. 14,51,54,329/, 15. The learned AO/ learned ... invoking provisions of sub-section (3) of 92C of the Act contending that the information or data used in the computation of the arm's length price is not reliable or correct. 17. The learned AO / learned TPO / Hon'ble DRP erred in ignoring the analysis demonstrating the arm

Tekla India P.Ltd, Navi Mumbai vs. ITO 15(3)(1), Mumbai

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 211/MUM/2016[2011-12]Status: DisposedITAT Mumbai17 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Divesh ChawlaFor Respondent: Shri Milind Chavan
Section 143(3)Section 144C(13)Section 253Section 40

reported in the return of income filed by the Assessee. Transfer Pricing Ground 2. erred in determining the arm's length price (ALP) in respect to the international transaction of management services availed by the Appellant from its Associate Enterprise (AE") at Rs. Nil. Reference to TPO 3. erred ... most appropriate method to benchmark the aforesaid international transaction. Use of method for benchmarking the international transaction 11. erred in holding the arm's length price of the international transaction of management fees at Rs Nil without using any of the five methods prescribed under the Act for benchmarking

Assistant Commissioner of Income Tax Circle-2(3)(1), Mumbai vs. Tata Sons Limited, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4323/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

no.4637/Mum/2016, vide order dated 07/08/2020, for assessment year 2009–10, the Co–ordinate Bench of the Tribunal directed the TPO to consider arm’s length price of corporate guarantee fees at 0.5%, by observing as under: “2.5. At the time of hearing, the Id. AR fairly submitted that the grounds ... transaction are hereby dismissed as not pressed. We find that the Hon'ble Jurisdictional High Court in number of occasions had restricted the Arm's Length Price (ALP) from the guarantee fee to be at 0.5%. We find that these decisions were subsequently followed by the Co-ordinate benches

Tata Sons Ltd., Mumbai vs. ACIT, Cir 2(3)(1), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4221/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

no.4637/Mum/2016, vide order dated 07/08/2020, for assessment year 2009–10, the Co–ordinate Bench of the Tribunal directed the TPO to consider arm’s length price of corporate guarantee fees at 0.5%, by observing as under: “2.5. At the time of hearing, the Id. AR fairly submitted that the grounds ... transaction are hereby dismissed as not pressed. We find that the Hon'ble Jurisdictional High Court in number of occasions had restricted the Arm's Length Price (ALP) from the guarantee fee to be at 0.5%. We find that these decisions were subsequently followed by the Co-ordinate benches

M/S. Xchanging Solutions Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 7(1)(2), Bangalore

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

ITA 2570/BANG/2019[2015-16]Status: DisposedITAT Bangalore16 Aug 2022AY 2015-16
For Respondent: Shri Padam Chand Khincha
Section 133(6)Section 143(3)Section 144C(13)Section 144C(5)

making an addition of INR 11,03,17,720 to the total income of the Appellant on account of adjustment in the arm's length price ("ALP") of the provision of software development services transaction entered by the Appellant with its associated enterprise. 4.2 The learned DRPIAO/TPO have erred ... provisions of the Act read with the Income-tax Rules, 1962 ("Rules") and conducting a fresh economic analysis for the determination of the arm's length price in connection with the impugned international transaction and holding that the Appellant's international transaction is not at arm's length

Jsw Energy Ltd, Mumbai vs. Deputy Commissioner of Income Tax (Transfer Pricing) 2(3)(1), Mumbai

In the result, the appeal is allowed

ITA 1223/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Us Is A Public Company Engaged In The Business Of Generation Of Power & Operation & Maintenance Of The Power Plants, As Also Other Allied Activities. During The Course Of Its Assessment Proceedings, The Assessing Officer Made A Reference Under Section 92Ca(1), For Determination Of The Arm‟S Length Price Of The International Transactions & Specified Domestic Transaction Entered Into By The Assessee With Its Associated Enterprises (Aes), To The Deputy Commissioner Of Income Tax, Assessment Year 2014-15 Page 2 Of 17

Section 271GSection 92CSection 92D

allied activities. During the course of its assessment proceedings, the Assessing Officer made a reference under section 92CA(1), for determination of the arm‟s length price of the international transactions and specified domestic transaction entered into by the assessee with its associated enterprises (AEs), to the Deputy Commissioner ... Transfer Pricing 2(3)(1), Mumbai (hereinafter referred to as the Transfer Pricing Officer’). Based on the determination of the arm‟s length price of the determination of arm‟s length price by the DCIT, arm‟s length price adjustments were made in respect of interest received on loans given

Dy Cti, CC-16(1), Mumbai vs. Shipa Shetty, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 478/MUM/2021[2012-13]Status: DisposedITAT Mumbai11 Aug 2022AY 2012-13
Section 92A(2)(j)Section 92B

within the meaning of “international transaction” as defined in section 92B of the Act. Accordingly, the Assessing Officer took the view that the arm’s length price of services rendered by the assessee to JIPL has to be determined and the same has to be brought ... hands. Accordingly, the Assessing Officer determined the arm’s length price of services rendered by the assessee to JIPL at Rs. 1.50 crores and assessed the same as transfer pricing adjustment in the hands of the assessee. 5. Before learned CIT(A), the assessee submitted that the Assessing Officer

Jardine Lloyd Thomposn India P.Ltd, Mumbai vs. ITO 15(2)(2), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1319/MUM/2015[2010-11]Status: DisposedITAT Mumbai11 Aug 2022AY 2010-11

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1319/Mum/2015 (निर्धारण वर्ा / Assessment Years: 2010-11) Marsh Mclennan Global बिधम/ Ito, Range-15(2)(2) Services India Pvt. Ltd. Aayakar Bhavan, Vs. (Formerly Known As Jardine Mumbai-400020. Lloyd Thompson India Pvt. Ltd.) 1001-A, Supreme Business Park, Hiranandani Gardens, Powai, Mumbai-400076. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcj8288K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nishant Thakkar / Ms. Jasmin Amalsadvala Revenue By: Ms. Samruddhi Hande (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/08/2022 घोषणा की तारीख /Date Of Pronouncement: 11/08/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Challenging The Assessment Order Dated 28.01.2015 Passed For Ay. 2010-11 By Ao U/S 143(3) R.W.S 144C (13) Of The Income Tax Act, 1961 (Hereinafter “The Act”) In Pursuance To The Directions Given By The Ld. Dispute Resolution Panel (Drp).

For Appellant: Shri Nishant Thakkar / Ms. JasminFor Respondent: Ms. Samruddhi Hande (Sr. AR)
Section 143(3)Section 92C(3)

issued by the Hon'ble DRP, has erred in making an upward transfer pricing adjustment of INR 29,289,858 in determining the arm's length price (ALP) of the 2 A.Y. 2010-11 Marsh McLennan Global Services Pvt. Ltd. international transaction pertaining to administrative support and back- office services ... back office support services’ was benchmarked using the Transactional Net Margin Method (TNMM) as the Most Appropriate Method (‘MAM’) to determine the Arm’s Length Price (‘ALP’). The assessee had taken Operating Profit to Total Cost (‘OP/TC’) ratio as the Profit Level Indicator (‘PLI’) under TNMM which worked

The Great Eastern Shipping Co., Mumbai vs. Addl.C.I.T. RG.5(3), Mumbai

In the result, appeal by assessee is partly allowed in the terms aforesaid

ITA 197/MUM/2013[2008-09]Status: DisposedITAT Mumbai11 Aug 2022AY 2008-09
For Appellant: Shri Percy j. Pardiwalla, Sr. Advocate with S/Sh. Jitendra Jain& Rashid PoonawalFor Respondent: Dr.Yogesh Kamat , CIT and Shri Sambit Mishra
Section 115JSection 143(3)Section 14ASection 14A(2)

detail held as under: “16.1. The Ld. CIT(A) has directed to apply the aforestated rates for the purpose of determining the arm's length price. We do not agree with this finding of the Ld. CIT(A) for the simple reason that the loan of USD 4 million

Australia and New Zealand Banking Group Ltd, Mumbai vs. DCIT(It) 1(1)(2), Mumbai

In the result, appeal by the assessee is partly allowed for statistical purpose

ITA 5129/MUM/2017[2013-14]Status: DisposedITAT Mumbai10 Aug 2022AY 2013-14

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Madhur Agrawal, AdvocateFor Respondent: Shri Milind Chavan, Sr. DR
Section 133(6)Section 143(3)Section 144C(13)Section 92C

Assessing Officer, for the assessment year 2013–14. 2. In its appeal, assessee has raised following grounds: “Ground 1: Determination of the arm's length price (ALP) of the international transaction relating to processing fees received on account of guarantees issued to Indian companies based on counter-guarantee from overseas ... directions of the Hon'ble DRP, erred in making the transfer pricing adjustment of Rs 7,96,36,154, by re-computing the arm's length price (ALP) of the international transaction undertaken by Australia and New Zealand Banking Group Limited, Mumbai Branch (ANZ Mumbai) relating to processing fees received

Polycom Technology Centre, Delhi vs. Nationa E- Assessment Centre, Delhi

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

ITA 944/MUM/2021[2016-17]Status: DisposedITAT Mumbai08 Aug 2022AY 2016-17
Section 143(3)Section 144C(13)Section 92C

Notwithstanding anything contained in section 92C or section 92CA or the methods provided by rules made under this Act, the arm's length price of any international transaction or the income referred to in clause (b) of sub- section (1) in respect of which the advance pricing agreement has been

Mersen India Private Limited, Bangalore vs. Joint Commissioner of Income Tax (OSD), Circle-4(1)(2), Bangalore

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

ITA 381/BANG/2022[2017-18]Status: DisposedITAT Bangalore08 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 381/Bang/2022 Assessment Year : 2017-18 M/S. Mersen India Pvt. The Joint Ltd., Commissioner Of No. 5, Bommasandra Income Tax (Osd), Industrial Area, Circle – 4 (1)(2), Bangalore – 560 099. Vs. Bangalore. Pan: Aaace3191K Appellant Respondent Assessee By : Smt. Ramya Nayak, Ca : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 04-08-2022 Date Of Pronouncement : 08-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 22/03/2022 By The National Faceless Assessment Centre, Delhi For A.Y. 2017-18 On Following Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To One Another. Transfer Pricing 1. The Transfer Pricing Officer ("Tpo"), The Assessing Officer ("Ao") & The Dispute Resolution Panel, Bangalore ("Drp") Have Grossly Erred In Law & Facts Of The Case In Determining The Arm'S Length Price ("Alp") Of The Human Resource Services As Nil. 2. The Learned Tpo/ Ao/Drp Has Erred In Not Considered The Fact That The Human Resource Services Is As Per The Arm'S Length Price Adopting The Transaction Net Margin Method (" Tnmm")

For Appellant: Smt. Ramya Nayak, CA

Assessing Officer ("AO") and the Dispute Resolution Panel, Bangalore ("DRP") have grossly erred in law and facts of the case in determining the Arm's length price ("ALP") of the Human resource services as NIL. 2. The learned TPO/ AO/DRP has erred in not considered the fact that the Human ... Resource services is as per the arm's length price adopting the transaction net margin method (" TNMM") Page 2 of 6 IT(TP)A No. 381/Bang/2022 3. The finding of the learned TPO/ AO/ DRP that the Assessee has failed to substantiate receipt of human resource service with evidence

Yokogawa India Limited, Bangalore vs. Assistant Commissioner of Income Tax, Ltu, Bangalore

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 588/BANG/2020[2008-09]Status: DisposedITAT Bangalore08 Aug 2022AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahu

For Appellant: Sri Padam Chand Khincha, A.RFor Respondent: Shri Pradeep Kumar, D.R
Section 234BSection 40A(2)

subsumed into the expenditure and accordingly already considered. Not appreciating that once the net profit margin is (ii) tested on the touchstone of arm's length price, it pre- supposes that the various components of income and expenditure considered in the process of arriving at the net profit are also ... fees, (ii) GSMF and after sales service fees by adopting CUP method without justifying how the same was „most appropriate method. Concluding that arm's length price of management fees, (iii) GSMF and after sales service fees as NIL without considering any comparable Concluding that the Appellant has not been

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

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 2385/BANG/2019[2015-16]Status: DisposedITAT Bangalore05 Aug 2022AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Sumeet Khurana, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R
Section 133(6)Section 143(3)Section 144CSection 92D

conducting a fresh comparability analysis for the software engineering and design services based on the application of additional filters in determining the arm’s length price. 4.4. Using data, which was not contemporaneous and which was not available in the public domain at the time of preparing the TP documentation ... According to Section 92CA of the I.T. Act, the case was referred to the Transfer Pricing Officer in order to determine the Arm's Length Price after obtaining necessary approval of the Hon'ble Commissioner of Income Tax, Bangalore-I, Bangalore. The Deputy Commissioner of Income-tax (Transfer Pricing

Mahindra Homes Pvt. Ltd., Mumbai vs. ITO, RG- 7 (2)(1), Mumbai

In the result, appeal of the Assessee is allowed

ITA 7159/MUM/2018[2014-15]Status: DisposedITAT Mumbai03 Aug 2022AY 2014-15

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shri Ranjan Vora &For Respondent: Shri Rakesh Ranjan (CIT-DR)
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144C(1)Section 144C(5)Section 92C

./2018 Mahindra Homes Private Limited, Mumbai. A.O. made a reference under section 92CA(1) of the Act to the TPO for determination of Arm’s Length Price [in short “ALP”]. 2.1. The brief facts relating to international transactions of the assessee company are that the assessee company has a Joint ... read with the Income-tax Rules, 1962 ('the Rules') in the transfer pricing study report for the purpose of determination of the arm's length price of the impugned transaction of payment of interest on CCDs; 4. rejecting the primary analysis undertaken by the Appellant on BSE, NSE and NSDL

Cae Flight Training (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

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

ITA 520/BANG/2022[2016-17]Status: DisposedITAT Bangalore02 Aug 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 520/Bang/2022 Assessment Year : 2016-17 M/S. Cae Flight Training (India) Pvt. Ltd., Survey No. 26 & 27, The Deputy Bandaramanahalli Commissioner Of Village, Income Tax, Anneshwara Panchayat, Central Circle – 2 (2), Kasaba Hobli, Vs. Bangalore. Devanahalli Taluk, Bengaluru – 562 110. Pan: Aadcc1248A Appellant Respondent Assessee By : Shri Ketan Ved, Ca : Shri Sumer Singh Meena, Revenue By Cit Dr-1 Date Of Hearing : 02-08-2022 Date Of Pronouncement : 02-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Assessment Order Dated 12/04/2022 By The Ld.Dcit, Central Circle – 2(2), Bangalore On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, M/S. Cae Flight Training (India) Private Limited (Hereinafter Referred To As The "Appellant") Respectfully Craves Leave To Prefer An Appeal Under Section 253 Of The Income-Tax Act, 1961 ("The Act") Against The Order Passed By The Deputy Commissioner Of Income-Tax, Central Circle

For Appellant: Shri Ketan Ved, CA
Section 253Section 92CSection 92D

international transactions of payment of interest on Compulsory Convertible Debentures ("CCDs") by re-characterizing the CCDs as 'equity' and re- determining the arm's length price ("ALP"). 2.1 The Ld. AO and Ld. TPO erred in law and on facts, in disregarding the ALP and rejecting the methodical benchmarking analysis ... opportunity to argue on the proposed classification of CCD as equity. The Learned TPO went beyond the brief of arbitrating only on the arm's Length pricing related to the rate of interest, and proceeded to question the nature of the inter-company funding. 6. That the Learned AO/Learned

Hempel Singapoe Pte Ltd., Mumbai vs. The Dy CIT (International Taxation)-2(2)(2), Mumbai

In the result, appeal by the assessee is allowed

ITA 1205/MUM/2021[2017-18]Status: DisposedITAT Mumbai01 Aug 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Madhur Agarwal, AdvocateFor Respondent: Shri K.C. Selvamini, Addl. CIT
Section 143(3)Section 144C(13)Section 9

recipient of such commission income; 6.2 not considering the fact that for the same nature of transaction there could not be multiple arm's length price i.e. while performing the agency function the Ld. AO/Hon'ble DRP has determined 25% of the sales made in India on ad-hoc basis ... 7296/Mum/2017, vide order dated 08/02/2019, for the assessment year 2014–15, while holding that when the commission has been found to be at arm‟s length price in the hands of the recipient Indian subsidiary i.e. Hempel India, nothing more would be left to be taxable in India by attributing

Ups Express P Ltd. (Formerly Known As Ups Jetair Express P. Ltd.), Mumbai vs. Dy CIT -11(1)(2), Mumbai

In the result, appeal of the assessee is partly

ITA 1221/MUM/2021[2016-17]Status: DisposedITAT Mumbai29 Jul 2022AY 2016-17

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjee

For Appellant: Shri Siddhesh ChauguleFor Respondent: Shri Rakesh Ranjan (CIT-DR)
Section 142(1)Section 143(2)Section 143(3)Section 144C(5)Section 44ASection 92C

National E-Assessment Centre ('NeAC') erred in holding, and the Hon'ble Dispute Resolution Panel ('DRP') further erred in directing, that the arm's length price in respect of Technical know-how 11 ITA.No.1221/Mum./2021 UPS Express Pvt. Ltd. Mumbai. fees of INR 12,66,16,031 paid ... case and in law, the learned TPO/AO/NeAC erred and the Hon'ble DRP further erred in not accepting the computation of arm's length price carried out by the Appellant which was in accordance with the Transactional Net Margin Method prescribed under Section 92C(1) of the Income

DCIT 14(3)(1), Mumbai vs. Komli Wedia India P.Ltd, Mumbai

In the result, ITA No.3889/Mum/2017 for A

ITA 3890/MUM/2017[2012-13]Status: DisposedITAT Mumbai29 Jul 2022AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Kuldip Singh, Jm

For Appellant: NoneFor Respondent: Shri Samruddhi D Hande, DR

3889/Mum/2017 Komli Wedia India P. Ltd; AYs 11-12 & 12-13 Resale Price Method (RPM) was the most appropriate method for determining the arm's length price of the assessee's international transaction in respect of purchase and sale of online advertisement space ignoring the fact and the legal principle ... that as per Rule 10B(1)(b)(i), RPM can be used for determining the arm's length price of the assessee's international transactions in respect of only purchases from AE whereas the assessee has sale transaction also with its AE. 2. On the facts and in the circumstances