← 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

M/S. Blue Coat Network (India) Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 1(1)(2), Bangalore

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

ITA 2623/BANG/2019[2015-16]Status: DisposedITAT Bangalore29 Jul 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 2623/Bang/2019 Assessment Year : 2015-16 M/S. Blue Coat Network (India) Pvt. Ltd., Unit No. 1001 & 1002, The Deputy 10Th Floor, Rmz Campus Commissioner Of 8-B, Income Tax, Plot No. C-L, Sarjapur Circle – 1(1)(2), Marathalli Outer Ring Bangalore. Vs. Road, Bangalore – 560 037. Pan: Aahcs7844Q Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 14-06-2022 Date Of Pronouncement : 29-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 22/10/2019 Passed By Ld.Dcit, Circle -1 (1)(2), Bangalore For A.Y. 2015-16 On Following Grounds Of Appeal:

For Appellant: Shri Chavali Narayan, CA
Section 143(2)

OP/OC -10.54% 35th Percentile Margin of comparable set 20.55% Adjustment Required (if PLI< 35th Yes Percentile) Median Margin of comparable set M 27.37% Arm's Length Price ALP=(i+M)*OC 12,75,94,384 Price Received OR 8,96,18,197 Shortfall being adjustment ... Percentile Margin of 18.81% comparable set Adjustment Required (if PLI< 35th Yes Percentile) Median Margin of comparable set M 23.27% ALP=(1+M)* Arm's Length Price 59,32,895 OC Price Received OR 55,21,397 Shortfall being adjustment ALP-OR 4,11,498 3.11 The Ld.TPO subsequently observed

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

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

ITA 4860/MUM/2017[2013-14]Status: DisposedITAT Mumbai28 Jul 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

shareholder services not warranting a charge; and not basing the adjustments on machinery provisions dealing with the method and calculation of the arm's length price as contained in sub- section (1) and (2) of Section 92C of the Act read with Rules 10B and Rule 10C of the Rules ... deleted. 3 On the facts and in the circumstances of the case and in law, the DRP/ AO/ TPO erred in determining the arm's length price of the International transaction of payment of administrative support service fee for internal audit support, clearing and treasury support function by the Appellant

Interactive Brokers (India) P. Ltd, Mumbai vs. DCIT 4(1)(1), Mumbai

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

ITA 2088/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Jul 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri O. P. Kant, Am आयकर अपील सं/ I.T.A. (Tp) No.2088/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2012-13) & आयकर अपील सं/ I.T.A. No.4860/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Interactive Brokers (India) बिधम/ Dcit-4(1)(1) Pvt Ltd. Aayakar Bhavan, Vs. 502/A, Times Square, Mumbai. Andheri Kurla Road, Andheri (E), Mumbai- 400059. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6871R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Jeet Kamdar Revenue By: Shri Pankaj Kumar (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 09/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Preferred By The Assessee Against The Order Of The Assessing Officer Dated 30.01.2017 First For A.Y.2012-13 & Assessment Order Dated 23.05.2017 For A.Y.2013-14 U/S 143(3) R.W. Section 144C(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. We First Take Up The Appeal For Ay 2012-13. The Grounds Of Appeal Preferred By The Assessee Read As Under: - “Ground No.1 Disallowance Of Cost Of Administrative Support Services For Internal Audit Support, Clearing & Treasury Support Function 1.1 On The Facts & In The Circumstances Of The Case & In Law, The Learned Dispute Resolution Panel (‘(Drp')/ Income Tax Officer — Dcit, Range 4(1)(1) (‘Ao’) / Learned Transfer Pricing Officer (‘Tpo’) Erred In Re-Computing The Alp Of The International Transaction Of Payment Of Administrative Support Service Fee For Internal Audit Support, Clearing & Treasury Support Function By The Appellant To Its 2

For Appellant: Shri Jeet KamdarFor Respondent: Shri Pankaj Kumar (Sr. AR)
Section 143(3)Section 144C(3)Section 92C

shareholder services not warranting a charge; and not basing the adjustments on machinery provisions dealing with the method and calculation of the arm's length price as contained in sub- section (1) and (2) of Section 92C of the Act read with Rules 10B and Rule 10C of the Rules ... deleted. 3 On the facts and in the circumstances of the case and in law, the DRP/ AO/ TPO erred in determining the arm's length price of the International transaction of payment of administrative support service fee for internal audit support, clearing and treasury support function by the Appellant

Airlinq Technology Private Limited (Formerly Known As Globetouch Technologies Private Limited), Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

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

ITA 231/BANG/2021[2016-17]Status: DisposedITAT Bangalore28 Jul 2022AY 2016-17

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.231/Bang/2021 : Asst.Year 2016-2017 M/S.Airlinq Technology Pvt. Ltd. The Deputy Commissioner Of (Formerly Known As Globe Touch Income-Tax, Circle 3(1)(1) V. Bangalore. Technologies Private Limited) 306, 100 Feet Road, Binna Mangala Stage – 1, Indiranagar Bangalore – 560 038. Pan : Aafcg7626L. (Appellant) (Respondent) Appellant By : S/Sri.Ajit Kumar Jain & Siddesh Chaugule, Cas Respondent By : Dr.Manjunath Karkihalli, Cit-Dr Date Of Pronouncement : 28.07.2022 Date Of Hearing : 21.07.2022 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 29.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 3. The Brief Facts Of The Case Are As Follows: The Assessee Was Incorporated On 15.10.2014 As A Wholly Owned Subsidiary Of Globetouch Inc, Usa. The Assessee Is Engaged In The Business Of Rendering Software Development Services (Swd) To Globetouch Inc. For The Assessment Year 2016-2017, The Return Of Income Was Filed Declaring An Income Of Rs.4,23,01,510 Under The Normal Provisions Of The Income-Tax Act. The Assessment Was Selected

For Appellant: S/Sri.Ajit Kumar Jain & Siddesh Chaugule, CAsFor Respondent: Dr.Manjunath Karkihalli, CIT-DR
Section 143(2)Section 143(3)Section 92CSection 92D

I.T.Act was issued. During the course of assessment proceedings, the matter was referred to the Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the international transactions entered by the assessee with its Associated Enterprises (AEs). The TPO, vide his order dated 24.10.2019, passed u/s 92CA ... learned AO/NeAC and the learned TPO erred in not giving effect correctly to Hon’ble DRP’s directions and inadvertently determined Arm’s Length Price Net Cost Plus markup (`NCP markup’) as 27.66% instead of 25.60%. The learned AO has failed to rectify the mistakes as apparent from record basis

M/S Sap Labs India Private Limited, Bangalore vs. DCIT, Bangalore

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

ITA 561/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

operations for the purpose of computing the Appellant's operating mark-up on total cost as well as to arrive at the arm's length price. (corresponding to revised ground no. 3 & original ground no. 3) 4. On the facts and in the circumstances of the case ... learned DRP / AO / TPO erred in including the reimbursement of expenses received, as a part of cost base in determining the arm's length price even though the same has been accepted to be at arm's length by the learned Page

D.C.I.T., Bangalore vs. M/S Sap Labs India Pvt. Ltd., Bangalore

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

ITA 437/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

operations for the purpose of computing the Appellant's operating mark-up on total cost as well as to arrive at the arm's length price. (corresponding to revised ground no. 3 & original ground no. 3) 4. On the facts and in the circumstances of the case ... learned DRP / AO / TPO erred in including the reimbursement of expenses received, as a part of cost base in determining the arm's length price even though the same has been accepted to be at arm's length by the learned Page

M/S Quicklogic Software (India) Pvt. Ltd., Bangalore vs. Deputy Commissioner of Income-Tax, Circle-3(1)(1), Bengaluru

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

ITA 181/BANG/2022[2017-18]Status: DisposedITAT Bangalore27 Jul 2022AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 181/Bang/2022 Assessment Year : 2017-18 M/S. Quicklogic Software (India) Pvt. Ltd., No. 10 Brindavan, The Deputy 3Rd Floor, Commissioner Of Yashoda Nagar Main Income Tax, Road, Circle 3(1)(1), Jakkur Plantation, Vs. Bangalore. Bengaluru – 560 064. Pan: Aaacq0656P Appellant Respondent Assessee By : Shri Mahaveer C Jain, Ca : Shri Sumer Singh Meena Cit Revenue By Dr Date Of Hearing : 12-07-2022 Date Of Pronouncement : 27-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 25/01/2022 By The National Faceless Assessment Centre For A.Y. 2017-18 On Following Revised Grounds Of Appeal:

For Appellant: Shri Mahaveer C Jain, CA
Section 142(1)Section 143(2)Section 92C

provisions of Rule 10CA of the Rules, in so far as it relates to choice of comparable companies, read as follows: "Computation of arm's length price in certain cases. 10CA. (1) Where in respect of an international transaction or a specified domestic transaction, the application of the most appropriate ... method referred to in sub-section (1) of section 92C results in determination of more than one price, then the arm's length price in respect of such international transaction or specified domestic transaction shall be computed in accordance with the provisions of this rule. (2) A dataset shall

Giraffe Developers Pvt. Ltd., Mumbai vs. Pr. CIT - 9, Mumbai

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

ITA 2663/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Jul 2022AY 2014-15

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalegiraffe Developers Pvt Vs. Pr. Cit – 9, Ltd Room No. 214, 2Nd 111, G Wing, Akruti Floor, Aayakar Commercial Complex, Bhavan, M.K. Road, Next To Akruti Centre Churchgate, Point, Central Road, Mumbai-400020. Andheri (E), Mumbai- 400093 Pan/Gir No. : Aaccn2778D Appellant .. Respondent Appellant By : Shri.Madhur Agrawal & Shri.Fenil Bhatt.Ar Respondent By : Shri.S.Anbuselvam.Dr Date Of Hearing 13.07.2022 Date Of Pronouncement 25.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of Pr. Commissioner Of Income Tax (Appeals)-9, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Madhur Agrawal &For Respondent: Shri.S.Anbuselvam.DR
Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 271ASection 271BSection 40Section 40A(2)Section 92D

value is more than Rs. 5 crores. Therefore, this transaction should have been referred to the TPO by the Assessing Officer for determining arm's length price, and only thereafter the assessment order should have been framed. He further opined that this action of the Assessing Officer is erroneous which ... remaining clauses are clauses (ii) to (vi). On evaluating the transaction which at the most should be referred to PO for determination of arm's length price in the instant case and taking note of bifurcation of the transaction, it is found that out of all seven transactions only transaction

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Company P. Ltd ( Formerly Known As J M Morgan Stanley Securities P. Ltd), Mumbai

In the result, appeal of the learned Assessing Officer is dismissed and appeal of the assessee is partly allowed

ITA 2320/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant) Pan No. Aaacj 4998 F Morgan Stanley India Company Addl. Cit, P. Ltd. Range 4(3), 18F/19F One Indiabulls Centre, Room No. 635, 6Th Floor, Tower 2-B, 841, Vs. Jupiter Mills Off Senapati Bapat Aaykar Bhavan Marg, Lower Parel, Mumbai-400 020 Mumbai-400 013 (Respondent) (Appellant)

For Appellant: Shri Sunil M. Lala, ARFor Respondent: Ms. Vatsalaa Jha, CIT DR
Section 14ASection 250Section 40Section 40A(2)

part of the upward addition made by the learned TPO to the extent of Rs. 102,389,087 on account of the Arm's Length Price (ALP) of brokerage received on trades executed for the Associated Enterprises (AEs), namely, Morgan Stanley Mauritius Company Limited (MS Mauritius) and Morgan Stanley ... claim of the assessee is that the transaction of charging of brokerage commission income from its associate enterprise is at arm’s length price for the reason that third party brokerages namely Motilal Oswal Securities Limited and ICICI Brokerage Services Limited have charged higher brokerage rates to these associate enterprises