Income tax - Sections 153(1), 92CA(3) - High Court of Karnataka Upholds Assessee's Claim on Limitation Period for Transfer Pricing Orders, Confirms Mandatory Nature of Timelines - The High Court's decision reinforces the principle that the timelines stipulated by tax legislation, particularly concerning…
Delhi High Court Upholds ITAT Ruling on AMP Expenditure as Non-International Transaction and Rejects Bright Line Test in ALP Determination - The Delhi High Court's affirmation of the ITAT's ruling presents a significant development in the assessment of AMP expenditures, clarifying that such costs do…
Income Tax - Sections 92B, 92F - Advertisement Funding Fails to Qualify as International Transaction, Says Delhi High Court - The Delhi High Court's decision elucidates that financial assistance received from a parent company does not automatically confer the status of an international transaction on…
Government Companies Excluded as Comparables in Tax Assessment: High Court of Delhi Rules - The High Court of Delhi has clarified essential guidelines for the inclusion of government companies as comparables within transfer pricing frameworks. By emphasizing that government companies are not driven …
CUP Method Validated Against TNMM: Punjab and Haryana High Court Upholds ITAT Decision - The High Court has solidly endorsed the ITAT's application of the CUP method for determining the arm's length price in the context of related party transactions. Given the specifications laid out in this ruling,…
High Court of Delhi Upholds ITAT Rulings on Transfer Pricing Comparables and AMP Expenses - It is evident from the High Court's judgments that the standards for comparability in transfer pricing cases not only require functional similarity but also a rigorous analysis of operational realities related…
Delhi High Court Examines Transfer Pricing Comparability in Software Development Services Dispute Involving Joint Venture - The High Court's examination of this case affirms the strict adherence to functional comparability and the appropriate selection of comparables in transfer pricing mechanisms. …
Income tax - Sections 40(a)(i), 195 - Legal Crux of Supreme Court's Decision: Reimbursement of Salary Costs – No TDS Obligation Under India-UK Treaty - The Supreme Court’s impending review of the appeal signifies a critical juncture in how reimbursement transactions between resident and non-resident…
Income Tax - Section 154 - High Court of Karnataka Upholds DRP's Jurisdiction in Rectification for Non-Considered Expenses in Transfer Pricing - The High Court's decision validates the Dispute Resolution Panel's right to rectify erroneous inclusions and exclusions in transfer pricing assessments based…
Income Tax - Section 143 - ITAT Decides Employment Payments Cannot be Classified as FIS under Article 12 of DTAA - The ITAT's ruling affirms that payments made in the context of employment or personal service do not equate to Fees for Inclusive Services as prescribed under the DTAA. This decision affords…
Income Tax - Sections 143(3), 144B - Tribunal Upholds Functionally Dissimilar Comparables in Transfer Pricing Dispute, Reassesses Arm's Length Price Determination - The Tribunal's ruling firmly establishes the need for rigorous functional analysis in selecting comparables for transfer pricing purposes.…
Income Tax - Section 71, 73A, 92E, 139, 144B, 263 - Legal Ruling on Carry Forward of Losses: ITAT-Mumbai Upholds Original Assessment Order - The ruling by the ITAT reinforces the principle that error or prejudice to revenue must be substantial for the invocation of powers under Section 263 of the Income…
Income Tax - Sections 92CA, 144C - ITAT-MAD Affirms Remand in Transfer Pricing Dispute Over Chennai Metro Rail Project Comparables - The ITAT's decision to remand the comparables assessment back to the AO/TPO underscores the critical importance of functional similarity in transfer pricing determinations.…
Legal Crux of Bombay High Court Ruling on Pre-condition for Condonation of Delay in Financial Hearings - This ruling is a significant interpretation of delay condonation in financial hearings, reaffirming that preconditions such as financial deposits cannot obstruct the judicial process intended to …
Income Tax - Sections 37(1), 92CA - Employee Stock Options Affirmed as Allowable Expenditure by Karnataka High Court: Key Implications in Transfer Pricing Cases - The Karnataka High Court's ruling affirms that expenditures incurred from Employee Stock Option Programs (ESOPs) can be classified as allowable…
Income Tax - Sections 9(2), 37, 43(5)(d), 80IC - Tax Tribunal Rules on Allowability of Foreign Exchange Losses and Business Expenses: Key Implications for Corporate Entities - The Tribunal’s decision emphasizes the importance of substantiating provisions and losses with valid scientific methodologies…
Tax Tribunal Stays Disputed Demand and Interest, Highlights Errors in Transfer Pricing Adjustments and Cess Disallowances - The tribunal's ruling in this matter signifies a critical checkpoint for the assessee, underscoring the importance of accurately reflecting transfer pricing adjustments and Cess…
Income Tax - Sections 9, 142 - ITAT Rules on License Fees and Management Services: Clarifies Taxability as FTS under India-UK DTAA - The ITAT decision establishes a crucial precedent for evaluating the tax implications of management and administrative services received cross-border. Tax authorities …
Income Tax - Section 143 - ITAT Reiterates Binding Precedent on AO's Duty in International Transaction Valuation for Genpact - The ITAT decisively ruled in favor of Genpact, reinforcing the principle that the AO is obligated to honor past tribunal rulings concerning transfer pricing nuances in international…
Income Tax - Sections 154, 234B, 234C, 271(1)(c) - Legal Crux of Assessment Order Quashed: Tribunal Highlights Errors in Transfer Pricing Adjustments - The Tribunal's decision underscores the vital need for adherence to established procedures regarding transfer pricing adjustments. In light of the current…