Rulings

Dec 15,2017

Delhi HC dismisses assessee’s appeal, affirms ITAT’s restriction of TP-adjustment in the hands of Dabur India Ltd towards royalty from Dabur International Ltd, UAE for use of brand name “Dabur”

Dec 14,2017

Delhi ITAT rules that interest on outstanding AE-receivables qualifies as an international transaction for AY 2009-10, relies on Bombay HC ruling in Patni Computer Systems, Ameriprise India and Techbooks International

Dec 14,2017

Madras HC dismisses Revenue’s appeal seeking exclusion of HMT Limited as comparable for assessee (engaged in the manufacture and export of tractors) for AY 2006-07; Upholds ITAT’s view that refusal

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Dec 15,2017

Bangalore ITAT dismisses Miscellaneous Petition (‘MP’) filed by assessee seeking rectification of Tribunal order for AY 2012-13; Before ITAT, assessee contended that Tribunal’s dismissal of grounds for inclusion/exclusion of various

Dec 15,2017

Delhi ITAT excludes 4 companies (Accentia Technologies, Cosmic Global, Crossdomain Solution and Infosys BPO) as comparables for the assessee providing ITES to AE, relies on information contained in the annual report and

Dec 15,2017

Delhi ITAT accepts Shroff Engineering as a comparable for assessee engaged in the manufacturing and sale of pumps for AY 2010-11; Disregarding DRP’s rejection of this company merely because TPO

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ITAT: Upholds Rs.200cr turnover filter application; Follows favourable Pentair over Chryscapital HC-ruling

Bangalore ITAT rules on selection of comparables for assessee providing software development services to AE for AY 2005-06; Directs AO/TPO to include the companies having RPT up to 15% of

Dec 12,2017

ITAT: Benchmarking interest on AE-receivables with capital bonds amounts to transaction re-characterization

Delhi ITAT rules that interest on outstanding AE-receivables qualifies as an international transaction for AY 2009-10, relies on Bombay HC ruling in Patni Computer Systems, Ameriprise India and Techbooks International

Dec 14,2017

HC: Dismisses Revenue’s appeal; No reason to exclude Govt.-owned undertaking absent specific provision

Madras HC dismisses Revenue’s appeal seeking exclusion of HMT Limited as comparable for assessee (engaged in the manufacture and export of tractors) for AY 2006-07; Upholds ITAT’s view that refusal

Dec 14,2017

ITAT: Deletes TP-adjustment on AMP spend and brand royalty; Follows earlier orders

Delhi ITAT deletes TP adjustments of Rs.311.88 crores on account of AMP expenses and Rs.237.24 crores on account of payment of royalty for AY 2008-09, follows co-ordinate bench rulings in

Dec 14,2017

ITAT: Excludes 2 functionally dissimilar comparables for software-developer; Treats forex-gain as operating nature

Delhi ITAT excludes Infosys Limited and Persistent Systems Ltd on grounds of functional dissimilarity for assessee’s providing software development services to AE for AY 2009-10, follows precedents; Also accepts assessee’s

Dec 12,2017

News

Key takeaways from Taxsutra's 3 city CbCR event

Year 2017 is the first year when the Indian taxpayers are required to do compliances regarding Master File (MF) and

Dec 04,2017

India's 50+ reservations on the revised OECD model tax convention

India's 50+ reservations on the revised OECD model tax convention

Nov 27,2017

India relaxes Article 9(2) restriction, to accept all MAP and bilateral APA applications

India relaxes Article 9(2) restriction, to accept all MAP and bilateral APA applications

Nov 27,2017

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