ITAT: Safe-Harbour Rules inapplicable for AY 2009-10; Rejects assessee’s ‘different yardstick’ for RPT computation

Delhi ITAT rules on the selection of comparables for assessee’s provision of software development services to its AE for AY 2009-10; Excludes Infosys for functional dissimilarity following co-ordinate

Dec 18, 2017

HC: Upholds TP-adjustment on Dabur’s royalty receipts; Refuses to ignore previous structure

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

Dec 15, 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

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

Dec 14, 2017

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: Upholds aggregation of IT & ITeS provided under composite agreement; Rejects Revenue’s AS-17 reliance

Kolkata ITAT dismisses Revenue’s appeal, upholds assessee’s aggregation of IT and ITeS services provided to Associated Enterprises (AEs) under a single composite contract for AY 2010-11; Refers to

Dec 08, 2017