ITAT: TP-provisions applicable to Indian branch’s brand promotion transaction; Rejects mutuality principle applicability

Delhi ITAT rules on TP-adjustment in respect of AMP-expenses incurred by Indian Branch to promote brand name of ‘FUJI’ in India for AY 2007-08 & 2008-09, rejects assessee’s

Apr 06, 2018

ITAT: Quashes revision, AO-order without TPO-reference not erroneous; Statute overrides Circular when contrary

Lucknow ITAT quashes revisionary jurisdiction assumed by Pr.CIT u/s 263 on the sole ground that as per CBDT Instruction 3/2016, mandatory reference was not made by AO to

Apr 04, 2018

HC: Upholds TNMM for AE-exports and sales commission; Considers ITAT’s view as reasonable

Bombay HC dismisses Revenue’s appeal, holds that ITAT was justified in holding TNMM as MAM for benchmarking exports to AEs for AYs 2006-07, 2007-08 & 2008-09; Notes that TPO made

Mar 30, 2018

ITAT: CBDT Instruction No.3/2003 binding, quashes TPO-reference where international transaction quantum < 5cr for AY 2006-07

Delhi ITAT allows assessee’s additional ground, quashes AO’s reference to TPO for AY 2006-07; Holds that as per CBDT Instruction 3/ 2003, AO should have decided the issue

Mar 28, 2018

ITAT: Irrecoverable interest-free loan to AE impacts profitability, excludes "Informed Technologies" as comparable

Cochin ITAT rules on selection of comparables for assessee providing business support services & ITeS to AE for AY 2012-13; Accepts assessee’s contention to exclude Infosys BPO and

Mar 27, 2018

ITAT: Deletes Nivea’s AMP-adjustment; Explains ‘subtle but definite difference’ between product & brand promotion

Mumbai ITAT deletes TP-adjustment on Advertising, Manufacturing and Publicity (AMP) expenses incurred by Nivea India during AYs 2008-09 to 2012-13 absent any agreement/arrangement with AE for incurring of

Mar 26, 2018