Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Profit attribution to an Indian dependent agency permanent establishment (DAPE) may extend beyond arm's length remuneration where the transfer-pricing analysis fails to capture all functions performed and risks assumed. A Mutual Agreement Procedure resolution binds only the assessment years expressly covered, though its methodology may be applied to other years if facts and functions remain unchanged. Where the DAPE undertakes additional activities beyond those disclosed in the transfer-pricing study, a separate attribution is warranted; profit was restricted to 12% of advertisement revenue rather than the estimated rate. Tax credit for taxes paid by the DAPE requires verification and quantification. Interest is consequential, while a challenge to penalty initiation at assessment stage is premature.
Profit attribution to an Indian dependent agency permanent establishment (DAPE) may extend beyond arm's length remuneration where the transfer-pricing analysis fails to capture all functions performed and risks assumed. A Mutual Agreement Procedure resolution binds only the assessment years expressly covered, though its methodology may be applied to other years if facts and functions remain unchanged. Where the DAPE undertakes additional activities beyond those disclosed in the transfer-pricing study, a separate attribution is warranted; profit was restricted to 12% of advertisement revenue rather than the estimated rate. Tax credit for taxes paid by the DAPE requires verification and quantification. Interest is consequential, while a challenge to penalty initiation at assessment stage is premature.
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