Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Treaty limitations on royalty taxation and the make-available condition restrict taxation of cross-border receipts despite transfer-pricing adjustments. Notional interest requires an invoice-wise factual basis and interest paid, credited, acknowledged as payable or made available; arm's-length recomputation cannot independently create interest taxable under the treaty. Standardised software supplied with restricted end-user rights, connectivity services without rights in equipment or processes, and lease rentals paid by a non-resident outside the treaty source rule do not constitute taxable royalty income. Testing, administrative reimbursements and non-technical managerial training are not fees for included services where they do not transmit independently usable technical capability. Non-residents are not liable for advance-tax interest for periods when deductible tax had to be excluded from advance-tax computation.
Treaty limitations on royalty taxation and the make-available condition restrict taxation of cross-border receipts despite transfer-pricing adjustments. Notional interest requires an invoice-wise factual basis and interest paid, credited, acknowledged as payable or made available; arm's-length recomputation cannot independently create interest taxable under the treaty. Standardised software supplied with restricted end-user rights, connectivity services without rights in equipment or processes, and lease rentals paid by a non-resident outside the treaty source rule do not constitute taxable royalty income. Testing, administrative reimbursements and non-technical managerial training are not fees for included services where they do not transmit independently usable technical capability. Non-residents are not liable for advance-tax interest for periods when deductible tax had to be excluded from advance-tax computation.
Note: It is a system-generated summary and is for quick reference only.