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...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Transfer pricing adjustment on management charges paid to associated enterprise was unreasonable. The assessee provided sufficient evidence of services rendered through agreement, correspondence, invoices, payments, and improved revenue and profitability. The Dispute Resolution Panel arbitrarily upheld the Transfer Pricing Officer's determination of nil value without examining facts and legal precedents. The Tribunal set aside the adjustment, reinstating the assessee's transfer pricing analysis using the Transactional Net Margin Method. Regarding imputed interest on delayed receivables, the Tribunal followed precedents that working capital adjustment subsumes interest on receivables, eliminating separate benchmarking. As the assessee's profit level indicators after working capital adjustment were better than comparables, imputing notional interest was unwarranted. The interest adjustment was deleted in favor of the assessee.
Transfer pricing adjustment on management charges paid to associated enterprise was unreasonable. The assessee provided sufficient evidence of services rendered through agreement, correspondence, invoices, payments, and improved revenue and profitability. The Dispute Resolution Panel arbitrarily upheld the Transfer Pricing Officer's determination of nil value without examining facts and legal precedents. The Tribunal set aside the adjustment, reinstating the assessee's transfer pricing analysis using the Transactional Net Margin Method. Regarding imputed interest on delayed receivables, the Tribunal followed precedents that working capital adjustment subsumes interest on receivables, eliminating separate benchmarking. As the assessee's profit level indicators after working capital adjustment were better than comparables, imputing notional interest was unwarranted. The interest adjustment was deleted in favor of the assessee.
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