Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Transfer pricing adjustment based on selection of comparables was challenged on the ground that the excluded companies should have been retained. The court upheld exclusion because the fact-finding authority had concluded that the proposed comparables failed the functional similarity test, being engaged in activities other than the tested export service activity, and also failed the 75% export turnover filter since their export income was materially below the threshold while the tested party's revenue was entirely export-derived. As these determinations were pure findings of fact accepted by the appellate tribunal, no substantial question of law arose, and the appeal was dismissed. - HC
Transfer pricing adjustment based on selection of comparables was challenged on the ground that the excluded companies should have been retained. The court upheld exclusion because the fact-finding authority had concluded that the proposed comparables failed the functional similarity test, being engaged in activities other than the tested export service activity, and also failed the 75% export turnover filter since their export income was materially below the threshold while the tested party's revenue was entirely export-derived. As these determinations were pure findings of fact accepted by the appellate tribunal, no substantial question of law arose, and the appeal was dismissed. - HC
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