Transfer pricing comparables selection and working capital adjustment u/r 10B(1)(e)(iii), remanded for recomputation with rejected comparables include...
Company oppression/mismanagement petition amendments and maintainability after alleged share transfer and forgery claims; tribunal order quashed for l...
The liability of income from non India point of sale transactions was left undecided pending appellate adjudication, and no finding on their tax exigibility is recorded. Revenue attributable to the India permanent establishment is affirmed at 15% of total commission based on FAR analysis, and that 15% is treated as revenue (not an expenditure cap); consequently the full distribution agent commission (68%) is deductible against that attributed revenue, producing negative taxable income in the present facts. The impugned certificate is set aside and the competent authority is directed to issue a fresh withholding certificate fixing tax deduction at 0.5%.
The liability of income from non India point of sale transactions was left undecided pending appellate adjudication, and no finding on their tax exigibility is recorded. Revenue attributable to the India permanent establishment is affirmed at 15% of total commission based on FAR analysis, and that 15% is treated as revenue (not an expenditure cap); consequently the full distribution agent commission (68%) is deductible against that attributed revenue, producing negative taxable income in the present facts. The impugned certificate is set aside and the competent authority is directed to issue a fresh withholding certificate fixing tax deduction at 0.5%.
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