Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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Sections 92 to 92F operate as a self-contained code for arm's length price determination, so RBI or Government approvals for royalty rates do not create any presumption for income-tax purposes. The Court accepted that the assessee's comparability analysis was inadequate and that arm's length pricing required a detailed functional and economic examination, not a bare comparison of royalty percentages. The Tribunal's fixation of royalty at 1% of export sales was treated as a factual finding, with no perversity shown, and the disallowance of excess royalty was upheld. The assessee's acceptance of 1% in later assessment years was only an additional circumstance, not the principal basis of decision, and no substantial question of law arose under Section 260A.
Sections 92 to 92F operate as a self-contained code for arm's length price determination, so RBI or Government approvals for royalty rates do not create any presumption for income-tax purposes. The Court accepted that the assessee's comparability analysis was inadequate and that arm's length pricing required a detailed functional and economic examination, not a bare comparison of royalty percentages. The Tribunal's fixation of royalty at 1% of export sales was treated as a factual finding, with no perversity shown, and the disallowance of excess royalty was upheld. The assessee's acceptance of 1% in later assessment years was only an additional circumstance, not the principal basis of decision, and no substantial question of law arose under Section 260A.
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