Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Transfer pricing comparability adjustments were examined on foreign exchange fluctuation, customs duty, price penetration, liability write-back, and capacity utilisation. Consistent treatment of foreign exchange movement as non-operating in earlier and later years led to remand for fresh consideration. Customs duty and price penetration adjustment claims were also remitted because the factual basis and supporting details were not adequately examined. Liability write-back was treated as operating income where the underlying trade payables related to operating expenses, while other breakup items required verification. For capacity utilisation, the Tribunal rejected a depreciation-to-sales adjustment method as not reasonably accurate, but directed recomputation of ALP using cash PLI for the assessee and comparables.
Transfer pricing comparability adjustments were examined on foreign exchange fluctuation, customs duty, price penetration, liability write-back, and capacity utilisation. Consistent treatment of foreign exchange movement as non-operating in earlier and later years led to remand for fresh consideration. Customs duty and price penetration adjustment claims were also remitted because the factual basis and supporting details were not adequately examined. Liability write-back was treated as operating income where the underlying trade payables related to operating expenses, while other breakup items required verification. For capacity utilisation, the Tribunal rejected a depreciation-to-sales adjustment method as not reasonably accurate, but directed recomputation of ALP using cash PLI for the assessee and comparables.
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