Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
In transfer pricing for resale of software subscriptions, the Tribunal held that the assessee was a limited-risk, stripped-down distributor and not a marketing support service provider, because it bought software subscriptions from its associated enterprise and resold them to unrelated customers without modifying or adding value to the product. On that factual basis, the cost of software licences could not displace Berry ratio as the appropriate base, since the assessee did not own intangibles and earned only a resale margin. TNMM was upheld as the most appropriate method and Berry ratio was accepted as the correct profit level indicator for determining arm's length price, so the transfer pricing adjustment failed.
In transfer pricing for resale of software subscriptions, the Tribunal held that the assessee was a limited-risk, stripped-down distributor and not a marketing support service provider, because it bought software subscriptions from its associated enterprise and resold them to unrelated customers without modifying or adding value to the product. On that factual basis, the cost of software licences could not displace Berry ratio as the appropriate base, since the assessee did not own intangibles and earned only a resale margin. TNMM was upheld as the most appropriate method and Berry ratio was accepted as the correct profit level indicator for determining arm's length price, so the transfer pricing adjustment failed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
