https://www.taxtmi.com/caselaws?id=368387 A substituted India-Sweden DTAA and its Protocol required the fees for technical services issue to be examined afresh, because the earlier ruling could not be applied mechanically without considering the altered treaty framework and section 245S(2). The matter was therefore remitted for fresh decision. On transfer pricing, the Tribunal accepted that truncated-year operations, unutilised capacity and abnormal fixed costs had to be reflected in comparability analysis, and that annual comparables could not be used without adjustment. It also found the first appellate authority's treatment of profit on sale of fixed assets as operating revenue in the special facts to be reasonable, so the Revenue's challenge failed. en-us Fri, 28 Sep 2018 00:00:00 +0530 Wed, 22 Sep 2021 18:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=368387 A substituted India-Sweden DTAA and its Protocol required the fees for technical services issue to be examined afresh, because the earlier ruling could not be applied mechanically without considering the altered treaty framework and section 245S(2). The matter was therefore remitted for fresh decision. On transfer pricing, the Tribunal accepted that truncated-year operations, unutilised capacity and abnormal fixed costs had to be reflected in comparability analysis, and that annual comparables could not be used without adjustment. It also found the first appellate authority's treatment of profit on sale of fixed assets as operating revenue in the special facts to be reasonable, so the Revenue's challenge failed. Case-Laws Income Tax Fri, 28 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=368387