https://www.taxtmi.com/caselaws?id=401717 HC held the share transfer to a wholly owned subsidiary was not a valid gift, rendering Section 47(iii) inapplicable and rejecting the assessee's contention that no capital gains arose. The court upheld the TPO's factual findings of a circular, tax-avoidance transaction and restored transfer-pricing adjustments: trademark fee ALP determined nil and guarantee-commission additions reinstated. The DRP and Tribunal were faulted for failing to rehear or properly examine TPO findings; the DRP's 10% risk allowance for the PE fund was set aside. The TPO's CUP-based valuation (Rs. 885,13,80,000) was restored and the AO was directed to give effect to the TPO's order. en-us Thu, 10 Dec 2020 00:00:00 +0530 Mon, 15 Sep 2025 12:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401717 HC held the share transfer to a wholly owned subsidiary was not a valid gift, rendering Section 47(iii) inapplicable and rejecting the assessee's contention that no capital gains arose. The court upheld the TPO's factual findings of a circular, tax-avoidance transaction and restored transfer-pricing adjustments: trademark fee ALP determined nil and guarantee-commission additions reinstated. The DRP and Tribunal were faulted for failing to rehear or properly examine TPO findings; the DRP's 10% risk allowance for the PE fund was set aside. The TPO's CUP-based valuation (Rs. 885,13,80,000) was restored and the AO was directed to give effect to the TPO's order. Case-Laws Income Tax Thu, 10 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401717