https://www.taxtmi.com/caselaws?id=33164 A proposed Canadian partnership was treated as potentially assessable as a firm if the deed satisfied section 184, with partners' shares excluded from their individual total income; residence remained a factual question based on control and management. The transfer of participating interest to the partnership was held to be an international transaction between associated enterprises, so transfer pricing principles governed arm's length computation rather than the book-value deeming rule in section 45(3) alone. Article 24 of the India-Canada DTAA did not bar application of transfer pricing provisions, as the non-discrimination clause did not exempt cross-border associated-enterprise transactions from arm's length taxation. en-us Thu, 23 Apr 2009 00:00:00 +0530 Fri, 05 Jun 2009 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33164 A proposed Canadian partnership was treated as potentially assessable as a firm if the deed satisfied section 184, with partners' shares excluded from their individual total income; residence remained a factual question based on control and management. The transfer of participating interest to the partnership was held to be an international transaction between associated enterprises, so transfer pricing principles governed arm's length computation rather than the book-value deeming rule in section 45(3) alone. Article 24 of the India-Canada DTAA did not bar application of transfer pricing provisions, as the non-discrimination clause did not exempt cross-border associated-enterprise transactions from arm's length taxation. Case-Laws Income Tax Thu, 23 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33164