https://www.taxtmi.com/caselaws?id=755866 For pre-Rule 8D years, section 14A disallowance must be computed on a reasonable basis and not by mechanically applying the Rule 8D formula. Payments for secretarial and clerical staff remain subject to tax deduction where no valid section 197 certificate covers the relevant year, attracting section 40(a)(ia) if tax is not deducted. Global overhead charges paid to a US associated enterprise are not fees for included services unless technical knowledge, skill, know-how or processes are made available under the India-USA DTAA. Transfer pricing comparability requires adjustments for material functional and volume differences, while the 5% tolerance margin applies only within the prescribed range. Education cess is not deductible. en-us Mon, 08 Jul 2024 00:00:00 +0530 Sat, 20 Jul 2024 10:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755866 For pre-Rule 8D years, section 14A disallowance must be computed on a reasonable basis and not by mechanically applying the Rule 8D formula. Payments for secretarial and clerical staff remain subject to tax deduction where no valid section 197 certificate covers the relevant year, attracting section 40(a)(ia) if tax is not deducted. Global overhead charges paid to a US associated enterprise are not fees for included services unless technical knowledge, skill, know-how or processes are made available under the India-USA DTAA. Transfer pricing comparability requires adjustments for material functional and volume differences, while the 5% tolerance margin applies only within the prescribed range. Education cess is not deductible. Case-Laws Income Tax Mon, 08 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755866