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I-T - Interest from third-party overseas banks is only taxable if debt is used for business carried on in India, otherwise it falls outside scope...
TP - TPO not justified in determining value of management services at nil using CUP method when assessee establishes actual rendition of services...
TP - ALP for particular transaction cannot be determined as nil merely because assessee had not established immediate or quantifiable benefit fro...
TP - TPO cannot assume the place of a businessperson so as to question commercial expediency of any transaction or the need to avail services fro...
I-T - Assessee is entitled to avail benefit of the provisions of Income Tax Act or applicable DTAA, whichever is more beneficial, in terms of sec...
TP - Limited-risk reseller cannot be benchmarked against full-fledged product companies due to fundamental differences in FAR profiles: ITAT ...
INTL - Google AdWords platform operating as standard, automated, self-service portal where users independently manage keywords, budgets & ad copi...
I-T - If foreign tax payment is evidenced and income is identical, credit should be granted even if form was filed during appellate proceedings: ...
INTL - Ex parte assessment order upheld where assessee failed to respond to various notices issued during assessment proceedings & had not proper...
DTAA - Support services being of nature of routine administrative & business-support services, fall within definition of royalty under relevant D...
TP - Certain companies merit being dropped as comparables where their activities are functionally different from those of the assessee : ITAT ...
TP - LIBOR rate plus 300 bps should be applied for benchmarking interest on loans to subsidiaries repayable in foreign currency: ITAT ...
TP - High-end KPO services involving specialized domain expertise such as engineering design and data analytics are not comparable to low-end BPO...
INTL - Although outstanding receivables from an AE constitute a separate international transaction amenable to benchmarking, determination of ALP...
TP - An APA concluded by CBDT, though not directly applicable to earlier AY, has significant persuasive value where nature of international trans...
INTL - Penalties u/s 271AA & 271G not valid where AO failed to point out any specific missing documents & where TPO already accepted transactions...
TP - Huge turnover or profit cannot serve as sole basis for exclusion of comparable if company is otherwise functionally comparable under Rule 10...
TP - Once tested party's margins are found to be at arm's length under TNMM, and adequate working capital adjustment is made, no separate adjustm...
TP - For benchmarking interest on External Commercial Borrowing obtained from Associated Enterprise, CUP method is most appropriate method, as pr...
TP - AMP and R&T expenses do not constitute 'international transactions' u/s 92B in absence of agreement to provide services to AEs: ITAT ...
 
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