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Make believe 'make available' (See TII Edit) TP - TPO not justified in determining ALP as nil without applying any recognised method prescribed u/s 92C; cannot questioning commercial expediency of expenditure once actual rendition of services is established: ITAT (See Breaking News) TP - Companies functionally different from captive, limited-risk service provider, or companies lacking reliable segmental data, cannot be retained as comparables: ITAT (See Breaking News) I-T - If tax department has historically granted lower withholding tax certificates based on uncontested history of financial losses, competent authority cannot suddenly impose higher rate: HC (See Breaking News) I-T - For eligible assessee covered by Sec 144C, final assessment order must still be passed within outer limitation prescribed u/s 153 r/w/s 144C: ITAT (See Breaking News) INTL - A literal interpretation of Section 9(1)(i) applies only when capital asset explicitly situated in India is transferred; this legal fiction cannot be stretched to cover indirect transfers of foreign shares: ITAT (See Breaking News) I-T - Remittance of part of earmarked foreign grant by a Sec 12A-registered charitable society to University of Texas for collaborative research project cannot be disallowed as application of income outside India: ITAT (See Breaking News) TP - If BAPA fixes arm's length operating margin for IT and ITES transactions with covered US-based AEs, and transaction with uncovered non-US AE is undisputedly identical on FAR analysis, same BAPA margin can be adopted for uncovered AE as well: ITAT (See Breaking News) I-T - For determining limitation in DRP cases, Sec 144C & Sec 153 must be read together: ITAT (See Breaking News) Rethinking Royalty in the Digital Age - What AWS and Salesforce Judgments Mean (See TII SPECIAL) TP - Unsupported website extracts or third-party database information can override disclosures made in audited financial statements: ITAT (See Breaking News) TP - Notional interest cannot be separately added on delayed AE receivables if TNMM benchmarking with working capital adjustment is already accepted: ITAT (See Breaking News)
 
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TP - TPO not justified in determining ALP as nil without applying any recognised method prescribed u/s 92C; cannot questioning commercial expedie...
TP - Companies functionally different from captive, limited-risk service provider, or companies lacking reliable segmental data, cannot be retain...
I-T - If tax department has historically granted lower withholding tax certificates based on uncontested history of financial losses, competent a...
I-T - For eligible assessee covered by Sec 144C, final assessment order must still be passed within outer limitation prescribed u/s 153 r/w/s 144...
INTL - A literal interpretation of Section 9(1)(i) applies only when capital asset explicitly situated in India is transferred; this legal fictio...
I-T - Remittance of part of earmarked foreign grant by a Sec 12A-registered charitable society to University of Texas for collaborative research ...
TP – If BAPA fixes arm's length operating margin for IT and ITES transactions with covered US-based AEs, and transaction with uncovered non-US ...
I-T - For determining limitation in DRP cases, Sec 144C & Sec 153 must be read together: ITAT ...
TP - Unsupported website extracts or third-party database information can override disclosures made in audited financial statements: ITAT ...
TP - Notional interest cannot be separately added on delayed AE receivables if TNMM benchmarking with working capital adjustment is already accep...
INTL - Pendency of reference before larger bench of Supreme Court does not automatically stay operation of established high court precedents: ITA...
I-T - Cost recoveries by non-resident entity from its Indian affiliates for various intra-group services are not taxable in India as FTS: ITAT ...
TP - Company engaged in both custom software development & sale of software products across diverse sectors without providing segmental financial...
DTAA - Support, management & coordination services do not satisfy make available test as no proprietary technology, skill, or know-how is transfe...
TP - For eligible assessee covered by Sec 144C, final assessment order must still be passed within outer limitation prescribed u/s 153, r/w/s Sec...
TP - TPO not justified in narrowing down pool of comparable companies by manipulating manufacturing income filters & introducing arbitrary 2% adv...
I-T - First proviso to amended Sec 149(1) prohibited issuance of reassessment notice once that old limitation had lapsed: ITAT ...
I-T - If salary are paid to overseas group entities by way of actual reimbursements, then no TDS is required u/s 195: ITAT ...
DTAA - An agency Permanent Establishment cannot exist when agent acts in ordinary course of its business & is not wholly dependent on a single pr...
TP - Comparable may survive functional challenge but still be excluded if it fails accepted quantitative filter such as related party transaction...
 
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