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DTAA - Recent shifting of family and new investments abroad will not outweigh ‘Centre Of Vital Interests' in India; DTAA Tie-Breaker Test shall...
TP- Penalty u/s 271G cannot be levied merely for inadequate or improper benchmarking of transactions & where Revenue does not prove that assessee...
DTAA - Interest on delayed payment of lease rental which is integral part of least rental charged by ireland entity is not taxable in India in te...
TP - Penalty or compensation clauses in agreement may specifically quantify any liquidated damages or compensation, but enforceability of contrac...
TP - Recovery on cost to cost basis without any service element, cannot be recharacterised by imputing adhoc markup: ITAT...
TP - As per Section 144C, AO is required to complete assessment within 30 days of receiving directions from DRP & order passed beyond such period...
I-T - Payment of roaming charges by cellular mobile telephony service provider to other telecom operators for subscribers does not attract Sec 9(...
I-T - Not straying amount due to assessee, more particularly, when assessee is not entitled to any interest on such refund, is unjust enrichment ...
DTAA - Payments of nature of salary cannot be re-characterized as FTS either under I-T Act or under Article 12 of India–Japan DTAA, which expre...
TP - If working capital adjustment subsumes outstanding receivables, no separate characterization is to be made on account of delayed receivables...
TP - Final assessment order passed before expiry of the 30-day window given to assessee to file objections against draft assessment order, is not...
TP - Differences in functional and turnover filter calls for exclusion of comparable: ITAT...
I-T - Indian subsidiary does not become PE merely because of cross-transactions or outsourcing of back-office operations: HC...
I-T - If factors influencing price are similar, same margin on operating cost, as agreed under MAP resolution between Indian and UK Competent Aut...
TP - International transaction pertaining to AMP expenditure cannot be benchmarked by applying bright line test method: ITAT...
DTAA - Broad definition of 'operational expenditure' under treaty covers such arrangements if substantiated by genuine commercial evidence and ar...
I-T - Since commission agent was non-resident, and assessee has not deducted tax at source and adhered to DTAA, AO is not right in treating asses...
DTAA - Additions framed not tenable where authorities omit to consider that said deposits were not income but redeposit of assessee's own funds: ...
DTAA - Receipts from IT support & maintenance services, where not satisfying the make available test, cannot be taxed as Fees for Technical Servi...
I-T - Agreement to lease aircrafts is in nature of operating lease and not financial lease: ITAT...
 
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