S. 92C : Transfer pricing-Arms’ length price-Fluctuation margins- Rendering ITES services to AE, a company which was showing fluctuating margins, could not be accepted as comparable- Fee for advisory and other services to AE matter remanded.
S. 92C : Transfer pricing-Arms’ length price-Fluctuation margins- Rendering ITES services to AE, a company which was showing fluctuating margins, could not be accepted as comparable- Fee for advisory and other services to AE matter remanded.
S. 92C : Transfer pricing-Arms’ length price–Business of developing, modifying and designing of computer software-Doctrine of commercial prudence invoked by assessee so much so it involved billing of software product purchased from parent company on cost to cost basis without any mark-up was to be demonstrated and proved with cogent evidence -Matter remanded.
S. 45 : Capital gains-Transfer of equity shares to sister concern- Genuineness and validity of transaction-Matter remanded. [S. 2(47), 56(2)(viia)]
S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – Business possibilities in the field of energy sector – Expenses incurred for the purpose of PE are to be allowed- DTAA-India -USA -Mauritius [ S. 9(1)(i),195 Art. 5, 7, 15]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident–Engaged in distribution of recharge pens of various DTH providers via online network-Servers of USA based company Amazon for which it paid web hosting charges-No control over server or severs space being deployed by Amazon, while providing e-services as per agreement- Not royalty -Not liable to deduct tax at source – Amendment, if any, to scope of royalty by an amendment in 2012 by Finance Act with retrospective effect cannot fasten assessee with liability to withhold tax for the years which have already been closed prior to insertion of amendment-DTAA-India –USA. [S. 9(1)(vi), Art.12]
S. 12AA : Procedure for registration–Trust or institution-Educational institution-At time of considering assessee’s application for registration under section Commissioner is only entitled to see whether objects of trust are charitable in nature and whether its activities are genuine or not – Rejection of application on the ground that the asessee is primarily engaged in business of education on commercial basis with a profit motive without providing any element of charity to public at large is held to be not justified. [S. 2(15), 11]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Various coordination/facilitation services rendered- Business of developing and producing entertainment serials for audio visual platform -Consideration cannot be assessed as royalty -DTAA-India- South Africa [S. 9(1)(vi), 9(1)(vii), Art. 12]