Author: ksalegal

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CIT v. J.P.Morgan India ( P) Ltd ( 2018) 161 DTR 398/ 304 CTR 686 ( Bom) (HC)

S.92C: Transfer pricing – Arm’s Length Price – Difference in function performed and risk undertaken – Difference in brokerage charged to related and un related parties –Deletion of addition was held to be justified

CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420 /( 2019) 410 ITR 468 ( Bom) (HC)Matter remanded to High Court, CIT v. Reliance Industries Ltd ( 2019) 410 ITR 466 /175 DTR 1/ 307 CTR 121 (SC)

S.92C: Transfer pricing – Arm’s Length Price – Corporate guarantee- When no expenditure was incurred for providing guarantee to bank for the loan given to subsidiaries applying the rate of 2.5% by the TPO was held to be not justified .

DCIT v. Hazaria Cryogenic Engineering & Construction Management (P.) Ltd. (2018) 168 ITD 344 (Mum) (Trib.)

S.92C:Transfer pricing – Arm’s length price –Method of accounting – TPO has no jurisdiction to comment on the method of accounting followed by an assessee. [ S.145 ]

Eaton Fluid Power Ltd v. ACIT (Pune) (Trib) , www.itatonline.org

S.92C: Transfer pricing – Arm’s length price- The TPO can not sit in judgement over the business model of the assessee and determine the ALP of the transactions with AEs at Nil .

AB Holdings, Mauritius-Ii, In re. (2018) 402 ITR 37 / 163 DTR 225 (AAR)

S. 92: Transfer pricing -International transactions — Arm’s length price — Transaction of sale of shares in Indian company to be benchmarked under transfer pricing provisions. [S. 92A to 92F ]

“AB” Mauritius, In re (2018) 402 ITR 311/ 163 DTR 170 (AAR)

S. 92: Transfer pricing -International transactions — Arm’s length price — Transaction of sale of shares in Indian company to be benchmarked under transfer pricing provisions. [S. 92A to 92F ]

GEA Refrigeration Technologies Gmbh, In re. (2018) 401 ITR 115 / 163 DTR 145 301 CTR 167 (AAR)

S. 90: Double taxation avoidance -Income deemed to accrue or arise in India – Capital gains-Transfer of shares by German individuals to German Company – Not liable to deduct tax at source-DTAA-India – Germany . [ S. 45, 90 , 195 , Art, 13 ]

“AB” Mauritius, In re (2018) 402 ITR 311/ 163 DTR 170 (AAR)

S. 90: Double taxation relief – Non –resident – Assessee is not operating as independent entity-Assessee is not entitled to benefit of double taxation avoidance agreement between India and Mauritius.- Transaction was held to be liable to tax in India and tax to be with held – DTAA-India –Mauritius- USA [S. 195, Art. 13 ]

AB Holdings, Mauritius-Ii, In Re. (2018) 402 ITR 37/ 163 DTR 225 (AAR)

S. 90: Double taxation avoidance agreement -Income – Non –resident -Capital gains, arising from sale of shares in Indian Company to group company in Singapore is not Liable to tax in India —DTAA-India –Mauritius [S. 195, Art. 13 ]

CIT v. Ekta Co-Op. Credit Society Ltd. (2018) 402 ITR 85/ 254 Taxman 33 (Guj) (HC)

S. 80P : Co-operative societies- Co –Operative Society is not a Credit Co-Operative Bank- Entitle deduction .[ S.80P(2)(a)(i) (4) ]