S. 115-O: Domestic companies-Tax on distributed profits-Dividend Distribution Tax-Dividend paid to non-resident shareholder-Rate prescribed under section 115-O applicable-Rate under DTAA not applicable to domestic company paying dividend distribution tax.

S. 92CA: Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Investment in equity shares of overseas subsidiary-Not an international transaction of loan-No notional interest could be charged. [S. 92B, 92C]

S. 92CA: Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Interest on unsecured compulsorily convertible debentures-Arm’s length rate accepted in earlier years-Revenue could not adopt a different view in absence of change in facts. [S.92C, 143, R. 10B]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Export commission paid to Associated Enterprise-Higher export profitability established-Transfer pricing adjustment deleted-Jurisdiction confined to determination of Arm’s Length Price-Commercial expediency of expenditure cannot be questioned-Model fee paid to Associated Enterprise allowable.[S.92CA]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Transfer of shares-Discounted Cash Flow (DCF) method-Transfer Pricing Officer cannot substitute projected figures with actual subsequent results. [S.56(2)(viib), 92B, 92CA, Rr. 10B, 11UA]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction Technical know-how fees-Transfer Pricing Officer cannot determine arm’s length price at Nil without applying prescribed method-Need-benefit test not permissible. [S. 92CA]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Liability and doubtful debts written back-Operating income-Foreign exchange fluctuation loss-Operating in nature-Technical know-how fees-Arm’s length price cannot be determined at Nil-Need-benefit test not permissible. [S.4, 5, 92CA]

S. 92C : International transactions-Arm’s length price-Comparables-Functionally different company-Absence of segmental results-Comparable directed to be excluded.[S.92CA]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Royalty-Benchmarking-Transactional Net Margin Method adopted at entity level-Separate benchmarking of royalty not warranted.

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Profit Level Indicator-Gross margin on sales appropriate where associated enterprises are risk-bearing distributors.-Tested party-Alternative benchmarking adopting associated enterprises as tested parties-Accepted-Interest on loans to associated enterprises-Assessee’s contention that loans formed part of shareholder activities not examined-Matter remanded-Corporate, financial and performance guarantees-International transactions-Guarantee commission chargeable at 0.5 per cent-Imputation of royalty from associated enterprises-Assessee not owner of brand-No notional royalty could be charged. [R. 10B]