25 January 2017
The assessee is engaged in the business of manufacture and sale of polished diamonds. The assessee entered into an international transaction with a Belgian Entity by name Blue Gems BVBA. The Assessing Officer (AO) was of the view that the said entity would qualify to be Associated Enterprises (AEs) on the ground that the assessee and Blue ...
17 July, 2015
Corporate guarantees have often been examined for transfer pricing adjustment. While there are number of judgements on how to determine the ALP and that bank rates are not to be applied, whether the transaction is an international transaction is always intriguing.
ITAT, Hyderabad in its decision in Four Soft P Ltd v. DCIT...
19 June, 2015
Advance Pricing Agreement (‘APA’) Scheme was introduced in the statute in 2012, which authorizes the CBDT to enter into agreement with the taxpayers, prescribing the arm’s length price (ALP) for international transaction which have been undertaken (which are continuous in nature) and those to be entered into between related parties in t...
9th May, 2013
In a recent order, the Income Tax Appellate Tribunal (ITAT), Mumbai had the occasion to go into the question of what is or is not an international transaction. The parent company of the appellant had sold its imaging business, globally. As part of this, but on facts, independently, the Indian subsidiary sold its medical imaging business to the subsidiary of the foreign buyer. Th...
By Dr. Smita Bhatia
The Draft Environment Laws (Amendment) Bill, 2015 was published by the Ministry of Environment, Forest and Climate Change (MoEFCC) on October 7, 2015. The objectives of the Draft Bill are to provide for “effective deterrent penal provisions” and to introduce “the concept of monetary penalty for violations and contrav...
By Dr. Smita Bhatia
Plastic packaging is big business. The India Brand Equity Foundation (IBEF) estimated the Indian packaging industry to be at about US$28 billion in 2014, with roughly half the market share belonging to plastic packaging [see end note 1]. Polyethylene and Polyethylene terephthalate (PET) account for nearly 70% of the polymers used in f...
By Smita Bhatia
Over the past few decades, the Supreme Court of India has taken environmental degradation very seriously. The Supreme Court has proactively incorporated advanced legal principles such as polluter pays, precautionary principles, absolute liability and public trust-doctrine to revive India’s environmental laws. The environmental juris...
By Sumeet Khurana
A person resident of India under the Income-tax Act, 1961 (‘the IT Act’) is liable to tax in India on his global income [see end note 1]. The resident, when transacting with its Associated Enterprise (AE) is obliged to offer to tax, the income arising
Dated: Sep 27, 2016
By N.V. Balaji and R. Subhashree
In a recent landmark case, the Full Federal Court of Australia in FC of T v. SNF (Australia) Pty Ltd (SNFA) -  FCAFC 74, ruled in favour of the tax payer and held against the adjustments sought to be made in respect of the transactions with parent. The Commissioner had considered that the transactions required adjustment, as they were not at arm’s length...
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