sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
From the Courts »
 Paramount Propbuild Pvt. Ltd., 208, Savita Vihar, Sikka Mansion, LSC, 2nd Floor, Delhi. vs. DCIT, Circle-18, New Delhi.
 Mahendra Kumar Mogha, W-25, Ground Floor, Greater Kailash, Part-I, New Delhi. vs. ITO, Ward-29(2), New Delhi.
 Atlas Copco (India) Limited vs. DCIT (ITAT Pune)
 Baba Bhootnath Trade & Commerce Ltd vs. ITO (ITAT Kolkata)
 Shri Satya Pal Jindal, K-1446, Palam Vihar, Gurgaon – 124 107, Haryana. vs. Assistant Commissioner of Income Tax, Circle-19(1), New Delhi.
 Mr. Ravinder Tyagi, House No.271, Hastsal Village, Uttam Nagar, New Delhi. vs. The Income Tax Officer, Ward – 26(3), New Delhi.
 R.P. Sharma Marketing P. Ltd., 149-A, Baba House, 1st Floor, Kilokari, New Delhi. vs ACIT, Circle-20(2), New Delhi.
 PCIT vs. Bajaj Finance Limited (Bombay High Court)
 Jagdish C. Dhabalia vs. ITO (Bombay High Court)
 D. J. Malpani vs. CCE (Supreme Court) (Larger Bench)
 P. Leelavathi vs. V. Shankarnarayana Rao (Supreme Court)

DCIT vs. Alcatel India Limited (ITAT Delhi)
December, 05th 2014

Transfer Pricing: ALP adjustments can only be made in respect of international transactions with the AEs and cannot extend to the transactions with non AEs

It is well settled legal position that the ALP adjustments can only be made in respect of international transactions with the AEs and cannot extend to the transactions with non AEs. There are large number decisions of the coordinate benches, including in the case of Alstom Projects India Ltd Vs ACIT [26 ITR (Trib) 322], holding so. In the case of CIT Vs Stratex Networks India Pvt Ltd (354 ITR 304), Hon’ble jurisdictional High Court has also accepted this position. Learned Departmental Representative, even as vehemently relying upon the stand of the TPO, does not dispute this legal position but he contends that the factual elements embedded in this contention, at least on computation aspect, need to be verified by the TPO. That is only arithmetical part giving effect to this principle. We see no harm in this exercise.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2019 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Portfolio

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions