Latest Expert Exchange Queries
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) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ARTICLES ON INPUT TAX CREDIT IN VAT :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4% :: VAT Audit :: cpt :: VAT RATES :: ACCOUNTING STANDARD :: form 3cd :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARDS :: TDS :: Central Excise rule to resale the machines to a new company :: empanelment :: articles on VAT and GST in India
 
 
« ITAT-Constitution of Benches »
 Income Tax Appellate Tribunal New Delhi Benches New Delhi The Revised Constitution of Delhi Benches from 28/11/2016 To 01/12/2016
 Income Tax Appellate Tribunal Mumbai Benches Mumbai Statement showing The List of Special Bench Cases Pending for 2016 as on 16/11/2016
 Income Tax Appellate Tribunal Mumbai Benches Mumbai list of order ready for pronouncement on 30/11/2016
 Income Tax Appellate Tribunal Chennai Benches Chennaj Revised Constitution For The Week From O5/1212016 To O8/12120-16
 Income Tax Appellate Tribunal: Vice President’s Secretariat: Hyderabad Constitution Of Hyderabad Benches
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal, Mumbai Benches, Mumbai. List Of Division Bench Cases Posted For Hearing From 25.11.2016
 Income Tax Appellate Tribunal, Hyderabad Benches, Hyderabad. List Of Division Bench Cases Posted For Hearing From 28.11.2016 To 01.12.2016 Before ‘a’ Bench
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal Chennai Benches Chennai Constitution for the Week 21/11/2016 To 2411/2016

Demag Cranes & Components (India) vs. DCIT (ITAT Pune)
January, 16th 2012
Transfer Pricing: TPO is duty bound to eliminate differences in comparables data
 
In a Transfer Pricing matter, the Tribunal had to consider whether for purposes of making adjustment under Rule 10B (1)(e)(iii) working capital constituted a difference between the international transactions and the comparable uncontrolled transactions of between the enterprises entering into such transactions and if so whether the said difference could materially affect the amount of net profit margin of relevant transactions in the open market. HELD by the Tribunal:
 
Rule 10B(e)(iii) provides that the profit margin arising in comparable uncontrolled transactions has to be adjusted to take into account the differences, if any between the international transaction and the comparable uncontrolled transactions, or between the enterprises entering into such transactions, which could materially affect the amount of net profit margin in the open market. While the differences are not specified, it covers any differences which could materially affect the amount of net profit margin. The litmus test to be applied is if the difference, if any, is capable of affecting the NPM in open market? If yes, then the TPO is under statutory obligation to eliminate such differences. The revenue cannot say that difference is likely to exist in all accounts and so the demands of the assessee should be ignored. The revenues stand that the assessee is ineligible for any adjustments if he provides the set of comparable is not correct because under Rule 10(3) it is the duty of the AO/TPO/DRP to minimize/eliminate the difference which is likely to materially affect the price. It is the settled proposition that working capital adjustment is an adjustment that is required to be made in TNMM. The revenues contention that the differences specified should refer to only (i) the factor of demand and supply; (ii) existence of marketable intangibles i.e. brand name etc; (iii) geographical location and the like is not acceptable. Further, as the difference in the Arms length Operating Margin of the Comparables before and after making the adjustment for working capital was up to 3.77%, it was material and had to be eliminated (Mentor Graphics 109 ITD 101 (Del), E-gain Communication 118 ITD 243 (Pune) Sony India 114 ITD 448 (Del) & TNT India followed)
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Application Management Solutions Application Management System Application Management Software System Application Management Development Application Management Software Development

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