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 VAT and GST in India :: TAX RATES - GOODS TAXABLE @ 4% :: cpt :: ACCOUNTING STANDARD :: Central Excise rule to resale the machines to a new company :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TDS :: ACCOUNTING STANDARDS :: empanelment :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT RATES :: form 3cd :: due date for vat payment :: list of goods taxed at 4% :: VAT Audit
 
 
« ITAT-Constitution of Benches »
 Income Tax Appellate Tribunal Mumbai Benches, Mumbai Consolidated Cause list of SA/MA/Pronouncement for friday 19/05/2017
 Income Tax Appellate TriBunal. Bangalore Bengalore Benches Bangalore 'A' Bench DB Cases Causelist for the week from 15/05/2017 To 18/05/2017
 Income Tax Appellate Tr!Bunal Chennai Benches Chennai Constitution For The Week From 15/05/2017 To 18/05/2017
  Income Tax Appellate Tribunal, Mumbai Consolidated list of orders ready for Pronouncement on 17.05.2017
  Income Tax Appellate Tribunal, Visakhapatnam 15.05.2017
 ITAT to fast track process of tax hearing, prioritise pending cases of senior citizens, salaried employees
 Income Tax Appellate Tribunal Ahmedabad Benches , Ahmedabad S/shri Rajpal Yadav, Jm & Manish Borad, Am Causelist For Bench 'A' Date : 08/05/2017
 IncomeTax Appellate Tribunal Pune Benches, Pune Causelist for Bench 'A' The Week Ending 19/05/2017
 Income Tax Appellate Tribunal : Kolkata Benches : Kolkata Consolidated list of Orders read for Pronouncement on 05/05/2017
 Income Tax Appellate Tribunal : Bangalore Benches : Bangalore Revised Constitution for the week from 08/05/2017 To 11/05/2017
 Income Tax Appellate Tribunal Kolkata Benches , Kolkata Constitution of Kolkata Benches from 08/05/2017 To 11/05/2017 (12th May 2017- M.A.Day)

Kodiak Networks (India) Pvt Ltd vs. ACIT (ITAT Bangalore)
February, 02nd 2012
TPO can rely on contemporaneous data even if not available at specified date
 
In a transfer pricing appeal, the Tribunal had to consider two issues: (a) what is the data to be considered by the TPO at the time of determining ALP? & (b) whether the assessee should be given an opportunity to refute the material sought to be utilized by the TPO? HELD by the Tribunal:

(i) Under Rule 10D (4) the information and documents should as far as possible be contemporaneous and should exists latest by the specified date specified in s. 92F (4) i.e. the due date for filing the ROI. There is no cut-off date upto which only the information available in public domain can be taken into consideration by the TPO while making the transfer pricing adjustments and arriving at the ALP. The assessees argument that s.92D and Rule 10D is defeated if the TPO takes the data which is available in the public domain after the specified date is not acceptable.
 
(ii) While the TPO is empowered by s. 131(1) & 133(6) to call for information without informing the assessee about the process, he cannot use such information against the assessee without giving the assessee a reasonable opportunity of hearing. If the assessee seeks an opportunity to cross-examine third parties, it has to be given the opportunity (Genisys Integrating Systems followed)
 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Content Management System developers CMS developers Content Management Solutions CMS Solutions CMS India Content Management System India CMS development India Website CMS Website Content Management India Portal CMS India CMS Outsourcing CMS Vendor Complete CMS Custom CMS Services

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