ITAT Explains Important Law On Attribution Of Profits To PE

CLR Editorial Notes: In this case related to Profit attribution to PE, the Tribunal had to consider the following legal issues: (i) whether the assessee could be said to have a PE in terms of Article 5(1) and 5(2) of the DTAA? (ii) what is the correct method to allocate profits to the PE?, (iii) whether fees… Read More

Tags: BusinessCommonwealth Law ReportsDouble taxationFinance ActIndiaProfit (economics)Royaltiestransfer pricing

Applicability of RBI Guidelines to Income Tax

Introduction We are aware that foreign exchange regulations are governed by Reserve Bank of India (˜RBI™) and income tax regulations by the Central Government. Yet, is it possible to conclude that limits laid down by RBI can be considered as  Arm™s Length Price (˜ALP™) for the purposes of transfer pricing under the under Income tax… Read More

Tags: ALPArms Length Pricingforeign direct investmentIncome taxIndiamoney launderingReserve Bank of IndiaRoyalties

Transfer Pricing: Automatic RBI approval means transaction is at Arms Length Price

CLR Editorial Notes: The IT Appellate Tribunal had to consider two legal issues in the context of transfer pricing in this case. (i) whether a royalty agreement falls within the ˜automatic approval scheme™ and is approved or deemed to be approved by the RBI, and if so, whether the royalty can be treated to be at arms™… Read More

Tags: ALPArm's length principleIndiaProfit marginrbiRoyaltiesTaxation in Indiatransfer pricing

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