France: Court rules transfer pricing re-assessment in determining tax on added value

August 01, 2018

French tax authorities can consider income that is not “booked” in the accounts of the taxpayer-company for purposes of determining a tax on added value (“Cotisation sur la Valeur Ajoutée”—CVAE) as held by the French Supreme Tax Court

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India: HC decides on principles for admissibility of transfer pricing appeals

July 01, 2018

On 25 June 2018, the Karnataka High Court (HC) announced the decision in the case of Softbrands India Private Limited v. DCIT (TS-475-HC-2018(KAR)-TP). The ruling sets forth some significant principles relating to admissibility of appeals by HCs

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India: No international transaction with related party in the absence of an agreement with the AE

June 20, 2018

Recently, the Mumbai Bench of the Income-tax Appellate Tribunal (the Tribunal) ruled its decision on the transfer pricing (TP) case of Colgate Palmolive (India) Ltd. v. ACIT (ITA No. 6073/Mum/2014 and ITA No. 2778/Mum/2011) in favor of the taxpayer.

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India: The expenditure specifically incurred for Indian taxpayers’ market cannot be construed to benefit the AE

June 20, 2018

On 14 May 2018, the Delhi Bench of the Income-tax Appellate Tribunal ruled its decision on the transfer pricing (TP) case of BMW India Pvt. V. ACIT (ITA No 6160 / Del. / 2014) in favor of the taxpayer. The court held that, expenses that are

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Germany: The CJEU decision permits deviations from the arm’s length principle

June 07, 2018

On 31 May 2018, the Court of Justice of the European Union (CJEU) issued its decision in the case of: C-382/16 Hornbach-Baumarkt that a parent company’s position as a shareholder of a non-resident company may be taken into account in

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Denmark: Eastern High Court applies contemporaneous transfer pricing documentation rule

April 20, 2018

On 28 March 2018 a summary of a decision of the Eastern High Court in a transfer pricing case involving Microsoft Denmark was published. The case was dealt with by the Supreme Court at first instance after the court had referred it as principle. The

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India: High Court Decision on separate business segments for benchmarking purposes

April 05, 2018

On 7 November 2017, the High Court(HC) in the case of: (CIT v. ESPN Software India Limited ) decided that two closely related separate business segments can be combined for arm's length price determination. In this case, the question was whether

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India: The Tribunal considers the AMP costs to be the customs value of the transaction

February 28, 2018

The Delhi Customs Excise & Service Tax Appellate Tribunal (CESTAT) in a recent case, upheld the AMP (Advertisement, Marketing and Promotion) expenses to the transaction value declared for customs purposes. In that case, the appellant was a

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Finland: Court decides two transfer pricing cases concerning intra-group services

October 19, 2017

Recently, the Finnish Supreme Administrative Court has issued two new pre-orders on transfer pricing rules, KHO: 2017: 145 and KHO: 2017: 146. The ruling defines the policy for transfer pricing for intra-group services and how to determine the

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US: IRS appeals its tax court loss in the amazon transfer pricing case

October 08, 2017

On 29 September 2017, the Internal Revenue Service filed an appeal against March Tax Court ruling concerning Amazon’s cost-sharing agreement buy-in payment. The case is important because it is expected to provide fundamental guidance on the

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India: Tribunal decision on foreign exchange fluctuation gain or loss and arm’s length pricing

August 10, 2017

The Income-tax Appellate Tribunal in the case of ACIT v. Rajratna Metal Industries Ltd. held that a foreign exchange fluctuation gain/loss is an operating item and is not to be excluded for the purpose of computing the arm’s length price

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Israel: District Court makes a decision on Israeli transfer pricing rules

August 03, 2017

A decision was made and governed by an Israeli District Court that when an Israeli company gained IP ownership and shortly thereafter its employees and other assets (with IP) to a related party, the transfer should be counted as a sale for whole

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India: The tribunal removed the transfer pricing adjustment for intra-group services

April 16, 2017

The Ahmedabad Bench of Income-tax Appellate Tribunal, in the case of: SABIC Innovative Plastics India Pvt Ltd. (ITA No. 1125/Ahd/2014 - Assessment Year 2009-10 and IT (TP) No. 427/Ahd/16 - Assessment Year 2011-12), deleted the adjustment made by the

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India: Delhi High Court removed the penalty assessment for related-party transactions

March 20, 2017

The Delhi High Court, in the case of: Pr.CIT v. Mitsui Prime Advanced Composites India Pvt. Ltd. (ITA 913/2016, CM APPL.46519/2016), dismissing tax department’s appeal and upheld the Tribunal’s order deleting penalty under Section 271(1)(c) of

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India: Related-party Relationship Upheld by The Tribunal

March 14, 2017

Recently, the Chennai Bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of: Hospira Healthcare India Private Limited v. DCIT (ITA No. 821/Mds/2016 - AY 2011-12), held that under a provision of India’s tax law, “influence”

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India: Tribunal holds that resale price method is most appropriate method

February 27, 2017

The Delhi Bench of the Income-tax Appellate Tribunal in the case of: Swarovski India Private Ltd. v. ACIT (ITA No. 5621/Del/2014 and ITA No. 5622/Del/2014), held that the resale price method is the most appropriate method to benchmark an

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India: Loss making company couldn’t be excluded from comparable list if it satisfies comparability analysis

January 22, 2017

The Ahmedabad Bench of Income-tax Appellate Tribunal in case of: Erhardt+Leimer (India) Private Limited v. ACIT (ITA Nos. 3298/Ahd/2011 & 2880/Ahd/2012) held that consistent loss-making companies cannot be rejected as comparable unless the

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India:Transfer pricing method applies uniformly to all international transactions

November 25, 2016

The Delhi High Court, in the case of: Magneti Marelli Powertrain India Pvt. Ltd. v. DCIT (ITA 350/2014), held that taxpayer’s contractual obligation to make a payment as per business and commercial requirements and arrangements cannot ipso facto

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