| 2016-TII-INSTANT-ALL-340 | 14 July 2016 |
CIT Vs KODAK INDIA PVT LTD: MUMBAI HIGH COURT (Dated: July 11, 2016) Whether the transfer of business from one AE in India to another in India itself would be deemed to be an International Transaction as per Sec 92B, when the global agreement between the holding company and the AEs did not affect the same transaction - No: HC Whether when TPO arrived at the ALP by adopting a method not prescribed in Section 92C & Tribunal declined to restore the matter to AO and Revenue did not challenge the same, the Revenue can subsequently prefer an appeal against such an order of the Tribunal - No: HC Revenue's appeal dismissed SHRI GANESH CHANDRASEKARAN Vs ITO: CHENNAI ITAT (Dated: June 23, 2016) Whether it is open to the Revenue to tax the salary income of a non-resident assessee in India, merely because the foreign employer of assessee has applied for TAN and PAN Nos. for compliance of I-T Provisions, when the assessee has stayed in India only for a period of 138 days as an assignee and has not even been provided opportunity of hearing to explain that the foreign employer has no PE in India - NO: ITAT Case remanded |
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