simply inTAXicating - GST Law: Model or Modular? (Episode 2)
2016-TII-372-ITAT-KOL-TP-SB
INSTRUMENTARIUM CORPORATION LTD Vs ADIT : KOLKATA ITAT
(Dated:
July 15, 2016)
Whether the substitution of zero interest by arm's length interest can alter the basic character of transaction of loan given by the non resident Associate Enterprise to its wholly owned Indian subsidiary - NO: ITAT
Whether an assessee can be considered genuine in contending that when it had not reported any income from a particular international transaction, any ALP adjustment can also not to be computed in respect of such transaction entered into - NO: ITAT
Case remanded to Division Bench
2016-TII-34-HC-DEL-TP
CIT Vs
ORACLE INDIA PVT LTD :
DELHI HIGH COURT (Dated: July 12, 2016)
Whether enhancement of royalty paid by the assessee is justified in terms of change in the government policy wherein the government removes the requirement of computing royalty with reference to the Indian Published Price - YES: HC
Whether such enhancement made by the assessee should be allowed, when TPO has accepted such enhanced payment in respect of subsequent AYs - YES: HC
Whether such enhancement made by the assessee is justified, when DRP has also accepted assessee's case for two subsequent AYs - YES: HC
Revenue's appeal dismissed