2016-TII-36-HC-MUM-TP

CIT Vs TCL INDIA HOLDINGS PVT LTD: BOMBAY HIGH COURT (Dated: July 12, 2016)

Income tax - AE - ALP - inconsistent stand - entitity level.

Whether when it comes to taking a legal stand on an issue, each commissionerate is to be construed as a separate legal entity - NO: HC

Whether while framing questions of law the Revenue should generally involve counsels appearing in the case - YES: HC

Whether the trackrecord of winning cases should be one of the criteria for the Revenue to empanel an advocate for its cases - NO: HC

Case admitted

2016-TII-376-ITAT-DEL-TP

NIKON INDIA PVT LTD Vs DCIT: DELHI ITAT (Dated: July 15, 2016)

Income tax - Sections 92CA(2A), 92CA(2B), 143(3) & 144C.

Keywords - ALP - AE - AMP expenses - lack of jurisdiction - power of TPO & prospective application.

Whether the jurisdiction of the TPO is extendable to other international transactions which come to his notice during the course of proceedings, even if the same is not referred to him by the AO - YES: ITAT

Whether the power of the TPO to determine the ALP of an international transaction is restricted to those referred by the AO alone - NO: ITAT

Whether when certain procedures by way of Instruction has been put in place by the CBDT w.e.f 10th March, 2016, it has to be treated as prospective, and the TPOs/AOs will have to follow the same qua the matters under their consideration on 10th March, 2016 and onwards only, when the same has been issued as a replacement of the previous Instruction - YES: ITAT

Whether the selling expenses directly incurred in connection with sales not leading to brand promotion, should not be brought within the ambit of AMP expenses - YES: ITAT

Case remanded