CASE LAWS
2017-TII-10-SC-TP
CIT Vs PTC SOFTWARE INDIA PVT LTD: SUPREME COURT OF INDIA (Dated: July 4, 2017)
Income tax - contemporaneous data - functional filter - routine service provider - RPT transactions & selection of comparable.
The Revenue Department preferred the present SLP challenging the judgment, whereby the High Court held that the data to be used for comparability analysis should be contemporaneous with the time when international transactions are entered into by the tested parties.
Having heard the parties, the Supreme Court condones the delay and granted leave to the Department to defend their case on the issue of comparability analysis.
Leave granted
2017-TII-21-SC-INTL
DIT Vs AP MOLLER MAERSK AS: SUPREME COURT OF INDIA (Dated: July 3, 2017)
Income tax - India-Denmark DTAA - Article 9
Keywords - attribution of income - operation in international traffic & shipping business
The Revenue Department preferred the present SLP challenging the judgment, whereby the High Court had held that receipts attributed to operation of ships by a Denmark resident entity in international traffic, could not be denied the benefit of Article 9 of Indo Denmark DTAA, if the income was on account of use of containers from the operations of feeder vessels having nexus with shipping business.
Having heard the parties, the Supreme Court condones the delay and grants leave to the Revenue Department to defend their case on the issue of "attribution of receipts from operation of ships in international traffic".
Leave granted