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Computation of arms length price SLP granted against High Courts ruling that where services rendered were supported by invoices and assessee had achieved huge export turnover which demonstrated prima facie that services were in fact rendered by AE in obtaining exports order for assessee

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) NO. 3484 OF 2017

 

Commissioner of Income-tax, Jalandhar...........................................Appellant.
v.
Max India Ltd. .................................................................................Respondent

 

A.K. SIKRI AND ASHOK BHUSHAN, JJ.

 
Date :FEBRUARY  20, 2017 
 
Appearances

Rohit Rao N., Ms. Devahuti Tamuli, D.L. Chidananda and Mrs. Anil Katiyar, Advs. for the Petitioner.


Section 92C of the Income Tax Act, 1961 — Transfer Pricing — Computation of arms length price — SLP granted against High Court's ruling that where services rendered were supported by invoices and assessee had achieved huge export turnover which demonstrated prima facie that services were in fact rendered by AE in obtaining exports order for assessee, TPO was justified in determining value of said services at nil — Commissioner of Income Tax vs. Max India Ltd.


JUDGMENT


1. Delay condoned.

2. Leave granted.

3. To be heard along with Civil Appeal No. 5576 of 2010.

 

[2017] 246 TAXMAN 308 (SC)

 
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