TWO SUBSEQUENT SC DECISIONS

from #TaxmannPPT | How to Handle Transfer Pricing Litigation – Post Supreme Courts' Decision in SAP Labs

KEY FINDINGS OF SC

• Principal CIT v. Evalueserve.com (P.) Ltd. [2023] 147 taxmann.com 466 (SC): SLP dismissed against order of High Court.

• Principal CIT v. Evalueserve.Com (P.) Ltd [2023] 146 taxmann.com 579 (Delhi) – The High Court held that Tribunal gave cogent reasons and disclosed functional reasons to elucidate dissimilarities between four entities and assessee and therefore exclusion of four comparables by Tribunal for determining ALP of assessee was upheld.

• The Tribunal had dealt with exclusion of Eclerx Services,TCS E-services Ltd, BNR Udyog and Excel Infoway Ltd.

• DIT v.Travelport Inc. [2023] 149 taxmann.com 470 (SC) - SC held that Question as to what proportion of Profit is attributable to India is a question of fact.The ITAT had dealt with profit attribution for DAPE.

TWO SUBSEQUENT SC DECISIONS

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#TaxmannPPT | How to Handle Transfer Pricing Litigation – Post Supreme Courts' Decision in SAP Labs