Copying and distributing are prohibited without permission of the publisher

Indian ITAT ruling helps justify royalty payments by manufacturers to group companies

22 November 2012

Joe Dalton

A recent ruling by India’s Income Tax Appellate Tribunal (ITAT) Mumbai bench should help to justify the payment of royalty by entities undertaking contract manufacturing, toll manufacturing or fully-fledged manufacturing for their group companies.

In the case of SC Enviro Agro India v DCIT the tribunal held that it is not the role of a transfer pricing officer (TPO) to assess whether a technology royalty was payable as a legitimate business purpose. The tribunal said the TPO's role is to analyse only whether the payment was made at an arm's-length price, and it is for the assessing officer (AO) to determine whether or not the royalty should have been paid.

SC Enviro Agro case

SC Enviro Agro (Enviro Agro) entered into a technical licence agreement with Sumitomo Chemical Company (SCC) which allowed it to produce certain chemical products commercially as part of its insecticide and pesticide manufacturing business.

The agreement entailed that Enviro Agro only sold its products to companies approved by SCC.

It also purchased any intermediate ingredients only from SCC.

The company to which most of Enviro Agro's products were...



This article is locked content, available to current subscribers or trialists.

  • Current subscribers or trialists - Please log in to view this article in full.
  • New users - Please take a free 7 day trial.
  • Expired subscribers or trialists - Please subscribe to gain immediate full access.

If you think you've received this message in error, please contact your account manager, Nick Burroughs:
Email: nburroughs@euromoneyplc.com, Tel: +44 (0)207 779 8379

Subscribe now

Subscribe today to gain full access to International Tax Review.

Subscribe

Free trial

Take a free trial now and gain 7 days of full access to International Tax Review.

Free trial





International Tax Review Profile

RT @StefLvc: EU reform --> of the ^^ Statutory Audit Market ^^ will be effective beginning 17 June 2016 with the Exception of Mandatory Fir…

Oct 24 2014 11:44 ·  reply ·  retweet ·  favourite
International Tax Review Profile

Welcome to our new followers @FrankCallanJr @vatlive @BDO_USA_Tax @MattisVGansbeke @LaghmouchiLaw @burrelle9621 @Feed_Lex

Oct 24 2014 11:09 ·  reply ·  retweet ·  favourite
International Tax Review Profile

RT @FinanceCanada: .@joeoliver1 tables second #EAP14 bill to support Jobs & Growth and return to balanced budgets in 2015 http://t.co/xhlxt

Oct 24 2014 08:42 ·  reply ·  retweet ·  favourite
International Tax Review Profile

.@FriedFrankTech announces double hire of Roman and Thornton http://t.co/Yhi3pN3DQ2

Oct 22 2014 01:37 ·  reply ·  retweet ·  favourite
International Tax Review Profile

RT @TPWeek: Registered for #AsiaTP2014 yet? Sign up here: http://t.co/AXdO49OKjJ #transferpricing #tax @IntlTaxReview

Oct 22 2014 01:18 ·  reply ·  retweet ·  favourite
International Correspondents

After the Irish budget, what would make you more likely to put more substance into Ireland?