Technical Update from India

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Technical Update from India

am1f.jpg

TP Week sponsor KPMG India comments on two key technical developments



am1in.jpg

Facility to keep in abeyance collection of outstanding taxes under MAP now extended to Indian residents The government of India has extended the facility of suspension of disputed tax demand both for US and Indian residents.

This would result in Indian revenue authorities taking cognisance of MAP filed by US affiliate of the Indian assesses, while keeping in abeyance the collection of tax demands especially those arising from transfer pricing adjustments.

As per CBDT instruction, on receipt of request from an Indian or US resident, the Assessing Officers are required to keep the collection of outstanding taxes in abeyance after confirming the pendency of MAP from CBDT and an adequate bank guarantee from the applicant.

Losses on account of Indian government’s price regulations cannot result in arranged transaction to invoke transfer pricing provisions

An Indian company engaged in importing drugs from a German parent incurred losses after the drug’s sale prices were fixed at lower level by the Indian government under the Drugs Price Control Order. The assessing officer (AO) disallowed the loss, stating it was as a result of business arrangement between the two companies.

On appeal, the Appellate Commissioner deleted the additions made by the AO. On further appeal by Revenue, the Mumbai tribunal recently held that the sale of drugs resulted in a loss because of the Indian Government’s price regulations and the transaction between the two companies were not an arranged transaction and special provisions relating to avoidance of tax for disallowing loss cannot be invoked.

Contributed by Rohan Phatarphekar (rohankp@kpmg.com and A.Pradeep (pradeepa@kpmg.com) - KPMG India.

more across site & shared bottom lb ros

More from across our site

Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
In the first of a two-part series, experts from Khaitan & Co dissect a highly anticipated Indian Supreme Court ruling that marks a decisive shift in India’s international tax jurisprudence
The OECD profile signals Brazil is no longer a jurisdiction where TP can be treated as a mechanical compliance exercise, one expert suggests, though another highlights 'significant concerns'
Libya’s often-overlooked stamp duty can halt payments and freeze contracts, making this quiet tax a decisive hurdle for foreign investors to clear, writes Salaheddin El Busefi
Eugena Cerny shares hard-earned lessons from tax automation projects and explains how to navigate internal roadblocks and miscommunications
The Clifford Chance and Hyatt cases collectively confirm a fundamental principle of international tax law: permanent establishment is a concept based on physical and territorial presence
Australian government minister Andrew Leigh reflects on the fallout of the scandal three years on and looks ahead to regulatory changes
The US president’s threats expose how one superpower can subjugate other countries using tariffs as an economic weapon
The US president has softened his stance on tariffs over Greenland; in other news, a partner from Osborne Clarke has won a High Court appeal against the Solicitors Regulation Authority
Emmanuel Manda tells ITR about early morning boxing, working on Zambia’s only refinery, and what makes tax cool
Gift this article