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

The firms made senior hires in Los Angeles and Cleveland respectively; in other news, South Korea reported an 11% rise in tax income, fuelled by a corporation tax boom
The ‘deeply flawed’ report is attempting to derail UN tax convention debates, the Tax Justice Network’s CEO said
Salim Rahim, a TP specialist, had been a partner at Baker McKenzie since 2010
While the manual should be consulted for any questions around MAPs, the OECD’s Sriram Govind also emphasised that the guidance is ‘not a political commitment’
The landmark Indian Supreme Court judgment redefines GAAR, JAAR and treaty safeguards, rejects protections for indirect transfers and tightens conditions for Mauritius‑based investors claiming DTAA relief
The expansion introduces ‘business-level digital capabilities’ for tax professionals, the US tax agency said
As tax teams face pressure from complex rules and manual processes, adopting clear ownership, clean data and adaptable technology is essential, writes Russell Gammon, chief innovation officer at Tax Systems
Partners want to join Ryan because it’s a disruptor firm, truly global and less bureaucratic, Tom Shave told ITR
If Trump continues to poke the world’s ‘middle powers’ with a stick, he shouldn’t be surprised when they retaliate
The Netherlands-based bank was described as an ‘exemplar of total transparency’; in other news, Kirkland & Ellis made a senior tax hire in Dallas
Gift this article