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 2025

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

Technical Update from India

aig.jpg

Rohan Phatarphekar and A Pradeep from TP Week correspondent firm KPMG in India report on two recent cases

aigatin.jpg

The taxpayer is now entitled to a tax holiday on voluntarily increased income due to transfer pricing adjustment

Under Indian TP regulations, the tax assessing officer (AO) has powers to determine the arm’s length price (ALP) relating to international transaction between associated enterprises. However, the tax holiday is not available on the enhanced income determined by the AO after considering the ALP.

In a recent case involving iGate Global Solutions (pictured), the taxpayer after computing the ALP in relation to its international transactions, made an upward adjustment to its income and claimed tax holiday on its total income.

The Bangalore tribunal held that such upward adjustment by the tax payer is not an enhancement due to determination of ALP by the AO; hence a tax holiday shall be available on such voluntarily increased income.

A foreign company providing computer reservation system (CRS) services is not to be taxed in India even though a permanent establishment (PE) exists, if the PE is remunerated at arm’s length.

In the case of Galileo International, the Delhi tribunal held that the taxpayer had a business connection in India under the Income-tax Act, 1961 and fixed/agency place PE under the India-US tax treaty. Accordingly, 15% of the revenue accruing from bookings made in India was attributed to the PE.

However, the tribunal relying on Supreme Court’s decision in Morgan Stanley’s case held that the entire income accruing in India was completely offset and exhausted, inter-alia, by arm’s length payments to Indian distributor. Therefore no income could be further charged to tax in India.

rohankp@kpmg.com

pradeepa@kpmg.com

more across site & shared bottom lb ros

More from across our site

ITR spoke to two US TP experts about the long-running dispute, with one arguing that the case highlights ‘weaknesses’ with the comparable uncontrolled transaction method
The new practice, which features former ‘big four’ experience, already has over 20 team members
Speakers from companies including Uber and Stripe told the inaugural AI in Tax Forum to brace for impending changes to how advisers work
Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Gift this article