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 deal establishes Ryan’s property tax presence in Scotland and expands its ability to serve clients with complex commercial property portfolios across the UK, the firm said
Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Gift this article