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

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 climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article