Technical Update from India
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 & bottom lb ros

More from across our site

Laura Hinton would have been the first-ever woman in that position
The former US Treasury official calls time on his government stint; in other news, the G-24 maintains pressure over international tax policy
Proposed regulations on corporate excise tax pose challenges on different fronts, experts tell ITR
The finalists for the 13th annual awards have been revealed
Mazars needs to do all it can to capitalise on TP as a growth area, ex-Deloitte TP director Jeremy Brown has told ITR
Sanjay Sanghvi and Raghav Bajaj of Khaitan & Co provide a practical guide for foreign investors looking to capitalise on Indian’s investment potential
The newly launched Tax Responsibility and Transparency Index will assess the ethicality of companies’ tax practices against global standards and regulations
The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
Gift this article