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Flash

ITAT: Rejects recharacterisation of Netflix India as full-fledged entrepreneur or content-provider; Deletes Rs.445 Cr adjustment

New Income-tax Bill, 2025 receives President's assent

Lok Sabha passes The Taxation Laws (Amendment) Bill, 2025

Lok Sabha passes Income-tax Bill, 2025

In New IT Bill latest version, adverse AMT taxation proposal done away with

New IT Bill latest version maintains status quo on loss carry forward provision

In new Income tax Bill latest version, important amendment vis-a-vis AE shareholding threshold

Snapshot of key proposals in Taxation Laws Amendment Bill, 2025, for amending IT Act, 1961

Copy of Income-tax Bill as reintroduced in Parliament

SC: 50 Key Excerpts from SC's split verdict in Shelf Drilling controversy

First on Taxsutra

Search Judgment Aftermath - Revenue seeks SC's clarification vis-a-vis Sec.148 proceedings

First on Taxsutra

SC holds 'substantial question of law' lies before HC on comparable selection & ALP…

First on Taxsutra

SC decisively sets aside/reverses Karnataka HC judgment on comparables matter, allows Revenue appeal…

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Adjustments
- Accounting Policies
- Capacity
- Credit period
- Depreciation
- Others
- Risk
- Working Capital
ALP computation
- Arithmetic Mean - Arms Length range
- Benefit of +/- 5%
- Berry Ratio
- Entity level v. transaction level
- Margin computation dispute
- Operating/Non operating Income and Expenses
  - Foreign exchange gain / loss
- Pass through costs
- Profit level indicator (eg sales or costs)
  - Cash PLI
- Segmental results
- Single Year vs Multiple Year
- Suomoto adjustment by assessee
Appellate Authority - Powers, Jurisdiction etc.
- Admission of additional evidence
- Admission of additional ground
- DRP / CIT(A) order binding on AO
- Miscellaneous Application / Miscellaneous Petition
- Non-speaking DRP/ CIT(A) orders
- Power to remand matter back to AO/TPO
- Scope and powers
Appellate Authority - Powers, Jurisdiction etc.
Applicability of TP-provisions to income covered under the Tonnage Tax Scheme
Arms length principle under tax holiday provisions
Benchmarking
- Availability of Data
- Captive service provider
- Companies held to be functionally similar
- Concept of 'tested party'
- Controlled transaction as comparable
- Domestic and International transactions
- Filters
  - Bad debts filter
  - Employee cost
  - Financial year
  - Foreign exchange earnings
  - Onsite vs. Offshore Revenue Filter
  - Other filters
  - R&D filter
  - Related party transaction
  - Turnover
- Foreign comparables
- Functional similarity / dissimilarity
  - Exclusion of comparable due to unreliable financial results
  - Fluctuations in profit margins & comparability
  - Govt. owned undertakings
  - High end services vis--vis Low end services
  - High end services vis-à-vis Low end services
  - Impact on comparability of events like merger, acquisition, spin off
  - KPO vs BPO
  - Loss Making comparables
  - Outsourcing of work
  - Ownership of Intangible & comparability
  - Relevance of product similarity for comparability
  - Secret comparables
  - Software product companies vs. Software service companies
  - Super normal profit comparables
- Industry Rates
- Internal vs. External comparables
- Location Saving / Locational Advantage
- Relevance of FAR
- Reliance on Government Guidelines (RBI, FIPB, Commerce Ministry Press Notes, etc)
- Rulings having discussion on comparability of specific companies
- Separate and combined transactions
- Updation of comparables
- Use of Customs Data
Chapter X applicability
Commercial expediency
Concept of tested party
COVID-19
Definitions
- Associated Enterprise
- International Transaction
Delayed pronouncement of order due to Covid-19 lockdown
DIN on departmental communication
Domestic TP (Pre 2012 period)
E-assessment
Functional Classification
- Contract Manufacturing
- Contract R&D
- Distributor
- Retail traders
- Sogo shosha (acting as trading intermediaries)
Functional similarity or dissimilarity
Functional similarity/ dissimilarity
International transactions
- Commission
- Cost Allocations
- Cost Sharing Arrangements
- Deemed International transactions
- Employee Stock Option Plans
- Guarantee
- Intangibles - Trademarks, Copyrights, etc.
- Inter-company balance receivables
- Interest
  - FCCD Interest
- Issue of shares
- Loan
- Management Charges
- Marketing intangible/ AMP adjustment
  - AMP-Intensity Adjustment
- Other intra-group services
- Profits attributable to PE
- Provision of Freight forwarding/ Logistics services
- Provision of Information Technology Enabled Services (ITeS)
- Provision of Investment advisory services
- Provision of marketing support services
- Provision of software development service
- Purchase of fixed asset
- Reimbursements
- Royalty
- Sale of Shares
- Transfer of business to AE
- Treatment of CCD/FCCD/OFCD
- Treatment of share application money as loan
Methods
- Comparable Uncontrolled Price Method (CUP)
- Cost Plus Method
- Cost Plus Method more appropriate than TNMM
- CUP more appropriate than TNMM
- Profit Split Method
- Resale Price Method
- Ruling relevant for other method (6th method)
- TNMM more appropriate than CUP
- Transaction Net Margin Method
- Transactional Net Margin Method
Opportunity of being heard
Other
Penalty
- Concealment Penalty
- Penalty for non-filing / delay in filing particulars, audit report
Powers / Jurisdiction of Appellate Authority
- Condonation of delay
Provision of Business Support Services
Provision of software development services
Reference to Safe Harbour Rules
Rulings having discussion on comparability of specific comparables
shareholder services
Specified domestic transaction (SDT)
Substantial question of law on comparables
TNMM
TP adjustment & MAT provisions
Transfer pricing
Transfer Pricing applicability
- Base erosion plea u/s 92(3)
- Pre-2002 provisions
- Pre-condition for invoking Chapter X & Intent
- Reference to TPO
- TP applicability & existence of income/ taxable income
Transfer Pricing assessments
- Aggregation of Transactions
- assessment post merger/amalgamation
- Consideration of APA/MAP
- Final assessment without draft order
- Granting opportunity of being heard
- Miscellenous petition / application
- Powers / Jurisdiction of Assessing Authorities
  - Adjustments by TPO on issues not referred by AO
  - Questioning commercial expediency / Proving Benefit test
  - TPOs order binding on AO
- Reassessment u/s 147 in reference to transfer pricing provisions
- Relevance of International Material (OECD Guidelines, International case laws)
  - Reference to BEPS Action Plans
- Remand for fresh consideration
- Resolution under MAP/APA
- Retraction of comparables
- Revision u/s 263 w.r.t transfer pricing
- Right of assessee to seek correction of own mistakes
- Right to contest comparable when not contested before earlier forum
- Rule of Consistency
- Secondary adjustment
- Stay of demand
- Threshold limit of Rs 5 crores
- Time limit for completing the assessment
- TP and Search Proceedings

Number

Applevel

Year

Rulings

Income tax Appellate Tribunal Latest

ITAT: Impermissible to treat resident-AE 'effectively' as third party u/s.92B(2), deletes TP-…

Jan 23, 2026

Income tax Appellate Tribunal

ITAT: Grants employee-cost adjustment for captive SWD provider; Considers covid-impact, industry reality

Jan 21, 2026

Income tax Appellate Tribunal

ITAT: Deletes TP-adjustment w.r.t supply of bagasse, disapproves mechanical adoption of CERC tariff rate

Jan 16, 2026

Income tax Appellate Tribunal

ITAT: Treats export incentive as operating income; Deletes TP-adjustment qua notional interest on overdue…

Jan 13, 2026

Trending Topics :

Union Budget 2025
TOLA
GAAR
MFN Clause
Search Assessments

News

News Latest

SC mandates strict timelines for oral arguments, issues Circular

Dec 29, 2025

News

20 Key Excerpts from ITAT ruling in Shell qua Rs. 500 cr TP adjustments

Dec 03, 2025

News

Govt notifies tolerance range for AY 2025-26; Retains 1% for wholesale traders & 3% for others

Nov 07, 2025

News

10 Unforgettable Zingers/ Sharp One-liners from ITAT's Netflix ruling

Oct 29, 2025

Experts' Corner

Expert Columns

FCA Monika Bhardwaj

Associate Director, S.R. Dinodia & Co. LLP

Incisive Analysis of Netflix Ruling on Recharacterisation as Full-Fledged Entrepreneurial Service Provider

Nov 25, 2025

Expert Columns

Sandeep Pincha

Chartered Accountant

DRP vs CIT(A): Strategic Choices and Procedural Complexities in Tax Dispute Resolution

Nov 19, 2025

Tax Ring

Finance Bill, 2025 - Transfer Pricing Proposal of 'Block Assessment' -...
Feb 01, 2025
Delhi HC's 'Wholesome Approach' on APA - Welcome Verdict?...
Jul 07, 2023

Updates

Income tax Appellate Tribunal Latest

ITAT: Holds no further profit attributable to PE once Indian entity remunerated at ALP

Jan 23, 2026

Income tax Appellate Tribunal

ITAT: Permits assessee to withdraw TP related appeal in light of India-Japan MAP resolution

Jan 23, 2026

Income tax Appellate Tribunal

ITAT: Accepts TNMM as MAM, Berry ratio as PLI for assessee-reseller; Follows precedents

Jan 23, 2026

Income tax Appellate Tribunal

ITAT: Quashes final assessment order as time-barred following Roca Bathroom ruling, considers issue pending…

Jan 23, 2026

Litigation Tracker

HC: Directs AO not to pass any assessment order on basis of TPO’s order

Jan 22, 2026

HC: Admits assessee’s appeal on jurisdiction issue u/s. 263

Jan 19, 2026

HC: Admits Revenue’s appeal on substantial questions of law involving jurisdictional issue

Dec 17, 2025

HC: Admits Mylan Laboratories’ appeal on amortization of goodwill, forex gain

Nov 28, 2025

Kaleidoscope

Reflections on Indian TP controversies: Corporate Guarantee

Jan 21, 2026

Reflections on Indian TP controversies – “Working Capital Adjustment”

Jul 09, 2024

BEPS

Stakeholders express concern over ‘twin-tests' in Draft Rules for Domestic Legislation on Scope under…
Apr 26, 2022
Stakeholders on Implementation Framework for Global Minimum Tax seek simplification, dispute resolution…
Apr 18, 2022

Taxsutra TV

Mr. Vijay Iyer bats for a more effective dispute resolution mechanism, easier compliances, effective tax rates

Jan 30, 2022

Rishabh Kumar Sawansukha, Vice President – Taxation, Snapdeal

Nov 19, 2015

Book Reviews

Tangible Guide to Intangibles

Transfer Pricing Demystified

Taxsutra Insights

Reflections on Indian TP controversies – Reassessment u/s…

Dec 10, 2025

Reflections on Indian TP controversies – " Profits attributable to PE

Nov 24, 2025

Loophole Games - A Treatise on Tax Avoidance Strategies (4th Edition, 2024)

First on Taxsutra

Search Judgment Aftermath - Revenue seeks SC's clarification vis-a-vis Sec.148 proceedings

First on Taxsutra

SC holds 'substantial question of law' lies before HC on comparable selection & ALP…

First on Taxsutra

SC decisively sets aside/reverses Karnataka HC judgment on comparables matter, allows Revenue appeal…

Experts' Corner

Expert Columns

FCA Monika Bhardwaj

Associate Director, S.R. Dinodia & Co. LLP

Incisive Analysis of Netflix Ruling on Recharacterisation as Full-Fledged Entrepreneurial Service Provider

Nov 25, 2025

Expert Columns

Sandeep Pincha

Chartered Accountant

DRP vs CIT(A): Strategic Choices and Procedural Complexities in Tax Dispute Resolution

Nov 19, 2025

Global TP Battleground

Intra Group Debt Financing: UK Ruling on TP and Corporate Tax Considerations

Aug 27, 2024

Australian Federal Court ruling on Commercial Rationality - An Analysis

Apr 15, 2024

Loophole Games - A Treatise on Tax Avoidance Strategies (4th Edition, 2024)

Tax Ring

Finance Bill, 2025 - Transfer Pricing Proposal of 'Block Assessment' -...
Feb 01, 2025
Delhi HC's 'Wholesome Approach' on APA - Welcome Verdict?...
Jul 07, 2023

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Home
Direct Tax
Transfer Pricing
- All
- Rulings
  - Rulings
  - Updates
- Litigation Tracker
- News
  - All
  - News
  - APA Space
  - Around the World
  - CBDT Corner
- Experts' Corner
- Tax Ring
- Insights
- Kaleidoscope
- BEPS
- Media
  - Taxsutra TV
  - Podcast
- Book Reviews
GST
- All
- Rulings
- Litigation Tracker
- News
- Experts' Corner
- Tax Ring
- Insights
- GST Council Meetings
- Media
  - Gstsutra TV
  - Podcast
- Book Reviews
Indirect Tax
LawStreetIndia
Learning Hub
Databases
- Atoll
- Taxsutra Database
Reservoir
Greentick