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Computation of arms length price SLP dismissed against High Courts ruling that where both D and S were promoters with controlling shareholding over assessee company and assessee chose to import components not from manufacturer D but from intermediary S and this unusual feature remained unexplained by assessee

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) DIARY NO. 21514 OF 2016

 

Denso India (P.) Ltd.....................................................................Appellant.
v.
Commissioner of Income-tax........................................................Respondent

 

ARUN MISHRA, J.

 
Date :MARCH  2, 2017 
 
Appearances

Sandeep Devashish Das, Adv. for the Petitioner.


Section 92C of the Income Tax Act, 1961 — Transfer Pricing — Computation of arms length price — SLP dismissed against High Court's ruling that where both D and S were promoters with controlling shareholding over assessee company and assessee chose to import components not from manufacturer D but from intermediary S and this unusual feature remained unexplained by assessee, TPO was justified in applying CUP method for same while accepting value of all other international transactions on basis of TNMM — Denso India P. Ltd. vs. Commissioner of Income Tax.


JUDGMENT


1. The learned counsel appearing for the Petitioner seeks permission to withdraw this Special Leave Petition.

2. Permission is granted.

3. The Special Leave Petition is, accordingly, dismissed as withdrawn.

 

[2017] 246 TAXMAN 375 (SC)

 
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