The similarity between customs valuation and transfer pricing methodologies is that the objective of both is to establish whether or not the price at which the transaction has been entered into has been influenced by the relationship between the parties entering into the transaction.
A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.
Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an organisation by granting them the right to benefit from any appreciation in the value of the common stock (shares) of a corporation.
While the requirement of compliance with transfer pricing regulations by all the AEs involved in a transaction has been a subject matter of intense debate and practically, many foreign AEs do not comply with TP regulations in India, a recent ruling of a Special Bench of ITAT, Kolkata emphasises the requirement of compliance with Indian TP regulations by non-residents even where they do not receive any income because of their relationship with Indian AE.
Delhi High Court in a recent decision has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordinary items of income.
Recently, the Central Board of Direct Taxes notified the rules for granting of Foreign Tax Credit (FTC) to resident taxpayers on income earned in foreign jurisdiction.
While Section 9(1) (ii) creates a deeming fiction on what could be an accrual or deemed accrual in respect of salary received/receivable by a non- resident, there is no clear explanation in the Act with respect to amounts/income which has been received or deemed to have been received.
India entered into The Double Taxation Avoidance Agreement (‘DTAA’) with Mauritius on 24th August, 1982.
Last year, the Indian Government introduced a voluntary declaration of undisclosed foreign income and assets for resident taxpayers under the Black Money Act which met with limited success.