All posts by nangia

Transfer pricing disputes: Interest payout relief coming for MNCs- Rakesh Nangia

Dear All The Central Board of Direct Taxes (CBDT) proposes to provide a relief to MNCs on the interest payable by them on the untaxed profits stashed abroad, requiring to be repatriated back to India under the transfer pricing regime. It now plans to ease a rule on the manner of computation of interest in the case of MNCs opting for a Mutual Agreement Procedure (MAP)/Advance Pricing Agreement (APA) process to settle transfer pricing disputes. 1. Rakesh Nangia, Managing Partner shares his views on aforementioned story for Hindu Business Line. Transfer pricing disputes: Interest payout relief coming for MNC

Pick right ITR form based on your income source

Dear All The Central Board of Direct Taxes (CBDT) had recently announced the new Income Tax Return (ITR) forms in which the taxpayers are required to furnish the details of income earned, source of the same and taxes paid in respect of the financial period beginning April 1, 2017 to March 31, 2018. By notifying the new ITR forms much before the commencement of the tax filing season, CBDT has depicted its commitment to improve service to taxpayers and to provide them sufficient time for filing tax returns. Neha Malhotra, Executive Director with inputs from Vasudha Arora contributed an article on Income Tax Return filing: Pick right ITR form based on income source for Financial Express.  

Tax & Regulatory Newsletter- April 16- May 31st, 2018

Greetings! We are pleased to attach herewith the Tax & Regulatory Newsletter for April 16- May 31st, 2018 highlighting major recent tax and regulatory developments. Inside this issue… DIRECT TAX
  1. Marketing support services availed by BPO to expand its market outside India is not chargeable to tax in India – Kolkata ITAT
  2. Bengaluru ITAT reaffirms payment for adwords program as royalty in case of Google India
  3. ITAT: Franchise agreement doesn’t create Indian PE for dominos
  4. CBDT  issues notification for start-up  companies seeking exemption from provisions of section 56(2)(Viib)
  5. CBDT issues instructions to smoothly implement the income tax provisions concerning start-up companies
  INTERNATIONAL TAX
  1. US-China trade war is back on: White House repeats threat to tax Middle Kingdom imports
  2. Silicon Valley tsunami? Tax plans aimed at Apple, Google could start a new wave, city leaders say
  3. Canadian economic policies in hot seat after U.S. tax changes
  4. Amazon, EBay Put Spotlight on Rivals in U.K.’s Tax Fraud Fight
  5. Merkel proposes new data tax
  TRANSFER PRICING
  1. HC upheld ITAT’s invocation of Rule 10B for allowing capacity utilization adjustment to manufacturer taxpayer
  2. ITAT discards WDV based benchmarking of purchase transaction and agrees to take  customs/DCF/chartered engineer’s valuation.
  3. ITAT directed TP Provisions not applicable once transaction proved as sham
  4. ITAT holds that Revenue can determine taxpayer’s ALP, despite of AE’s Income acceptance, considering likely base erosion
  5. ITAT deletes TP-adjustment on corporate guarantee and remits ALP computation of interest on convertible debentures
  6. ITAT rejects Nil-ALP determination in respect of royalty payment and discards adoption of foreign comparable for benchmarking brand royalty
  We trust that you will find it interesting and informative.   Nangia & Co LLP – Tax and Regulatory Newsletter – April 16 – May 31st , 2018

Dissent in Nokia tax verdict may mean more litigation – Rakesh Nangia

A dissenting judgment in the majority order by a tax tribunal over the issue of permanent establishment (PE) has fuelled fear of more litigation. The Income Tax Appellate Tribunal (ITAT) ruled in favor of Finland-based Nokia Network OY, engaged in manufacturing of advance mobile and fixed telephony equipment and systems.   Rakesh Nangia, Managing Partner shares his views on Dissent in Nokia tax verdict may mean more litigation for Business Standard.
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