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2014 (1) TMI 646 - AT - Income TaxDetermination of Arm's Length Price - License fees for use of intangible/intellectual property – Addition of Licence Fees paid to AE - DTAA with Switzerland - Held that:- Following SGS India (P.) Ltd. [2014 (1) TMI 388 - ITAT MUMBAI] - the royalty at 5% to 8% was accepted as per FIPB Instructions issued by the Ministry of Commerce, Government of India - the assessee's international transaction of payment of licence fee at 3% was accepted by the Tribunal at ALP - the rate of licence fees at 3% paid by the assessee at ALP. Non-adjudication by the CIT(A) – Benefit of Article 10 of Switzerland Double Taxation Avoidance Agreement – Held that:- When a particular issue is raised before the ld. CIT(A) for the first time, it becomes his duty to first discuss the admission aspect of the same and then decide on its merits, if he is agreeable with its admission - As there is no discussion worth the name in the order on these aspects – matter restored to the CIT(A) for adjudication – Decided Partly in favour of Assessee.
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