Bengaluru ITAT directs
Flipkart India Pvt Ltd. (‘assessee’) to pay 50% of demand of Rs.109.52 Cr and
furnish bank guarantee for balance, relying upon ITAT stay order in Google
India approved "in spirit" by HC, directs registry to advance appeal
hearing date to April 9, 2018; Notes that AO treated the loss incurred as
capital expenditure observing that discounts offered to customers
were intended to build up brand value/monopoly or primacy in the
online market and determined total income at 408 Cr adopting sales price
at which the assessee could have sold the products, based
on comparable profit earned by entities engaged in similar line of
business; ITAT rejects assessee's contention that AO estimated turnover without
rejecting books of accounts and applied TP principles to transactions with
unrelated parties, observes that "AO merely adopted the methodology
to arrive at the value of realization, had the products would have been
sold with profit motive" and thus holds judicial precedents relied on by
assessee to be not applicable; Observes that assessee did not advance any
argument as to patent error in methodology adopted by tax authorities or
rebutting the stand that assessee's loss in the form of discount was nothing
but intangibles; Holds that no case was made out about financial hardship and
"there is every possibility of availability of liquidity in the
company on account of receipt of huge share capital and huge share
premium"
Subscribe to:
Post Comments (Atom)
Mere execution of JDA with developer does not trigger capital gains tax in real estate transactions
Recently Bangalore ITAT recently delivered an important ruling clarifying that merely executing a Joint Development Agreement (JDA) does n...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
A significant change under Section 395(1) of the Income-tax Act, 2025 is reshaping how Lower Deduction Certificates (LDCs) operate via TRACE...
-
Introduction: India's Green Economy and the Tax Conundrum India stands as a global powerhouse in the fight against climate change, c...
-
In a landmark ruling, the ITAT, Hyderabad Bench, in the case of Amith Vishnaw Gudimela, held that a delay in filing Form-67 cannot be the so...
No comments:
Post a Comment