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)
Recent Landmark GST Judgments: A Comprehensive Overview
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
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...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
With the government making Aadhaar Card ( unique identification card ) mandatory in procuring LPG connections, issuing passports, sale or...
-
This is to update you on procedure prescribed by the Office of the Development Commissioner, Karnataka Sub Zone (the “Office”) to be foll...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
MARRIAGE EXPENSES - POWERS OF I.T. AUTHORITIES In the recent past the Income Tax Department has been concentrating on collecting informat...
-
The provision of a corporate guarantee, where one company pledges to cover the financial obligations of another (often a subsidiary or affil...
No comments:
Post a Comment