Interest Paid To Foreign HO Deductible, Hedging Capital Gains Exempt, Refund Interest Taxed At DTAA Capped Rate Issue Whether interest paid by an Indian Permanent Establishment (PE) to its foreign Head Office (HO) and overseas branches is allowable as a deductible expense. Whether Transfer Pricing adjustment for guarantee commission under internal CUP should be restricted… Read More »
ITAT Rules Interest Paid to Overseas Head Office Deductible and Restricts Guarantee Commission Adjustment Issue Whether interest paid by an Indian Permanent Establishment (PE) to its foreign Head Office is deductible, and whether Transfer Pricing adjustments on guarantee commission must give credit for amounts already recovered from the Associated Enterprise (AE). Facts The assessee is… Read More »
Failure to issue Section 143(2) notice and issuing demand with draft order invalidates reassessment. Issue Whether the failure to issue a mandatory notice under Section 143(2) during reassessment proceedings, and the simultaneous issuance of a demand notice and penalty initiation along with a draft assessment order under Section 144C, renders the entire assessment exercise void… Read More »