Budget 2012

Nokia India (P.) Ltd. v Addln CIT [2012] 22 taxmann.com 109 (Delhi – Trib.) Facts of the case Assessee incurred certain advertisement, marketing and promotion expenditure. The AO in order to determine the arm’s length price of international transaction with associated enterprise referred the matter to TPO u/s 93CA(3) of the act. The TPO passed an order u/s 92CA(3) of the Act, wherein he determined the arm’s length price on Advertisement, Marketing and Promotion (AMP) expenses amounting to Rs. 253,48,30,000.

TP adjustments by a TPO for such international transactions which are not reported by AO ...

The Finance Minister through the Union Budget 2012-13 has introduced several amendments in the income-tax law having far reaching implications on the tax payers. A key tax proposal introduced is the General Anti-Avoidance Rules (GAAR) which intends to address the issue of aggressive tax planning and codify the doctrine of “substance over form”.  GAAR is proposed to be implemented with effect from AY 2013-14. Click here to download the article

Article: GAAR – Tax planning mayhem?