that a part of the Assessee‟s income,
computed on profit split method, is chargeable to tax under the Act.
2.2 Whilst the Assessee claims ... 2013, 2385/2013 & 2390/2013 Page 5 of 31
apply Profit Split Method (PSM) for determining the ALP instead of
Transactional Net Marginal Method
property or provision of services by
the enterprise;
(d) profit split method, which may be applicable mainly in
international transactions or specified domestic transactions
involving ... profit is then split amongst the enterprises
in proportion to their relative contributions, as evaluated under
sub-clause (ii);
(iv) the profit thus apportioned
following methods, being the most
ITA 381/2013 & Connected Matters Page 16 of 32
appropriate method, having regard to the nature of transaction ... prescribe, namely :--
(a) comparable uncontrolled price method;
(b) resale price method;
(c) cost plus method;
(d) profit split method;
(e) transactional net margin method
property or provision of services by
the enterprise;
(d) profit split method, which may be applicable mainly in
international transactions or specified domestic transactions
involving ... profit is then split amongst the enterprises
in proportion to their relative contributions, as evaluated under
sub-clause (ii);
(iv) the profit thus apportioned
DTAA envisaged that the profits attributable to a PE would
be determined by the same method year by year; but, the said clause also
permitted ... well as the DRP had provided
detailed reasons for not following the method of computing the income as
adopted in the earlier years. He submitted
contract in no manner includes any
allowance for profits; it is only "the expenditure properly
incurred or to be incurred, whether ... loss of profit which could not have been awarded; the
contract specifically excludes the grant of loss of profit;
the error is apparent
Jindal Stainless Ltd.& Anr vs State Of Haryana & Ors on 11 November, 2016
Sb Civil Writ Petition No.9126/14 vs State Of Rajasthan & Ors on 1
Kedar Nath Yadav vs State Of West Bengal & Ors on 31 August, 2016
Equivalent
The Board Of Trustees Of The Port Of ... vs Afcons Infrastructure Limited on 23 December
