eight. The Tribunal quashed the reference produced by the AO for the TPO under Part 92CA and also the consequential purchase passed by the TPO / DRP noting the transaction in dilemma was that of payment of directors remuneration (transaction less than Segment 40A(2)(b) which fell beneath the specified domestic provisions) and held that given that transactions less than Segment 40A(two)(b) of your Act ended up omitted within the SDT provisions by Finance Act, 2017, the transaction, though pertaining to AY 2013-fourteen would also now not tumble underneath the definition of Specified domestic transactions.
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22. Where by the assessee’s AE had sub-contracted operate towards the assessee on back again to again foundation on the worth obtained from The client i.e. Fuel Authority of India Ltd. (GAIL), the Tribunal held that Because the transaction between the GAIL and also the AE, was an impartial and uncontrolled transaction.
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four. The Court docket depending on the choice in Sony Ericsson Mobile Communications India Pvt. Ltd [TS-543-HC-2016(DEL)-TP] (wherein it was held that unilateral incurring of AMP expenditures will not represent a global transaction and reward to AE is incidental only) remitted the AMP challenge for in depth conclusion by Tribunal on whether or not AMP expenditure with regards to the assessee’s outbound journey organization constituted an international transaction for AY 2009-ten and AY 2010-11 on floor the Tribunal must have initial resolved regardless of whether inside the circumstances of the situation, the character of the AMP described could lead into the conclusion that there was a world transaction.
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