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Foreign entity was to be taken as tested party when relevant data for its comparison was available in public domain

April 19, 2017[2017] 80 88 (Chandigarh - Trib.)/[2017] 189 TTJ 606 (Chandigarh - Trib.)

IT/ILT: When an assessee wishes to take a foreign entity as a tested party, it can do so provided relevant data for comparison is either available in public domain or is furnished to tax department/administration

IT/ILT: Where assessee-company made payment of commission, legal and professional charges to its AE, since there was no finding regarding existence of any business connection or permanent establishment of AE in India, amount in question was not taxable in India

IT/ILT: Where assessee paid salaries outside India in respect of services rendered abroad, income could not be said to accrue or arise in India under section 9(1)(ii)

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