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No disallowance for non-deduction of tax on provisions made for royalty payment to Russian Co.

December 27, 2018[2018] 100 374 (Ahmedabad - Trib.)

IT/ILT: Where assessee sold network security product to AEs and in some cases realization of bills was beyond 90 days, in view of fact that assessee had allowed credit period beyond 90 days in case of Non-Associated Enterprises as well, transactions with non-AE constituted valid Internal CUP and ALP adjustment in respect of interest on account of realisation of bills beyond 90 days from AEs was not justified

IT/ILT: Where assessee having procured software from AEs in Russia and Isreal and bundled those softwares with its own software which was ultimately sold to end customer as a bundled product in view of fact tax withholding liability in respect of royalty had been discharged by assessee as and when activation of key by end consumer had taken place, impugned disallowance made by TPO was to be set aside
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