• Sec. 92C – ACIT vs. Dentsply India (P.) Ltd.

[2017] 88 taxmann.com 262 (Del Trib)

Operating profit/sales volume is appropriate profit indicator in TNMM method to determine ALP of purchase of goods

Sec. 92C – DCIT vs Alcatel India Ltd.

[2017] 88 taxmann.com 320 (Del Trib)

Where foreign exchange loss had not been claimed as deduction while calculating taxable income of assessee and further same was also not forming part of operating expenditure and amortization of software expenditure was not at all related to export division, said expenditure should be excluded while working out operating profit of assessee from export of goods to its AE

• Sec. 92B – KGK Enterprises vs ACIT

[2017] 88 taxmann.com 264 (Jaip Trib)

Amendment by way of an Explanation to sec. 92B is an amendment to a substantive law as it has resulted in enhancement of scope of international transactions and accordingly subject transaction has to be considered as an international transaction from AY 2013-14 onwards

Since assessee had adopted uniform policy of not charging interest on delayed realization on sale proceeds from both AEs and Non-AE customers and average credi period to Non-AE is more than AE, it is not in benefit of AE and thus it did not amount to an international transaction in terms of Explanation to Sec. 92B