Transfer Pricing – Constitutional validity of provisions – S.92, 92A

Court: Supreme Court of India Citation: M/S COCA COLA INDIA INC. VERSUS ADDITIONAL COMMR.OF INCOME TAX & ORS. Brief :In Coca Cola India Inc vs. ACIT 309 ITR 194 the P&H High Court upheld the constitutional validity of Chapter X & laid down far-reaching principles on the applicability of transfer pricing provisions to cases where the non-resident was also assessed in India and there was supposedly no cross-border transaction or erosion of tax revenue. On appeal by the assessee, HELD disposing off the SLP: “The issue in this special leave petition concerns the application of the pr...