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2014 (4) TMI 1106 - AT - Income TaxTransfer pricing adjustment in respect of payment made by the assessee to its AE for availing IT support services - CIT(A) deleted the addition - Held that:- Addition made by way of TP adjustment was not sustainable as it was not permissible under Transfer Pricing Regulation to make TP adjustment on account of any international transaction without applying any one of the prescribed methods. Reliance on this regard was placed by the Tribunal on the case of Mccan Ericsson (India) (P.) Ltd. Addl. CIT [2012 (7) TMI 728 - ITAT, DELHI] wherein the TP adjustment made by the A.O./TPO by taking value of certain services at “nil” was held to be unsustainable by the Tribunal. Keeping in view these decisions of co-ordinate Bench of this Tribunal and having regard to all the relevant facts of the case as summarized by the ld. CIT(A) in his impugned order, we hold that the addition made by the A.O./TPO on account of TP adjustments in respect of the international transactions of the assessee company with its AE involving availing of IT support services was not sustainable either in law or on the facts of the case and the ld. CIT(A) was fully justified in deleting the same. We, therefore, uphold the impugned order of the ld. CIT(A) giving relief to the assessee and dismiss this appeal filed by the Revenue. - Decided in favour of assessee.
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