Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2011 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (6) TMI 124 - AT - Income TaxArm's length price - TNMM method - Addition - The law requires the associated enterprises to maintain such documents and information relating to international transactions as may be prescribed - if the amended proviso is taken into consideration, then, safe harbour of ±5 per cent will be reckoned from the price received/paid by an assessee to/from its associate enterprise whereas if the case of the assessee will fall under the pre-amended proviso, then, safe harbour will be reckoned from the arm's length price determined by the TPO in a case where more than one price is determined by him by the most appropriate method - It is difficult to accept the argument of ld. DR that retrospective or prospective applicability of a provision should be decided in a way which has been explained by CBDT - The arithmetical mean in the present case is 15.64 per cent and by adopting the same, the arm's length price has been determined at Rs. 15,08,43,128 - The 5 per cent difference of arm's length price determined by the TPO comes to Rs. 75,42,156 and if the same is included in the revenue shown to be received by the assessee, the total will come to Rs. 15,08,75,869, which is in excess of arm's length price determined by the TPO - The 5 per cent difference of arm's length price determined by the TPO comes to Rs. 75,42,156 and if the same is included in the revenue shown to be received by the assessee, the total will come to Rs. 15,08,75,869, which is in excess of arm's length price determined by the TPO - Decided in the favour of assessee
|