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2015 (2) TMI 63 - AT - Income TaxTransfer Pricing Adjustment - international transaction of ‘Sale of finished goods’ - Held that:- When we advert to the facts of the instant case, it is found that the TPO proposed the transfer pricing adjustment with the Nil ALP of the Commission transaction on the ground that no evidence was furnished about any services rendered by the foreign AE. The AO in his final assessment order dated 30.11.2012 has taken the ALP at Nil without anything further. Applying the ratio decidendi of Cushman and Wakefield India Pvt. Ltd. (2014 (5) TMI 897 - DELHI HIGH COURT) to the facts of the instant case, we find that the TPO was required to simply determine the ALP of this transaction unconcerned with the fact, if any benefit accrued to the assessee and thereafter, it was for the AO to decide the deductibility of this amount u/s 37(1) of the Act. Since the authorities below have acted in contradiction to the ratio laid down by the Hon’ble Jurisdictional High Court in the case of Cushman (supra), we set aside the impugned order on this score and remit the matter to the file of AO/TPO for deciding it in conformity with the law laid down by the Hon’ble jurisdictional High Court in the case of Cushman (supra). - Appeal is allowed for statistical purposes.
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