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2018 (6) TMI 1560 - AT - Income TaxTPA - determination of arms length price(ALP) u/s 92C - commission chargeable by the assessee from its AE on international transaction entered into u/s 92B with its associated enterprises (AE) - Held that:- Tribunal for AY 2009-10 in assessee’s own case held that corporate guarantee provided by the assessee brought certain benefits to its AE by way of credit facility and therefore, the same was required to be compensated by its AE. Our view is duly supported by the decision of this Tribunal rendered in Everest Kanto Cylinders Ltd. Vs. DCIT [2012 (11) TMI 1099 - ITAT MUMBAI] as affirmed by Hon’ble Bombay High Court [2015 (5) TMI 395 - BOMBAY HIGH COURT]wherein the rate of commission has been adopted @0.5%. Respectfully, following the same, we estimate the impugned additions @0.5% per annum. The Ld. AO is directed to quantity the addition and re-compute the income of the assessee in terms of our above order - decided partly in favour of assessee
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