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2016 (9) TMI 393 - AT - Income TaxTransfer pricing adjustment - Held that:- We hold that international transaction of payment of royalty is a separate transaction and therefore should be bench marked separately. The condition to prove that technical service was actually rendered by the AE to assessee-company is a condition precedent for allowance of the same. The TPO had no occasion to examine this aspect, as the assessee-company had not produced any evidence in support of the technical services rendered. Before us, the assessee-company filed certain evidence in an endeavour to establish that actually technical services were rendered. Therefore, we deem it fit to remit the matter back to the file of the TPO/AO for the purpose of de novo determination of ALP after satisfying himself that the services were actually rendered.
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