Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 152 - 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 2012-13 in assessee’s own case has computed ALP of its international transaction with its same AE namely PSPL , Singapore of providing corporate guarantee on loans availed by its AE wherein ALP of commission on said corporate guarantee was determined at 0.5%. The tribunal while passing aforesaid orders dated 06.06.2018 for AY 2012-13 followed its decision for AY 2009-10. One us namely Judicial Member was member of the division bench of the tribunal who passed the aforesaid orders for AY 2012-13 . No reasons to deviate from aforesaid orders of the tribunal for AY 2009-10 and 2012-13 taking a consistent view and following the rules of consistency as laid down by Hon’ble Supreme Court in the case of Radhasoami Satsang v. CIT [1991 (11) TMI 2 - SUPREME COURT] we determine ALP of corporate guarantee commission @0.5% on international transaction of providing corporate guarantee by the assessee to its AE namely PSPL, Singapore for availing loans - decided partly in favour of assessee
|