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2019 (1) TMI 352 - AT - Income TaxTPA - ALP determination - nature of services received by the Assessee - burden to establish the ALP of the transaction - whether the payment made for such service were at Arm’s Length? - Held that:- The material brought to our notice by the assessee do not substantiate the nature of services rendered by the holding company to the assessee for which the assessee made the payment. A mere explanation of the process by which the business of assessee is conducted and the placement of holding company in such chart does not establish that services were indeed rendered by the holding company. The fact that there were agreements between the assessee and the holding company for rendering of certain services, again is not sufficient to discharge the onus that lies on the assessee. Mere furnishing of details of consignment without evidence of participation of holding company in procuring those business would not be sufficient to discharge the burden that lies with the assessee. We are of the view the conclusions of the revenue authorities that assessee failed to discharge the burden to establish the ALP of the transaction is justified. - decided against assessee.
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