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2021 (2) TMI 411 - AT - Income TaxTP Adjustment - adjustment made to international transactions on account of interest receivable from AE’s - addition by bench marking the receivables on transactions of sales/ services of the assessee company by adopting the prime lending rate of SBI plus markup of 300 basis points - assessee’s contention that assessee has margin of 23.3% on Software Development segment as compared to the margin of 11.42% of the comparable companies and the working capital adjustment margin has already been factored in the account and no separate adjudication is called for - HELD THAT:- The above contention of the assessee has not been controverted by the Revenue. Further the contention of the assessee of not charging interest on overdue debts from the third parties and not paying any interest to the creditors has also not been controverted by the Revenue. We further find that identical issue arose in assessee’s own case in A.Y. 2010-11 [2019 (7) TMI 85 - ITAT DELHI] wherein the Co-ordinate Bench of Tribunal has decided the issue in favour of the assessee . No material to show that the decision of the Co-ordinate bench of the Tribunal in assessee’s own case for AY 2010-11 has been set aside/ stayed or over ruled by the higher judicial forum. We further find that the case law relied upon by the Learned DR is distinguishable on facts and are not applicable to the present facts of the case of the assessee. - Decided in favour of assessee.
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