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2022 (12) TMI 379 - AT - Income TaxTP Adjustment on account of profit attributable - international transaction - HELD THAT:- The issue stands decided in favour of the assessee by the decision of the co-ordinate Bench of the Tribunal in assessee's own case [2018 (8) TMI 1196 - ITAT HYDERABAD] to hold that there is no international transaction during the relevant financial year - we hold that there is no international transaction during the relevant AY and the addition made by the AO is accordingly deleted. No absence of any contrary material brought to our notice by the learned Departmental Representative we direct the AO to delete the addition made by him on account of Transfer Pricing Adjustment. Addition of corporate guarantee - why the corporate guarantee commission rate applied @ 1.6% is very fair and reasonable especially when the risks assumed by the assessee is much more? - HELD THAT:- DRP while deciding the issue has noted the following bench marking provision of corporate guarantee by assessee company to its AEs. So far as the various decisions relied on by the learned counsel for the assessee are concerned, these in our opinion are distinguishable and not applicable to the facts of the present case. In our opinion, every case depends on its own sets of facts and cannot be applied as a binding precedent in other cases. In view of the detailed reasoning given by the DRP/A.O., we uphold the order of the A.O./TPO/DRP on this issue. Accordingly, the grounds raised by the assessee on this issue are dismissed.
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