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2018 (2) TMI 2063 - DELHI HIGH COURTInternational transactions/activities in respect of one of the services rendered to its associated enterprises i.e. (AE) - HELD THAT:- We admit following question of law arises - “Did the ITAT commit an error in law in holding that the assessee was engaged in knowledge management systems and international transactions/activities in respect of one of the services rendered to its associated enterprises i.e. (AE).” Notional interest attributed to the assessee and for which adjustment was made by the TPO, was finally affirmed by the ITAT - This Court has considered the submissions of the parties and is of the opinion that having regard to the considered view in the case of Pr. CIT Vs. Kusum Health Care Pvt. Ltd. [2017 (4) TMI 1254 - DELHI HIGH COURT], the matter requires further examination/scrutiny; the reasons for the credit or delay in payment needs to be examined. The matter is therefore remitted back to the ITAT which may, connected matters deem necessary, file a report in this regard. Did the ITAT fall into an error in excluding the relative comparables which were held to be irrelevant for the purpose of ALP determination in the circumstances of the case.? - Notice of both the appeals are accepted by the concerned parties. Heard the counsel for the parties. Judgment reserved.
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