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2017 (10) TMI 111 - AT - Income TaxTPA - international transaction - Interest on receivables on the working capital - Held that:- As decided in case of Kusum Health Care Pvt. Ltd [2017 (4) TMI 1254 - DELHI HIGH COURT] there has to be a proper inquiry by the TPO by analysing the statistics over a period of time to discern a pattern which would indicate that vis-a-vis the receivables for the supplies made to an AE, the arrangement reflects an international transaction intended to benefit the AE in some way. With the Assessee having already factored in the impact of the receivables on the working capital and thereby on its pricing/profitability vis-a-vis that of its comparables, any further adjustment only on the basis of the outstanding receivables would have distorted the picture and recharacterised the transaction - Decided in favour of assessee. Excess deprecation claim on fixed assets - Held that:- Similar issue was raised in AY 2008- 2009 which was remanded back to the Assessing Officer to verify the claim of depreciation. Thus on similar line in the present Assessment year also the Assessing Officer is directed to verify the claim of the assessee as per law.
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