2025 (9) TMI 1255 - SCH - Income Tax

Directive upheld: TPO must consider assessee's transfer pricing studies and apply CUP method for intra-group services

American Express Banking Corporation (India Branch) Versus Assistant Director Of Income Tax, Circle 1 (1), International Taxation.

SC dismissed the special leave petition, upholding the HC's direction that the TPO must examine the assessee's transfer-pricing studies concerning ... TP Adjustment - intra group services provided by Associated Enterprise - Application of Comparable Uncontrolled Price (CUP) method - HC decided [2025 (5) TMI 1335 - DELHI HIGH COURT] it does not appear that the TPO had examined the transfer pricing analysis furnished by the Assessee regarding the value of the services received. CIT(A) as well as the learned ITAT had concurrently found that the Assessee had received intra group services. It is thus, necessary for the TPO to examine the transfer pricing studies furnished by the Assessee in that perspective. HELD THAT:- Having heard the learned counsel appearing for the petitioner and having gone through the materials on record, we find no good ground to interfere with the impugned order passed by the High Court. Special Leave Petition is, accordingly, dismissed. Supreme Court reviewed the record and the arguments and concluded there was 'no good ground to interfere with the impugned order passed by the High Court.' Consequently, the 'Special Leave Petition is, accordingly, dismissed.' The decision leaves the High Court's order intact and disposes of any pending applications. The Court's action is summary in nature, resting on review of materials on record and the absence of viable grounds to disturb the lower court's determination.