Closely linked international transactions benchmarked together...

Closely linked international transactions benchmarked together under TNMM should not be selectively segregated for separate testing where the aggregated approach has been accepted for other transactions. Intra-group service payments require evidence of services and benefits, and their arm's length price cannot be treated as nil under CUP without a comparable uncontrolled transaction. The notes also address deletion of a fixed-asset purchase mark-up adjustment through consistency with an earlier year. The dividend distribution tax treaty-rate claim was remitted pending resolution of the underlying legal issue. An additional refund claim may be raised before appellate authorities without filing a revised return, for determination of correct tax liability.

---