TaxTMI 
TaxTMI 
2024 (2) TMI 1400
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.... appeal is that computing of interest amounting to Rs.5,68,919/- on the receivables from AE by way of Transfer Pricing Adjustment. 3. Against the order of the Assessing Officer, the assessee has filed appeal before us. 4. We have heard both the parties and perused the records. The ld. Counsel for the assessee submitted that the DRP has erred in distinguishing the decision of the Hon'ble Delhi High Court in the case of PCIT vs Kusum Healthcare Pvt. Ltd. 398 ITR 66 (Del). The ld. Counsel for the assessee submitted this issue is covered in favour of the assessee. He submitted that the notional interest cannot be added to the receivables from the AE. He submitted that the assessee is debt free company and 100% business with the AE and that no....
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....fit/loss of the relevant year or their impact on profit/loss account is determinable under normal computation procedures other than the transfer pricing regulations. The ld. DRP quoted legislative intent which has been elucidated in the Explanatory Memorandum to the Finance Bill 2012. 11. This issue has been adjudicated by the Tribunal examining the decisions in the case of Kusum Healthcare, Mckinsey Knowledge, Ameriprise India (P.) Ltd. The details are as under. 12. The Delhi Tribunal in case of Kusum Healthcare (P) Ltd. v. Asstt. CIT [2015] 62 taxmann.com 79 held that the working capital adjustment takes into account impact of outstanding receivables and no further adjustment required if the margin of the assessee is higher than wor....
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....nowledge, the Hon'ble High Court vide order dated 7-2-2018, while admitting the appeal on the other issue, remitted the issue of interest charged on outstanding receivables to ITAT, following their decision in the case of Kusum Healthcare. 17. However, vide order dated 9-8-2018, the Hon'ble High Court in the case of Mckinsey Knowledge, while deciding the appeal of the assessee on other issue, also referred to the decision of the Hon'ble Delhi Tribunal in case of Ameriprise India (P) Ltd. (supra) on issue of interest charged on outstanding receivable and concluded that the assessee's contention that the TTAT erred in concluding that charging of interest on delayed receipt, of receivables is a separate international transac....