TaxTMI 
TaxTMI 
2026 (9) TMI 1152
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....P erred in making an addition of Rs. 10,63,02,114/- u/s 92C on the basis of the order of the TPO u/s 92CA(3) dated June 14, 2023 in the case of the appellant company. 2. The learned A.O./DRP erred in determining the Arm's Length Price (ALP) of the international transactions pertaining to payments made to Associated Enterprises (AE) for intragroup services (Product, Marketing and Corporate Support Services) at Rs. Nil and thereby erred in making an addition of Rs. 10,63,02,114/-. 3. The learned A.O./DRP erred in not appreciating that the determination of ALP by the learned TPO at Rs. NIL in respect of Intra Group Services paid by the assessee was not justified since he had made the adjustments without adopting any of th....
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....o with the AEs and had determined the ALP by applying the TNMM and hence, there was no reason to separately benchmark the transaction of Intra Group Services to determine the ALP of the said International Transaction. 9. The learned A.O/DRP erred in not appreciating that the appellant company had submitted various evidences to prove the receipt of Intra Group Services and the economic and commercial benefit derived by the appellant company and therefore, the determination of ALP of the said intra group services at Rs. Nil was not justified at all and the entire addition made should be deleted. 10. The learned A.O/DRP failed to appreciate that: a. The appellant company had submitted independent evidences in form of....
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....d. AR submitted that copies of these agreements are at page Nos. 185-324 of the paper book. The Ld. AR also filed a cost allocation certificate issued by the independent Chartered Accountant which is at page 356 of the paper book. The Ld. AR submitted that the assessee has carried out proper benchmarking as per the Indian Pricing guidelines to decide the Arm's Length Price of these intra group transactions. The Ld. AR submitted that during the Transfer Pricing proceedings and before the Dispute Resolution Panel (DRP), the assessee had filed copies of emails, copies of invoices to substantiate that the services were duly rendered. 3.1 The Ld. AR submitted that on identical set of facts, the ITAT in assessee's own case for AYs 2009-10 to 2....
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....2. In view of the facts of the case, submissions of assessee and discussion made, the Arm's Length Price of transactions as reported by the assessee is being altered and an adjustment of Rs. 10,63,02,114/- with respect to international transaction pertaining to cost sharing arrangement for intra- group services is made. 22.1 W.r.t. assessee's contention that Hon'ble ITAT has deleted the adjustments to intra group services in AY 2009-10 till AY 2013-14, it is clarified that the Income Tax Dept. has filed appeal against the said orders of Hon. ITAT in Hon. High Court of Bombay. Since the appeal is pending before, Hon. Jurisdictional high court, the adjustment has been made taking stand consistent with previous AYs in order to....