| COURT: | ITAT Delhi |
| CORAM: | A. T. Varkey (JM), Prashant Maharishi (AM) |
| SECTION(S): | 92C |
| GENRE: | Transfer Pricing |
| CATCH WORDS: | ALP, intra-group services, Transfer Pricing |
| COUNSEL: | Sachit Jolly |
| DATE: | May 2, 2016 (Date of pronouncement) |
| DATE: | May 7, 2016 (Date of publication) |
| AY: | 2006-07, 2007-08, 2008-09 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 92(2): Important principles of law laid down with regard to the “Need Test”, “Evidence Test” or “Rendition Test” to evaluate the ALP of intra-group services rendered by an Associated Enterprise and whether the TPO has the right to determine the ALP at ‘Nil’ | |
Rendering of services must be seen from the view point of the assessee and further assessee cannot be asked to keep and maintain evidences of services rendered by AE higher than which is expected from a businessman receiving services from an unrelated provider. Therefore, we reject the view point of Ld. TPO and Ld. DRP that assessee has not shown the receipt of the services. In view of above we are of the view that assessee has justified the receipt of services and satisfied the rendition test
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