COURT: | ITAT Mumbai |
CORAM: | N. K. Billaiya (AM), Vijay Pal Rao (JM) |
SECTION(S): | 92B |
GENRE: | Transfer Pricing |
CATCH WORDS: | ALP, Transfer Pricing |
COUNSEL: | Alok Saksena |
DATE: | January 14, 2015 (Date of pronouncement) |
DATE: | January 22, 2015 (Date of publication) |
AY: | 2008-09 |
FILE: | Click here to view full post with file download link |
CITATION: | |
While delay in recovery of debt from AE is an "international transaction", it is a part of the transaction of sale and its ALP has to be evaluated on an overall basis |
After the insertion of explanation to section 92B(1), the payment or deferred payment or receivable or any debt arising during the course of business fall under the expression international transaction as per explanation. Therefore, in view of the expanded meaning of the international transaction as contemplated under clause (i) (e) of explanation to section 92B(1), the delay in realization of dues from the AE in comparison to non-AE would certainly falls in the ambit of international transaction. However, this transaction of allowing the credit period to AE on realization of sale proceeds is not an independent international transaction but it is a closely linked or continuous transaction along with sale transaction to the AE. The credit period allowed to the party depends upon various factors which also includes the price charged by the assessee from purchaser. Therefore, the credit period extended by the assessee to the AE cannot be examined independently but has to be considered along with the main international transaction being sale to the AE
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