The Transfer Pricing Officer while determining the arm’s length price of the transaction at nil has apparently not followed any one of the prescribed method under section 92C r/w rule 10B.Transfer Pricing Officer is mandated by law to determine the arm’s length price by following one of the methods prescribed under section 92C. Transfer Pricing Officer by determining the arm’s length price of intra group services at nil is contrary to the statutory provisions, hence, cannot be sustained. (AY. 2011-12)
ACIT v. Anheuser Busch Inbev India Ltd. (2020) 204 TTJ 402 (Mum.) (Trib.)
S. 92C : Transfer pricing-Arm’s length price-Intra group services-Mandate by law-Adjudication at nil-Addition was deleted. [R.10B]