The Tribunal held that the mechanism applied by the Assessee or the TPO all the three methods for benchmarking was improper, nothing was left to be adjudicated upon. Accordingly, the issue was set aside to the TPO (without any specific directions on a particular method to be adopted) to redetermine the ALP afresh after giving an opportunity of being heard to the Assessee. (AY. 2013-14)
Adient India (P) Ltd. v. Dy. CIT (2021) 212 TTJ 777 / 204 DTR 193 (Pune)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Bona fide expenditure should be incurred while availing services-Application of benefit test is not warranted-Matter remanded. [S. 254(1)]