Ariba Technologies India (P.) Ltd. v. Dy. CIT (2025) 212 ITD 17 / 126 ITR 272 (Bang.)(Trib.)

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Outstanding receivables from Associated Enterprises-Separate international transaction-Interest to be computed at LIBOR + 200 basis points.[S. 92B, 92CA, 143(3), 144C]

The Transfer Pricing Officer treated delayed realisation of receivables from Associated Enterprises as a separate international transaction and computed interest by applying the SBI Prime Lending Rate. The Tribunal held that, in view of the retrospective amendment to section 92B, delayed receivables constitute an international transaction requiring separate benchmarking. However, since the transactions were foreign currency transactions, interest was directed to be recomputed in accordance with the rectified directions of the Dispute Resolution Panel by applying LIBOR + 200 basis points only for the relevant period of delay. (AY. 2020-21).

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