Tribunal held that  in assessee’s own case in earlier years a co-ordinate bench had approved 1 per cent as reasonable guarantee commission, there was no reason to disturb corporate guarantee commission rate adopted by assessee. Tribunal held that since consideration for having given loan was, opportunity and privilege of owning capital of borrower on certain favourable terms, if at all comparison of this transaction was to be done with other loan transaction, comparison should have been done with other loans giving similar privilege and opportunity to lender and, therefore, very foundation of impugned ALP adjustment being devoid of any legally sustainable basis, such ALP adjustment was to be deleted. Tribunal also held that  TPO only has to ascertain arm’s length price of a transaction in sense that if same transaction was to be incurred between unrelated parties as to what would theoretically have been an arm’s length price of transaction in question, and that exercise is to be carried out on basis of a permissible method of ascertaining arm’s length price of a transaction; whether transaction should have taken place or not is not any of TPO’s business. The very foundation of action of TPO is, thus, devoid of legally sustainable merits and, therefore, impugned ALP adjustment was to be deleted.  (AY. 2012-13, 2013-14)