The Transfer Pricing Officer determined the arm’s length price of technical know-how fees paid by the assessee to its associated enterprises at Nil. The Tribunal held that the Transfer Pricing Officer was bound to determine the arm’s length price by applying one of the methods prescribed under section 92C and had no authority to determine the arm’s length price at Nil or insist upon a need-benefit test. The matter was decided in favour of the assessee following the decision in its own case for the earlier year. (AY. 2010-11).
Dy. CIT v. Hexagon Manufacturing Intelligence India P. Ltd. (2025) 129 ITR 317 (Pune)(Trib.)
S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction Technical know-how fees-Transfer Pricing Officer cannot determine arm’s length price at Nil without applying prescribed method-Need-benefit test not permissible. [S. 92CA]
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