Dy. CIT v. JSW Energy Ltd. (2020) 180 DTR 598 (Mum.)(Trib.)

S. 92C : Transfer pricing–Arm’s length price–LIBOR instead of LIBOR + credit spread on account of the risk profile of the borrower.

The Tribunal held that, the ALP rate of interest in case of loans advanced to Associate Enterprises would be determined on the basis of rate of interest being charged in the country where the loan is received/consumed. Similar is the ratio of several other judgments rendered by various benches of Tribunal which have already been enumerated in the impugned order. Therefore, the conclusion to the extent that the loan to AE was to be benchmarked on the basis of LIBOR would not require any interference on our part. (AY. 2011-12, 2012-13)