Eaton Fluid Power Limited v. ACIT (2018) 64 ITR 578 (Pune) (Trib)

S. 92C : Transfer pricing – Arm’s length price —Margins of assessee with its associated enterprises is higher than margins of assessee with third parties hence no adjustment on account of Arm’s length price is warranted. International Transactions of information technology services availed of to be aggregated with other Transactions and to be benchmarked applying internal transactional net margin method. Order of TPO in taking value of International transactions of information technology services availed at nil was to be reversed and the adjustment made was to be deleted .

Tribunal held that ;margins of assessee with its associated enterprises is higher than margins of assessee with third parties  hence no adjustment on account of Arm’s length price is warranted.  As reagrds International Transactions of information technology services availed of to be aggregated with other Transactions and to  be  benchmarked applying internal transactional net margin method. Order of TPO in taking value of International transactions of information technology services availed at nil was to be reversed and the adjustment made was to be deleted .  ( AY.2008 -09)