Madura Coats Pvt. Ltd. v. Dy. CIT (2020) 428 ITR 273/ ( 2021 ) 199 DTR 228/ 320 CTR 543 (Mad) (HC)

S. 92C : Transfer pricing – Arm’s length price –Comparable uncontrolled price method or the transactional net margin method- Question of fact- Commission – Finding of fact . [ S.37(1) , 254(1) 260A ]

Court held that the  Tribunal itself enjoys the power of a civil court to summon the relevant evidence and material before itself. The determination of arm’s length price is not a question of law to be considered by the High Court.  Court also held that on the question of allowing commission paid to the Central Agency as “business expenditure”, the Tribunal had to look into the past history of the assessee about the allowability of the expenditure and such expenditure for the previous years had been consistently allowed by the Revenue authority below, and there was no contrary finding by the Tribunal for the previous years. The Tribunal had to decide the issue again fairly and objectively in the light of the materials available before it for the present assessment year 2009-10 also.( AY.2009-10)