Held that when there is no element of profit or mark-up in the hands of the associated enterprise in incurring the day-to-day pocket expenses the expenses were not to be benchmarked. The Transfer Pricing Officer had considered the arm’s length price at 10 per cent. of the expenses recovered on ad hoc basis without conforming to the methods prescribed under section 92C(1) of the Act is deleted. Late deposits of employees’ contribution to provident fund and employees’ State Insurance Corporation is not allowable. (AY.2018-19)
Ness Digital Engineering (India) P. Ltd. v. Add. CIT (2023)107 ITR 584 (Mum) (Trib)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Reimbursing of expenses-No element of profit-Ad hoc adjustment recommended at 10 Per Cent. of expenses is not permissible-Late deposits of employees’ contribution to provident fund and employees’ State Insurance Corporation is not allowable. [S. 37(1), R.10B]
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