Nokia Solutions and Networks India P. Ltd. v. ACIT (2024)115 ITR 653 (Delhi)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparables-Functionally different and without segmental data is to be excluded-Functionally similar to be included-Notional interest-Outstanding receivable-Factors responsible for delay to be analysed over last three or four Assessment years to determine benefit accruing to debtors–Working capital adjustment-Matter remanded-Deduction at source-Form 26AS-Matter remanded for re-examination. [S.92B S, Form No, 26A]

Held that functionally different and without segmental data is  to be excluded. Functionally similar to be included. As regards notional interest in respect of  outstanding receivable. The Assessing Officer has to consider  factors responsible for delay to be analysed over last three or four Assessment years to determine benefit accruing to debtors. As regards working capital adjustment and  deduction at source difference as per Form 26AS, the  matter is  remanded  to the Assessing Officer for re-examination.  (AY. 2018-19)