The assessee entered into international transactions and selected foreign AE as tested party for TP analysis.The TPO opined that foreign AE could not be taken as tested party.On appeal, the Tribunal held that foreign AEs should be treated as tested parties.. On appeal to the High Court, affirmed the order of the Tribunal. (AY. 2015-16)
PCIT v. ITC Infotech India Ltd (2024) 298 Taxman 46 (Cal)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparable-Foreign AE can be taken as a tested party for purpose of establishing ALP of assessee.[S.92E, 260A]