Qualcomm India Pvt. Ltd. v. Add. CIT (2021) 92 ITR 434 (Delhi) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Functionally dissimilar companies cannot be taken as comparable-Outstanding receivable-Debt free company-Adjustment made on interest on receivables not sustainable-Appellate Tribunal-Additional ground admitted-Education cess-Allowable as deduction. [S. 37(1), 40(a)(ii)]

 

Held that functionally dissimilar companies cannot be taken as comparable.  When the assessee is  debt free company, adjustment made on interest on receivables is not  sustainable. Additional ground admitted  and education cess  held to be  allowable as deduction. (AY.2015-16)