Held that the equipments received by the assessee from its AEs free of cost for testing purposes are either returned or destroyed and the pricing towards the software development services rendered by the assessee to the said AEs are agreed under MAP, no benefit or perquisite is chargeable under s. 28(iv). (AY. 2015-16)
Samsung R&D Institute India-Bangalore (P) Ltd. v. JCIT (2024) 232 TTJ 522 / 38 NYPTTJ 1392 (Bang)(Trib)
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Assets received free of cost from AEs located outside India-MAP-Price is already agreed under MAP-Therefore, the AO was not justified in making addition under S. 28(iv).
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