AO failed to discharge onus under 40A(2)(a) but invoked the provisions of Section 40A(2)(b) .Assessee submitted audited financial statements, ledgers, invoices, necessary documents before AO and DRP.Tribunal held that the AO failed to demonstrate as to how payments / expenditure was unreasonable / more than FMV.Addition is deleted.(AY. 2019-20)
Technip Energies Italy v. DCIT (2023) 150 taxmann.com 525 / 104 ITR 592/225 TTJ 562 Delhi) (Trib)
S. 92BA : Transfer pricing-Specified domestic transaction-Arm’s length price-Avoidance of tax-International transaction-Business profits-AO failed to demonstrate as to how payments / expenditure was unreasonable / more than FMV-Addition is deleted. [S.9(1))(i), 40A(2)(a), 40A(2)(b), 44BBB,,144C]