Tribunal remitted the matter to the file of AO/TPO for a fresh determination of the ALP of the international transactions under the Manufacturing and ITES/Back-office services segments in terms of the discussion made supra in this order. Needless to say, the assessee will be allowed a reasonable opportunity of hearing in such fresh determination. As regards claim under section 10A.10B following the ratio in CIT vs. Yokogawa India Ltd. (2017) 391 ITR 274 (SC) the Tribunal held that the deduction should be allowed qua the eligible undertaking standing on its own without reference to other eligible or non-eligible units or undertakings. Accordingly the profits of the eligible units should be considered on standalone basis. Similar view has been reiterated by the Hon’ble Supreme Court in CIT v. . J.P. Morgan Services India Pvt. Ltd. (2017) 393 ITR 24 (SC). (AY. 2010 -11 )
Vishay Components India ( P) Ltd v ACIT ( 2020) 188 DTR 337 / 204 TTJ 649 ( Pune ) ( Trib)
S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ] S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ]