Commissioner Of Income Tax-I vs M/S Cotton Naturals (I) Pvt. Ltd. on 27 March, 2015
• Since AE is not based in India for benchmarking, SBI PLR rate in not
a valid comparable. Rates should be as per the prevalent borrowing
rates in the other countries, which is LIBOR.
• Indian interest rates for the purpose of benchmarking of lending or
borrowing does not constitute an appropriate comparable within the
meaning of Rule 10B(a)(i) of the Rule. Reliance is placed on the
decision by Hon'ble Delhi High Court in case of CIT v. Cotton
Naturals India (P) Ltd. v. reported in 276 CTR 445.