length in terms of the provisions of Sections 92C(1) and 92C(2) of the
Act read with Rule 10D of the Income-tax Rules ... transaction. Sub-section (2B) to section 92CA only enables the TPO to
benchmark an international transaction which has not been reported under
section
M/S Dell International Services India ... vs Deputy Commissioner Of Income Tax Ltu , ... on 24
methods prescribed under sub-section (l) read with sub-section (2) of
section 92C of the Act for determining the arm's length price ... specifically to sub- section 1 , 2 , 3 of section 92CA r.w.s. sub-
section (3) of section 92C . It was submitted that
cause notice as per the provisions of proviso to sub
section 3 of section 92C of the Act or not provided a reasonable opportunity ... counsel invited our attention
to proviso to sub section 3 of section 92C of the Act. The Ld. counsel further
argued that since
u/s 37 of the Act. Therefore, any ad-hoc
determination of arms length price by the Ld TPO section 92 de-hors section
92C ... arms length price by the Ld TPO u/s section
92 de-hors section 92C(1) of the Act cannot be sustained. The contention
section 92F(4) of the Act, the specified date is
the same as assigned to due date in Explanation (2) sub-section (1) of section ... relation to the international transaction in accordance with sub-
section (3) of section 92C of the Act. For doing so, the TPO is to serve
computed the
total income of the assessee under sub section (4) of section 92C in accordance
with Arms Length Price determined by the TPO ... arms length price by the Ld TPO u/s section 92 de-hors
section 92C(1) of the Act cannot be sustained. The contention
applying any of the methods prescribed
under sub-section (1) and sub-section (2)of section 92C of the Act, which leads to
violation ... provision of sub-section(3) of section 92CA of the Act read with
sub-section (3) of section 92C of the Act.
The relevant provisions
section (3), the Assessing Officer shall
proceed to compute the total income of the assessee under sub-section (4)
of section 92C in conformity with ... section (1) of section 131 or sub-section
(6) of section 133or section 133A .
Explanation.--For the purposes of this section, "Transfer Pricing Officer
mentioned in clause (a), (b), (c) and (d) of subsection (3) of section
92C of the Act existed in the instant case necessitating ... methods
prescribed under subsection (1) read with subsection (2) of section 92C
of the Act for determining the arm's length price
