pointed out that sub-section (4) applies where an ALP is
determined by AO under sub-section (3) of section 92C. It is then pointed ... prohibition should exist in section 92C and not in
section 92CC. Section 92C deals with a situation where an assessee declares a price
subject to relief' is without legal sanction.
Second Proviso to Section 92C(2) clearly provides that "if the variation
between ... within the meaning of Rule 10D of IT Rule r.w. section 92C , 920 and 92E
of the IT Act 1961. More so, in view
erred in not using any of the five method prescribed under section 92C to
benchmark the international transaction of payment for availing of services ... length
price by following one of the methods provided in Sec. 92C of the Act. As
observed by us hereinabove, it is a matter
Without prejudice to the above, the benefit of proviso to section 92C(2) of
the Act (Variation of 3% from the arithmetic mean) should ... Erred in not using any of the six methods prescribed under section 92C to
benchmark the international transaction of payment for availing of
services
difference was outside +/-3%
+/ 3% range as per the proviso to Section 92C(2) of
the Act. The TPO therefore made downward adjustment ... interference.
11. Thereafter the Ld. A.R. drew our attention to Section 92C of the Act,
regarding computation of arm's length price, which
without specifying the reasons by which conditions specified under
section 92C(3) of the I. T. Act 1961 get satisfied.
7. Looking to the facts ... fact that none of the conditions
set out in Section 92C(3) of the Act are satisfied and that the Assessee
has complied with
under section 92C .
10B . (1) For the purposes of sub-section (2) of section 92C , the arm's
length price in relation ... application of the most
appropriate method referred to in sub-section (1) of section 92C
results in determination of more than one price, then
Dcit, New Delhi vs M/S. Dabur India Ltd., New Delhi on 18 February, 2021
Pricing ("TP") documentation of the Appellant as required
under section 92C(3) of the Act;
• without appreciating that the management services
transaction undertaken ... necessitating
aggregation approach for the purposes of TP in
accordance with section 92C of the Act read with Rule10B
of the Income- tax Rules
international transaction or specified
domestic transaction in accordance with sub-section (3) of
Section 92C and send a copy of his order to the Assessing ... section (3) of Section
92CA of the At, such issue would be closed.
14. Before making any such reference, sub-section (1) of Section 92C
