Interest on loan provided to AE without any security benchmarked at LIBOR plus rate for TP adjustment
IT/ILT: Transaction of loan given by Indian company to its AE is an international transaction and subjected to ALP as per transfer pricing provisions, thus loan advanced by assessee without any security or guarantee it had to be benchmarked by taking Arm's Length interest rate as LIBOR plus
IT/ILT: Where assessee had not admitted interest arisen and accrued to it on loan given to AE for assessment year under consideration, provisions of article 11 of Indo-Mauritius treaty could not be pressed into service
IT/ILT: Where assessee made payments towards share application money to its subsidiary but had not produced terms and conditions of application money, issue was to be remitted to file of Assessing Officer/TPO to reconsider same to determine actual period of delay in allotment and arm's length interest to be received by assessee in case transaction of share application money would have been with an unrelated party
IT/ILT: Where assessee itself had reported transaction as international transaction, there was no scope of any opportunity of hearing or considering any objection of assessee on point of reference to TPO for determination of ALP
Regards
Prarthana Jalan
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