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TPO couldn't apply 'benefit test' while determining ALP of royalty payments: HC

February 8, 2017[2017] 78 230 (Andhra Pradesh)/[2017] 246 Taxman 85 (Andhra Pradesh)/[2017] 293 CTR 361 (Andhra Pradesh)

IT/ILT : Once it is admitted by revenue that assessee entered into a royalty agreement with AE and assessee claimed benefit from such agreement, in form of quantum increase in sales with no apparent increase in production, minimal product recalls and low after sales maintenance cost, and, consequently, paid royalty in terms thereof, it is not for TPO to make T.P. adjustment in respect of royalty payment by reducing rate of payment

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