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The case was referred to the Transfer Pricing Officer as per Section 92CA of the Act. The Transfer Pricing Officer made the upward adjustment of Rs. 3,50,13,068/- for the payment of management and allocation for both the AE's and insurance allocation, i.e. Rs. 3,47,66,541/- plus Rs. 2,46,527/-. The assessee was intimated regarding the order passed by the Transfer Pricing Officer and the proposed additions. The draft order was passed on 10.02.2014 considering the upward adjustment made by the Transfer Pricing Officer and the same was communicated to the assessee.

Shanti Prime Publication Pvt. Ltd.

Section 92CA of the Income Tax Act, 1961 – Transfer Pricing – Computation of arm's length price – Tribunal took into consideration the voluminous documentary evidence on record in the form of e-mail correspondence indicting the rendition of service and the Tribunal was right in its view that the assessee would be right person to know whether or not the devices were required and the rendition of services has not been disputed, thus, the decision of the Tribunal was correct and required no interference – Principal Commissioner of Income Tax vs. Tudor India P ltd (2019) 420 ITR 399 (Gujarat)

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