Diageo India Private Limited Vs. DCIT (ITAT Mumbai)- ITAT held that the contractor of bottling unit of the taxpayer and the overseas Diageo group entities are Associated Enterprises (AEs) and transaction entered between them are covered by the provisions of the Indian transfer pricing regulations. The Tribunal held that reference made by the AO to the TPO under Section 92 CA(3) of the Act, is transaction specific and not enterprise specific. The TPO has no powers to scrutinise transactions which have not been referred to him by the AO.
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI D BENCH, MUMBAI
ITA No. 8602/Mum/2010
Assessment year: 2006- 07
Diageo India Private Limited Vs. Deputy Commissioner of Income Tax
Date of hearing: June 07, 2011.
Date of pronouncement: September 05, 2011.
O R D E R
Per Pramod Kumar:
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