Bad debts written off cannot be factor to determine ALP of any international transaction

JUDGMENT The assessee has filed these appeals challenging the respective orders of Learned CIT (A)- VI Mumbai for the assessment years 2002- 03 and 2003- 04. As the issue as well as facts are identical hence both these appeals are disposed off by this common order. 2. The first common issue in respect of dis allowance of royalty paid by the assessee to C A Management Inc USA (in short ‘CAMI’) for distribution of the software products in India. 3. The facts, which reveals from the record are as under. The assessee-company is a 100% subsidiary company incorporated in 1998 under the I...