ITAT Delhi rejects Assessing Officer’s approach of cherry picking the comparables and proposing an arbitrary Transfer Pricing adjustment

Court : Delhi bench of the Income-tax Appellate Tribunal Citation :ACIT Vs M/s Toshiba India Private Limited (2010-TII-14-ITAT-DEL-TP) Brief :Recently, the Delhi bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of ACIT Vs M/s Toshiba India Private Limited (2010-TII-14-ITAT-DEL-TP) has rejected the Assessing Officer’s approach of cherry picking the com parables and proposing an arbitrary Transfer Pricing adjustment. Facts of the case · representative and marketing services to its associated enterprises (AEs). The Company had bench marked its international transactions u...