Satisfaction of need, rendition & benefit test is to be from assessee’s business point of view

Brief of the case:

1. The ITAT Delhi in the above cited case held that the need, rendition and benefit test for services availed by the assessee from associated enterprises should be applied having regard to the assessee’s business and not  in a generic manner. TPO should have given due thought to the requirements, benefits and manner of rendition of services by AEs before jumping to the conclusion that services not provided and no benefit accrued to assessee.

2. Further, the department cannot guide question the wisdom of assessee in availing services for its business.

Facts of the case:

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