Unilateral action on the part of one party with absence of mutual agreement cannot result into an international transaction

Brief of the case: The Hon’ble Delhi HC in the case of WHIRLPOOL OF INDIA LTD. held that in the absence of ‘mutual agreement’ or ‘arrangement’ or ‘action in concert’ for the allocation or apportionment of or contribution to the cost or expenses incurred by the Assessee in connection with benefit, service or facility provided to the AE , there cannot be an international transaction. As such the unilateral action on the part of one party not binding other cannot be termed as international transaction and in the absence of international transaction the entire TP exercise is fut...