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it relates to the addition of Rs. 4,85,65,343/- on account of late deposit of PF. Ltd. CIT(A) deleted the same by following the decision of the Hon’ble Supreme Court in the case of CIT vs. Vinay Cements Ltd. (2007) 213 CTR (SC) 268 and the decision of the Hon’ble Jurisdictional High Court in the case of CIT vs. AIMIL Ltd. 188 taxman 265 (Delhi). No fact is brought to our notice which renders these two decisions inapplicable to the facts of the case on hand are as to how the Ld. CIT(A) went wrong in following the decision in these 2 cases. We, therefore, do not find any illegality or irregularity in the conclusion reached by the Ld. CIT(A) on this aspect and, therefore, while upholding the same and dismiss this ground of appeal.”

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Sec. 92B of Income Tax Act, 1961 —Transfer Pricing —  DRP was right in holding that the said transaction is International Transactions as the AE was without any creditworthiness in spite of the assets sought to be bought as there were no factor to comfort the lenders to grant commercial loans at competitive rates as held by the TPO/DRP but as regards the rate is concerned by following the decision in case of Fresenius Kabi Oncology Ltd. (Supra) matter was remanded back to the file of the Assessing Officer/TPO with the direction that the same should be taken as 1% — Unitech Ltd. vs. Dy. CIT [2020] 180 Itd 653 (DEL)

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