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Transfer Pricing Computation of arms length price SLP granted against order of High Court holding that for computing ALP of guarantee commission

SUPREME COURT OF INDIA

 

Appeal (C) Diary NO(s) 24442 of 2017

 

Commissioner of Income Tax, Mumbai.........................................................Appellant.
v.
Glenmark Pharmaceuticals Ltd. ...................................................................Respondent

 

Ranjan Gogai & Navin Sinha, JJ.

 
Date :September 8, 2017
 
Appearances

Tushar Mehta, ASG, Yashank Adhyaru, Sr. Adv., Ritesh Kumar, Rajat Nair, Advs. And Ms. Anil Katiyar, AOR for the Petitioner.
Puneet Jain, Ms. Christi Jain, Abhinav Gupta and Ms. Priyal Jain, Advs. For the Respondent.


Section 92C of the Income Tax Act, 1961 — Transfer Pricing — Computation of arms length price — SLP granted against order of High Court holding that for computing ALP of guarantee commission , no comparison can be made between guarantees issued by commercial banks as against a corporate guarantee issued by holding company for benefit of its AE, a subsidiary company — Commissioner of Income Tax vs. Glenmark Pharmaceuticals ltd.


ORDER


Heard the learned counsel for the petitioner and persued the relevant material.

Delay condoned.

Exemption from filing certified copy of the impugned order is granted.

Leave granted.

Tag with Civil Appeal NO. 9250 of 2015.

 

[2017] 250 TAXMAN 391 (SC)

 
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