FIBERHOME INDIA (P) LTD,NEW DELHI vs. ACIT, CIRCLE-7(1), NEW DELHI

ITA 6083/DEL/2024Status: DisposedITAT Delhi30 January 2026AY 2021-22Bench: Ms. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the TPO's computation of ALP for interest on ECBs was flawed, particularly by deviating from the consistent treatment in prior assessment years. The Tribunal directed the deletion of the addition made on account of interest on ECBs.

What were the facts?

The assessee company, Fiberhome India (P) Ltd., filed a return declaring a loss. The case was selected for scrutiny, and due to international transactions, it was referred to the Transfer Pricing Officer (TPO). The TPO made significant adjustments to the Arm's Length Price (ALP) concerning the import of goods and interest on External Commercial Borrowings (ECBs).

What were the issues?

The primary issues involved the correctness of the TPO's determination of Arm's Length Price for international transactions, including the import of goods and interest on ECBs, and whether the TPO followed the directions of the Dispute Resolution Panel and principles of consistency.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144B,Section 92CA(3),Section 144C(5),Section 14,Section 234A,Section 234B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “I”: NEW DELHI

Before: Ms. MADHUMITA ROY & SHRI MANISH AGARWAL

For Appellant: Shri Gautam Jain, Adv.;, Shri Parth Singhal, Adv.; &, Shri Ankit Kumar, Adv
For Respondent: Shri Santosh Kumar, CIT(DR)
Hearing: 04.11.2025Pronounced: 30.01.2026

PER Ms. MADHUMITA ROY, JM: The instant appeal, filed by the assessee, is directed against the Assessment Order dated 29.10.2024 [DIN: ITBA/AST/S/143(3)/2024-25/1070024806(1)], passed by the Assessment Unit, Income Tax Department, under Section 143(3) r.w.s. 144C(13) read with Section 144B of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), pursuant to the directions of the Dispute Resolution Panel (“DRP”) under Section 144C(5) of the Act for the Assessment Year 2021-22. 2. Grounds of appeal raised by the assessee are as under:

2 “1. That the learned Assessment Unit, Income Tax Department ("AO") has erre

The order continues below.

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