ITAT upholds TP adjustments for commission on corporate guarantee given for term loan availed by AE

IT : A financial loan guarantee commitment entered into by the assessee company with a third party lender of its Associated Enterprises which obliges the assessee company to cover the risk of default by its Associated Enterprise involves risk of default for which "price" has to be charged. Even the OECD Transfer Pricing Guidelines 2010 supports this view where it is explained that where higher credit rating of Associated Enterprise is due to a guarantee by another group member, such association