No TP adjustment for royalty calculated on basis of new exchange control policy as it was less than

IT/ILT : Where assessee, which had been granted a non-exclusive, non-assignable right to duplicate and sub-license products of its holding company (Oracle) in India, changed rate and base for calculation of royalty payable to Oracle in view of liberalised foreign exchange regime but effective royalty paid out to Oracle during current year remained less than earlier years, no TP adjustment could be made in royalty pay out