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2021 (10) TMI 605 - AT - Income TaxTP Adjustment - MAM selection - payment(s) of sub-license fee for use of trade mark of “Italcementi”, procurement services fee, consultancy service fee and payment of consultancy fee for using EASY supply portal - transactions followed by adoption of the transactional net margin method (TNMM) as the most appropriate method “MAM” - as per DR lower authorities have rightly adopted a direct method i.e., CUP which carries precedence over all other indirect methods - HELD THAT:- We find no reason to accept the Revenue’s instant argument more particularly in view of the fact that this is second round of consequential proceedings wherein the earlier learned co-ordinate bench had already rejected the very contentions seeking to decline both aggregation as well as TNMM. Assessee had not even furnished the relevant details having adopted aggregation as well as TNMM method in the consequential proceedings. We find no substance in the Revenue’s instant last argument as well since this is once again a second round of assessment wherein no such objections had been put forth from the departmental side in the former round. Be that as it may, we therefore accept the assessee’s contentions seeking to imply “aggregation” as well as TNMM method and leave it open for the “TPO” to finalize the consequential computation as per law. We further make it clear that it shall be very much open for the assessee to file on record all the necessary details pertaining to the comparable(s) list submitted in “TNMM” in the consequential computation.
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