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2012 (11) TMI 462 - AT - Income TaxAdjustment to ALP - CUP v/s TNMM method - assessee trader of coffee - Held that:- As considered in AY 2006-07 TPO as well as the DRP have not considered the objections raised by the assessee against the comparables selected by the TPO for arriving at the ALP. As seen from the submissions of the assessee, the glaring differences that appears that comparable used by TPO is in the business of processing and trading in spices, whereas the assessee is in the business of trading in Coffee. As the facts of present year are same as above it would be appropriate to consider as to which the most appropriate method for determining the ALP to the TPO for fresh consideration. The fact the assessee adopted CUP method as the most appropriate method will not be conclusive and the endeavour of the assessee and the revenue should be to arrive at the correct ALP. Assessee also submitted that the price at which the Coffee Board sells Coffee seeds should not be taken as bench mark - remand the matter to the TPO for fresh consideration.
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