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2016 (9) TMI 1334 - AT - Income TaxTPA - ALP determination - MAM selection - TNMM OR CUP Method - Held that:- TPO, as in the previous year, accepted TNMM as the most appropriate method with regard all the international transactions of the assessee except the receipt of inter group services. The TPO applied an approach similar to Bright Line Test Approach under the Comparable Uncontrolled Price (CUP) method to ascertain the arm’s length price of the inter group services received. He made an adjustment of ₹ 16.06 crore. The DRP followed the earlier year’s approach and accepted part of the services to be at arm’s length and upheld the balance adjustment of 13.48 crore. The TPO did not follow the orders of the DRP and in the final assessment order made an adjustment of ₹ 16.06 crore. The assessee has moved an application u/s 154 of the Act for rectification of the mistake. This is pending adjudication. We find that the very same issue has been dealt by the Tribunal in the assessee’s own cas for AYs 2007-08 and 2008-09 [2015 (12) TMI 1620 - ITAT DELHI]. Consistent with the view taken herein, we uphold the contention of the assessee and delete the TP adjustment. Appeals of the assessee are allowed.
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