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2012 (9) TMI 615 - AT - Income TaxTransfer Pricing u/s 92C – Calculation of Arm Length Price – Assessee is an exporter 5 types of minerals – In 3 types of minerals TPO apply CUP (Comparable Uncontrolled Price) method instead of TNMM (Transaction Net Margin Method) method applied by assessee – AO issue draft assessment order by making addition to income – Same was also upheld by DRP – Held that:- TPO had not made suitable study of the case such as: has not made any external comparison of the prices, adopted the special sale price attributable to non-Associates Enterprises on small quantity by instead of AE’s for bulk and regular sales, ignored the factors like additional capital and risk involved, difference in FOB and CIF value, not considered quality variation in different consignments and the corresponding variations reflected in the pricing of exports. - ALP addition deleted - Therefore, appeal decides in favour of assessee
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