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2017 (12) TMI 1627 - AT - Income TaxTransfer pricing adjustment - MAM selection - assessee has entered into Advance Pricing Agreement (APA) with CBDT - application of internal CUP as well as computation of ALP under internal Cost Plus Method - Held that:- In the light of fact that assessee has entered into APA, the Coordinate Bench of the Tribunal in the assessment year 2009-10 has directed Assessing Officer to decide the issue in accordance with the terms and conditions of APA as nature of transactions are similar. We are of considered opinion that it would be just and proper to restore these issues to the file of Assessing Officer with similar directions as above by the Tribunal in asssessee’s appeal for assessment year 2009-10. We further find forces in the submission of ld. DR that before deciding the issues raised in appeals under consideration, it would be relevant to ascertain the nature of international transactions that have been carried out during assessment years 2005-06 to 2007-08. If they are of similar nature, the same can be decided afresh in line with the terms and conditions of APA.
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