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2019 (7) TMI 1618 - ITAT DLEHITP Adjustment - MAM selection - TNMM or CUP method - non grant of Royalty and Product Development fee - HELD THAT:- Tribunal held that the assesee had been consistently following the TNMM method as accepted by the authorities and, therefore, it is not open for the TPO to apply the CUP method abruptly without assigning any reason and such an act of the TPO amounts to deciding the issue by sitting in the armchair of the businessman/assessee. Tribunal held that the application of benefit test is impermissible and as a matter of fact the payment of royalty and product development fee are intrinsically interlined with the production and sales and can only be decided under TNMM. On this premise, the Tribunal set aside the impugned order and remanded the issue back to the ld. TPO to decide it afresh after providing an opportunity to the assessee. With this view of the matter, we set aside order and remand the issue relating to the royalty and product development fee to the file of the ld. TPO for deciding it afresh - Appeal is allowed for statistical purposes.
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