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2020 (1) TMI 1190 - HC - Income TaxTPA - Selection of MAM - CUP v/s TNMM - Whether CUP is most appropriate method for benchmarking of transaction of Royalty and Product development fee? - Tribunal has held that on fact there was no good reason for the TPO to abandon the TNMM Method and invoke the CUP Method and remanded the case back to him for a fresh decision after hearing the parties - HELD THAT:- TPO has not been able to show that on fact the applicability of the CUP Method is more appropriate. Neither any reason is put forth to justify the departure from the TNMM being followed earlier nor there is any averment of change in circumstances from the previous years. In this view of the matter, we see no legal infirmity in the Tribunal being the final fact finding authority to come to the conclusion that the invocation of the CUP method was not justified and no reason existed for the departure from the past practice. Appeal dismissed.
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