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2022 (2) TMI 1301 - AT - Income TaxTP Adjustment - determination of ALP of certain intra-group services claimed to have been received by the assessee from its AE - ALP of the payment made to the Associated Enterprises (AEs) towards provision of administrative services - assessee has benchmarked all the transactions by applying Transactional Net Margin Method (TNMM) by clubbing them with other transactions - HELD THAT:- On a specific query made by the Bench to demonstrate the receipt of services from AE through cogent evidence, including, any communication with the AE, Assessee expressed his inability to furnish any evidence and repeated his submission to restore the matter back to the AO for enabling the assessee to furnish evidence, if any. We are unable to accept the aforesaid submission of learned counsel for the assessee. When the assessee has failed to furnish any evidence either before the departmental authorities or before us to demonstrate that administrative services, indeed, were rendered by the AE and the nature and scope of such services, in our view, no useful purpose would be served in restoring the matter back to the Assessing officer for reconsidering the issue. In view of the aforesaid, we do not find any valid reason to interfere with the decision of Commissioner (Appeals) on the issue We have come to the aforesaid conclusion based on the facts involved in the impugned assessment year, wherein, the assessee has failed to furnish cogent evidence to demonstrate that administrative services were actually received from the AE. Therefore, this decision of ours may not prejudice assessee’s claim in any other assessment year, as, it has to be decided based on the evidences produce to establish the claim of receipt of services from AE. Assessee appeal dismissed.
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