Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 1054 - AT - Income TaxTP Adjustment - MAM selection - TPO rejected RPM and applied Transactional Net Margin Method (TNMM) as the most appropriate method to determine Arm’s Length Price (ALP) - HELD THAT:- We find no cogent reason to reject assessee’s RPM as the most appropriate method to benchmark ALP in the impugned assessment year, when the same was accepted in the earlier and later assessment years by the TPO. The assessee succeeds on rule of consistency. The ground no.1 of CO is thus, allowed. Sale price of goods exported by the assessee to AE is more than or equal to the sale price of goods charged by AE from third parties - DRP deleted adjustment - DRP recorded this finding on the basis of documents submitted by the assessee and the report of TPO on same. The assessee could reconcile price of 80% of the goods exported to AE vis-a-vis the price charged by AE from third parties. The Department has not been able to controvert factual findings of the DRP based on the report of TPO. Under such circumstances, no adjustment is warranted. We find no infirmity in the impugned findings of DRP. The appeal of Revenue is devoid of merit, hence, dismissed.
|