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2021 (1) TMI 1289 - AT - Income TaxTP Adjustment - MAM Selection - AO rejecting the TNMM method applied by the assessee and used cup method for benchmarking the transaction of Intra Group Services (professional consultancy services and management fee for support services) - HELD THAT:- Following the orders passed by the coordinate Bench of the Tribunal in taxpayer’s own cases [2016 (8) TMI 950 - ITAT DELHI] and [2020 (8) TMI 917 - ITAT DELHI] and qua the controversy at hand in taxpayer’s own case, we are of the considered view that this issue is no longer res integra because time and again it has been held that TNMM is the MAM to benchmark the international transactions entered into by the taxpayer with its AE qua professional consultancy services (information technology) and fee for management support services but TPO, for the reasons best known to him and to our mind to generate unnecessary litigation, proceeded to apply the CUP method by applying same reasoning applied in the earlier years. So, ld. CIT (A) has rightly deleted the additions by following the orders passed by the Tribunal and Hon’ble Punjab & Haryana High Court [2019 (12) TMI 1630 - PUNJAB AND HARYANA HIGH COURT] passed in taxpayer’s own case. Consequently, the appeal filed by the Revenue is dismissed.
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