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2019 (2) TMI 2067 - AT - Income TaxTP Adjustment - TPO that in determining the ALP at NIL of the International Transaction of 'Receipt of Advisory and other services’ - Selection of MAM - HELD THAT:- Vide order Tribunal [2018 (6) TMI 1565 - ITAT PUNE] has held the TNMM to be the most appropriate method in preference to the CUP applied by the TPO. After giving certain directions, the matter has been sent back to the AO/TPO for deciding the issue accordingly. In reaching this conclusion, Tribunal relied on its own order for the A.Ys. 2009-10 and 2010-11 in which similar view was canvassed. Copies of all such orders of the Tribunal, right from the A.Ys. 2009-10 to 2013-14, have been placed on record in which similar view has been taken. DR fairly conceded that the facts and circumstances of the instant appeal are mutatis mutandis similar to those of earlier years. Respectfully following the precedent, we set aside the impugned order and remit the matter to the file of AO/TPO for deciding this issue afresh in accordance with the directions given by the Tribunal in assessee’s own case for the earlier assessment years. Needless to say, the assessee will be provided adequate opportunity of hearing in such fresh proceedings.
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