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2018 (1) TMI 1711 - AT - Income TaxTP Adjustment - additions in respect of MSS fee paid by the assessee to its AEs - AR submitted that the assessee has entered into Advance Pricing Agreement (APA) u/s. 92CC of the Act with CBDT - contentions of the assessee is that in the past as well in the subsequent assessment years payment of MSS fee by the assessee to its AE has been accepted by the TPO/DRP at arm’s length and only for the assessment year under appeal that the TPO has raised doubt over rendering of such services by AE to assessee - HELD THAT:- There is no impediment on department in applying the terms and conditions of APA while considering international transactions in the assessment year not covered by the APA, but subject to the condition that the nature of international transactions should be identical in both the situations. In view of the fact that the assessee has entered into APA with the Board, for the subsequent assessment years, without commenting on the merits of the adjustment made, we deem it appropriate to remit this file back to Commissioner of Income Tax (Appeals) to re-adjudicate the issue, in accordance with the aforesaid directions. Accordingly, the appeal of the assessee is allowed for statistical purpose.
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