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2023 (1) TMI 1310 - AT - Income TaxTP Adjustment of management fee paid by the assessee to its AE - unilateral estimation - prescribed method - HELD THAT:- The Co-ordinate Bench in assessee’s appeal [2022 (11) TMI 1417 - ITAT MUMBAI] decided the issue in favour of assessee by placing reliance on the decision of the Tribunal in assessee’s own case in [2019 (12) TMI 1238 - ITAT MUMBAI] and on the decision rendered in the case of CLSA vs. DCIT [2019 (1) TMI 1351 - ITAT MUMBAI] held that TPO made an adhoc unilateral estimation by assuming that around 750 hours would have been spent for providing the aforesaid services for which remuneration of INR 3,000/- per hour was appropriate. The Tribunal deleted the addition holding that the TPO had resorted to an adhoc unilateral pricing of the Management Fee without applying any of the prescribed methods and disregarding the facts of the case by placing reliance upon the decision of the co-ordinate Bench of the Tribunal in the case of Kellogg India Pvt. Ltd. v. DCIT [2019 (8) TMI 698 - ITAT MUMBAI] TPO has determined the ALP of the transaction without following any of the prescribed methods - Appeal of assessee allowed
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