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2017 (7) TMI 812 - HC - Income TaxTPA - selection of MAM - TNMM OR CUP - Held that:- CIT(A) and the Tribunal have concurrently accepted the case that there are difference in functions performed so also the risk undertaken by the assessee with respect to the transaction between related and unrelated parties. It is further considered that the rates charged by the assessee to related and unrelated parties cannot be the same and by making appropriate adjustments to the rates charged by the assesses to the related and unrelated parties, the CUP method can be used. The CIT(A) and the Tribunal accepted that the difference in rates with regard to the transactions with the related and unrelated parties are on account of various factors. The efforts of research personnel in the case of related parties based on time spent was approximately 20% lower than that of unrelated parties. The sales trading efforts for related parties was 20% of the efforts required for unrelated parties since no sales persons were dedicated towards building and fostering clients relationship. The additional cost incurred in transaction with unrelated parties vis-a-vis related parties was accepted inter alia difference in brokerage charged to related and unrelated parties. The findings arrived at by the CIT(A) on appreciation of facts and record, are the findings of fact which the Tribunal has also accepted. The said concurrent findings arrived at by the CIT(A) and the Tribunal are based on appreciation of factual matrix and the same does not give rise to any substantial question of law. The provisions of Section 92C r/w Rule 10B of the Act have been considered and applied in a plausible manner. No substantial question of law
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