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2017 (7) TMI 918 - DELHI HIGH COURTTPA - selection of MAM - Held that:- It is apparent from a plain reading of order of the CIT (A) that it agreed with the Assessee that the transactions both in Class I and II segments had to be benchmarked by applying the TNMM. Therefore, it was factually erroneous on the part of the ITAT to observe to the contrary. Likewise, the ITAT proceeded on an erroneous assumption of fact that the RPM method was approved by CIT(A) for benchmarking the class II segment transactions. Change in the functional profile of the business of the Assessee - The functional profile of the Assessee for the AY in question i.e. AY 2004-05 has not changed in the subsequent AYs i.e. 2007-08 to 2010-11. The TPO has in each of the subsequent AYs i.e. 2007-08 to 2010-11 accepted the TP Study .of the Assessee insofar as the determination of ALP for the Class' T Class II segment international transactions are concerned. Consequently, the Court is unable to accept the plea of the Revenue in the present case that the Court should proceed on the assumption that the Assessee "had changed his business profile and functions." If there is, in fact, no change in the business profile of the Assessee in all these years i.e. in AY 2004-05 as well as subsequent years, there is no warrant for the Court to uphold the order of the ITAT remitting the matter to the TPO/AO or for this Court to remand the appeal to the ITAT for a fresh consideration. That will be a sheer waste of time and would serve no purpose.
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