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2019 (5) TMI 174 - AT - Income TaxTP Adjustment - MAM selection - benchmarking the sales to AEs. - Internal CUP method OR TNMM - HELD THAT:- Decision on the cross appeal for the assessment year 2007-08 [2019 (2) TMI 1613 - ITAT AHMEDABAD] will apply mutatis mutandis on this appeal as well. There are some variations in this year, such as the advance payment in this year is for 13.97 months on an average, as evident from the calculations and such as the fact that there have no sales of certain products to non AEs at all and yet internal CUP mechanism has been adopted. These variations will, however, not have any impact on the conclusions arrived at by us. We, therefore, see no reasons to take any other view of the matter for this assessment year. In any case, that approach is not even disputed by the parties before us. We, therefore, uphold the plea of the assessee and delete the impugned ALP adjustment which was made by adopting Internal CUP method and rejecting the TNMM adopted by the assessee for benchmarking the sales to AEs. Once we hold so, all other issues raised in the appeal are rendered infructuous calling for no adjudication by us.
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