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2019 (5) TMI 1440 - AT - Income TaxTP Adjustment - selection of MAM - TNMM v/s CUP - TPO rejected TNMM adopted by assessee for ALP determination and made adjustment in respect of commission segment business by adopting margin of profit for trading with non-AE of assessee - HELD THAT:- TNMM is most appropriate method under such circumstances instead of CUP. Considering fact that assessee is a low risk service provider and that there is no change in FAR from assessment year 2003-04 to 2018-19 as has been observed by this Tribunal in preceding assessment year, we do not find any reason to deviate by adopting any other method other than TNMM. Respectfully following view taken by this Tribunal in preceding years, we remand the issue back to file of Ld. TPO to examine and benchmark international transaction by adopting TNMM as most appropriate method by taking Berry ratio as PLI, as has been approved by Hon’ble High Court. Needless to say that assessee shall be granted proper opportunity as per law. Issue raised by assessee in the appeal for assessment year 2012-13 stands allowed for statistical purposes.
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