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2021 (2) TMI 609 - AT - Income TaxTP Adjustment - MAM selection - it was the revenue who was aggrieved by the directions of DRP in considering CPM as the most appropriate method for determining ALP of the international transaction under trading segment - HELD THAT:- In the present facts the Ld.TPO adopted TNMM as against CPM adopted by assessee with the same set of comparables as considered by assessee for determining the arm’s length price of the transaction under trading segment. Admittedly, no difference has been pointed out in facts and circumstances for assessment year under consideration vis-a-vis assessment year 2011-12. Respectfully following the directions of this Tribunal for assessment year 2011-12 in assessee’s own case, we direct the Ld.TPO to determined the arm’s length price of the transaction under trading segment by using CPM as the most appropriate method and to carry out the exercise of determining the arm’s length price of the transaction in accordance with law. Disallowance of provision created for sales/advertisement - DRP upheld the action of the Ld.AO as the liability was not crystallised during the year under consideration - HELD THAT:- DRP referred to the categorical observation in the draft assessment order wherein the said fact has been noted by the Ld.AO. DRP also noted that the said expenses would be allowable only when it is crystallised which falls in the next year. This has not been controverted by any documents/evidences by the Ld.AR even before us. Under such circumstances we do not find any infirmity with the observations of DRP in upholding the action of the Ld.AO.Accordingly this ground raised by assessee stands dismissed. Disallowance of expenditure on advertisement and warranty provision - AR prayed for one more opportunity to be granted to assessee to support its claim - HELD THAT:- We remand this issue to the Ld.AO for assessee to provide necessary documents in support of its claim. The Ld.AO shall verify the details/evidences filed by assessee and consider the claim in accordance with law.
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