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2021 (9) TMI 1128 - AT - Income TaxTP Adjustment - direction of Dispute Resolution Panel (DRP) in determining Arm's Length Price (ALP) at Nil on account of trademark charges - HELD THAT:- As explained before the DRP taking support from agreement and invoices, the DRP having no application seeking admission of those documents rejected to take cognizance of said documents as additional evidences. AR fairly conceded these documents were not at all before the TPO and requested for an opportunity to the assessee and remand the matter to the file of TPO for verification afresh in terms of documents filed. DR submits that the said documents and oral submissions as advanced by the ld. AR before this Tribunal were not before the TPO and requires fresh examination in terms of the same - we deem it proper to remand the issue to the file of TPO for its fresh verification in terms of evidences filed before this Tribunal by way of paper book and determine the ALP of international transactions on account of trademark license fees. Thus, ground No. 1 raised by the assessee is allowed for statistical purposes. Treatment of subvention money - Revenue or capital receipt - assessee has been treating the subvention money received as income treating the same as revenue receipt - HELD THAT:- As the Hon'ble Supreme Court in the case of Siemens Public Communication Network (P.) Ltd. [2016 (12) TMI 1854 - SUPREME COURT] held the same as not a revenue receipt. We note that the details of amounts wherein the assessee received the said amount from its AE for operation support in A.Ys. 2009-10, 2010-11 and 2011-12 Since, it is not before the TPO, upon hearing both the parties, we deem it proper to remand this issue to the file of TPO for verification in terms of the principle laid down by the Hon'ble Supreme Court in the case of Siemens Public Communication Network (P.) Ltd. (supra). The assessee is liberty to file evidences, if any, in support of its claim.
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