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2022 (8) TMI 386 - HC - Income TaxTP Adjustment - selection of MAM - Tribunal held that resale price method adopted by the assessee in determining its ALP of international transactions with AE, is not applicable, while remanding the matter back to the TPO for fresh determination - HELD THAT:- Tribunal was of the view that the resale price method adopted by the assessee in determining its ALP of international transactions with AE is not applicable. At the same time, the Tribunal was of the further view that the CUP method adopted by the TPO is also not applicable, because the TPO has compared the price of bulk drugs and intermediates sold to non-AEs in small quantity on trial basis, located in Germany, Vietnam, Greece, Japan, Turkey, Argentina, Mexico, Saudi Arabia, Malaysia and Thailand with the AE located in USA on wholesale basis. Thus, it is evident that there were some contradictions in the findings of the Tribunal, with regard to the method adopted by the TPO in determining the ALP. However, the order passed by the Tribunal, in remanding the matter to the TPO for fresh determination of ALP, in the facts and circumstances of the case, need not be interfered, in the considered opinion of this court. Transfer Pricing Officer is directed to redo the entire process of determination of ALP of international transactions with AE, without being influenced by any observation made by the Tribunal and render an independent finding with regard to the issues involved herein, after granting due opportunity of hearing to the appellant/assessee to put forth its case.
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