2023 (9) TMI 606 - ITAT DELHI

TP Adjustment - Selection of MAM - CUP method followed by the assessee was rejected by the TPO and instead TNMM was selected as Most Appropriate Method - HELD THAT:- We find that the DRP has already allowed the CUP as MAM in the A.Y. 2011-12, A.Y. 2013-14 and A.Y. 2014-15 and the TPO sought to undertake the comparison “invoice by invoice” with the third party located in the same “geographical location” while rejecting the CUP undertaken by the assessee however, these facts are of no relevance as long as the amount/rate charges for hours incurred by an individual for a project is uniform and the services were provided to its AE as well as to third party by same employee located in India.

Reliance is being placed on the judgment of Hon’ble Supreme Court in the case of CIT, Delhi-II Vs. Cargill Foods India Ltd. [2016 (11) TMI 1567 - SUPREME COURT] - Since, the appeal of the assessee is decided in favour of the assessee, the Stay Application of the assessee is infructuous and hence dismissed.