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2016 (2) TMI 1234 - ITAT DELHITP Adjustment - classification of the goods as slow moving or as old stock - ALP of exports of goods - TPO clearly held that the assessee company could not produce anything on record which could substantiate that the goods so exported were part of the slow moving old goods - Selection of MAM - as per CIT-A a fit case to use CUP as a most appropriate method HELD THAT:- The contention of the DR that the assessee instead of selling old stock through AE has directly sold the same to the third party is not correct. The CIT(A) gave finding after considering all the aspects to that effect. It can be found that the said stock was of old stock and the sale was also through the AE as well. The goods sold are exactly the same, as the goods were dispatched from the warehouse of the assessee to the ultimate buyer who is an independent entity. The time gap between the sale of the assessee and the sale of the AE are negligible because it has happened within the same month. The gross profit earned by the assessee is in India. TPO had not disputed the classification of the goods as slow moving or as old stock. Therefore, the CIT(A) has rightly held in favour of the assessee.
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