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2016 (8) TMI 1081 - ITAT DELHITransfer pricing adjustment - ALP in respect of royalty and management fees - Held that:- The issue is covered, in favour of the assessee in assessee’s own case for the assessment year 2010-11. There is no occasion to take a different view of the matter for this year. In any event, one can discard the TNMM and proceed to adopt CUP only when a comparable product or service is available. When no such comparable is available, as in this case, there cannot be any occasion to resort to CUP, and, as such, in such a situation, CUP cannot be accepted as MAM over the TNMM. The very approach underlying these ALP adjustments is not fallacious and legally unsustainable. We, therefore, direct the Assessing Officer to delete ALP in respect of royalty and management fees.
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