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2017 (3) TMI 478 - AT - Income TaxTPA - ALP determination - MAM - Held that:- Assessee and Ckar India are in the same line of business i.e., medical transcription services and Co-ordinate Bench in the above said case of ACIT Vs. M/s. Ckar Systems (P) Ltd.[2013 (2) TMI 65 - ITAT HYDERABAD ] has upheld the Ld.CIT(A)’s order that CUP method is the most appropriate method for computing ALP for the international transactions entered into by assessee with its AE in that case. Since the facts are similar, we are of the opinion that TPO should have adopted CUP method only for analysing the assessee’s International transactions. Accordingly, we uphold assessee’s objections with reference to the adoption of method and direct the AO/TPO to adopt CUP method for the medical transcription services and TNMM for the software development services. AO/TPO is directed to re-do the exercise afresh giving due opportunity to assessee and determine the ALP accordingly. Exclusion of certain companies selected in ITES segment - Held that:- Since we have not accepted the method adopted by the TPO and directed the AO/TPO to re-do the entire exercise afresh, appeal of Revenue becomes infructuous. Revenue, however, is free to raise any issue in case it is aggrieved on the TPO/DRP’s orders in the consequential proceedings. With these observations, Revenue’s appeal is considered infructuous accordingly, dismissed
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