Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 807 - DELHI HIGH COURTTPA - MAM - Appropriateness of the Resale Price Method (RPM) - TPO rejected that and applied the Transactional Net Margin Method (TNMM) as the most appropriate and proximate test - Held that:- This Court is of the opinion that the mere circumstance that of a disagreement either between the assessee and the Revenue authorities or amongst the Revenue authorities in the application of one or other methods for determining ALP ipso facto does not constitute question of law. This, however, not to say that if in a given case the aggrieved party is able to show that the rule applied has led to distortion or prejudice as the case may be, the question of law does not arise. In the present case, however, no such factors are present. This question of law therefore does not arise. Furthermore, the Court also takes note of the fact that in the subsequent year the RPM was endorsed by the TPO itself. Seed development/agronomy expenditure which was treated as capital in nature by the AO. The CIT(A) took a contrary position; that was endorsed by the ITAT being pure finding of fact. The Court is of the opinion that no substantial question of law arises.
|