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2020 (2) TMI 728 - HC - Income TaxTP Adjustment - determination of the royalty payment at Rs.nil by using the benefit test by assessee- HELD THAT:- Tribunal gave a finding that the respondent-assessee has used the technologies supplied by its A.E. in its manufacturing process and for such use of technology, it has paid the royalty. It then referred to decisions of M/S. TOYOTA KIRLOSKAR AUTO PARTS PVT. LTD. VERSUS ASST. COMMISSIONER OF INCOME-TAX, LTU, BANGALORE. [2015 (1) TMI 921 - ITAT BANGALORE] . In a similar case, the Tribunal had remitted the issue to the file of the A.O. to determinate the arm’s length price of royalty by adopting TNMM after giving fair opportunity for hearing. Thus, the Tribunal has only remitted the matter back to the file of AO/TPO and did not adjudicate anything in the appeal and it allowed the appeal only for statistical purpose. We are not inclined to admit this appeal since after the remand order passed by the Tribunal, the matter will again be gone into as per its directions and fresh assessment would be made after complying the principles of natural justice.
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