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2021 (4) TMI 64 - AT - Income TaxTP Adjustment - whether “other method” applied by the taxpayer to benchmark its international transactions is the MAM as against TNMM applied by the TPO/ld.DRP? - HELD THAT:- When undisputedly there is no change in the business model of the taxpayer during the year under consideration and in the succeeding assessments years i.e. 2014-15 to 2017-18, in which TPO/DRP have accepted “the other method” applied by the taxpayer to benchmark the international transactions qua its manufacturing operation, the rule of consistency has to be followed by the Revenue Authorities, otherwise it will lead to multiplicity of the litigation at different forums and will also lead to the uncertainty in the termination of litigation. So, when there are no distinguishing features and no change in the business model of the taxpayer, this issue is required to be remitted back to the TPO to decide afresh as to whether “other method” applied by the taxpayer to benchmark its international transactions qua manufacturing segment is the MAM afresh by providing an opportunity of being heard to the taxpayer.Grounds determined in favour of the taxpayer for statistical purposes.
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