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2021 (6) TMI 245 - ITAT MUMBAITP Adjustment - selection of MAM - rejecting Resale Price method - adjustment for the transaction pertaining to export of socks - assessee applied RPM as the most appropriate method to benchmark its international transactions of export of socks to AEs - contention of the assessee is that the assessee has been consistently adopting RPM as the most appropriate method to benchmark ALP of transactions with AEs - HELD THAT:- In the instant case, the Revenue has not brought on record any material fact to show difference in the nature or manner of transactions with AEs. Thus we find no cogent reason to reject assessee's RPM as the most appropriate method to benchmark ALP in the impugned assessment year, when the same was accepted in the earlier and later assessment years by the TPO. The assessee succeeds on rule of consistency. The ground no. 1 of CO is thus, allowed. DRP deleted Adjustment after recording finding of fact that the sale price of goods exported by the assessee to AE is more than or equal to the sale price of goods charged by AE from third parties - DRP recorded this finding on the basis of documents submitted by the assessee and the report of TPO on same. The assessee could reconcile price of 80% of the goods exported to AE vis-a-vis the price charged by AE from third parties. The Department has not been able to controvert factual findings of the DRP based on the report of TPO. Under such circumstances, no adjustment is warranted. We find no infirmity in the impugned findings of DRP. The appeal of Revenue is devoid of merit, hence, dismissed.
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