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2022 (12) TMI 991 - ITAT PUNETP Adjustment - selection of MAM - lower authorities justification in rejecting the Cost Plus Method as the most appropriate method for purpose of benchmarking the international transactions relating to purchase of raw material - HELD THAT:- The ratio laid down in the case of Vishay Components India (P.) Ltd [2019 (2) TMI 1449 - BOMBAY HIGH COURT] wherein, it was held that when a particular method is accepted by the Department to determine the arm’s length price of international transactions in the absence of change of facts, the Department should benchmark the international transactions adopting the same method as most appropriate method. In the present case also, it is not the case of the Department that there is difference in facts warranting a different view in the current assessment year regarding the selection of the most appropriate method for the purpose of benchmarking the international transactions. We are of the considered opinion that the AO/TPO/DRP was not justified in rejecting the Cost Plus Method adopted by the assessee for the purpose of benchmarking the international transactions in the absence of difference in the facts of the case. Therefore, we remand the matter to the file of the AO/TPO with a direction to compute the arm’s length price of the international transactions by adopting the Cost Plus Method as the most appropriate method de novo after affording due opportunity of being heard to the assessee company.
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