TMI Blog2016 (4) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and sufficient data not being available to reconcile the change in the market, change in rate of exchange, change in cost etc. at length in paragraph 3.1.at pages 3 to 9. The ld.CIT(A) has reproduced in paragraph G, the relevant extract of the accepted position for A.Y: 2009-10, wherein the TPO has accepted the RPM as the most appropriate method for calculating the ALP in respect of trading segment. We do not find any infirmity in the findings of the ld.CIT(A). As in the subsequent year the TPO himself has accepted RPM to the MAM for determining the ALP for the trading segment, on the similar facts and circumstances, as recorded by the ld.CIT(A). We therefore uphold the findings of ld.CIT(A) - Decided against revenue. - I.T.A .No.-30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee is at Rudrapur. During the year under consideration the assessee did not start production at Rudrapur plant however, as per the CA s report u/s 92E of the I.T. Act, the assessee entered into international transaction with its AE to the extent of ₹ 23,72,68,470/-which is as under; S.No. Type of International Transaction Total Value (Rs.) Method selected 1. Purchase of raw materials 11,38,15,778/- TNMM using operating profit as a PLI operation revenue. 2. Export of finished goods 20,68,837/- TNMM using operating profit as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of industrial automation products. The ld.TPO rejected the RPM used by the assessee and applied TNMM method for benchmarking the transaction and proposed an adjustment of ₹ 4,29,62,659/- for import of industrial automation products. Accordingly on the basis of the order of TPO, assessment u/s 143(3) was made by making an addition of ₹ 4,29,62,659/-. 3. Aggrieved with the above order u/s 143(3) of the IT Act, 1961, the assessee filed an appeal before the ld. CIT(A)-II, Dehradun. 3.1. The ld.CIT(A) called for a report in respect of some documents filed by the aassessee in respect of net margins in subsequent years. The TPO filed his report on 08.02.2013, in which he once again he supported that TNMM must be applied to calcu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the authorities below as well as the arguments advanced by both the parties. 6.1. It is observed that the primary objective of the assessee is of manufacturing/trading/assembling of Telecom Power Equipment, visual display products, industrial automation and magnetic components, etc. The only issue in dispute is in regards to the MAM for determining ALP in respect of the trading section. The assessee had used TNMM as MAM for arriving at the ALP in respect of purchase of raw materials, export of finished goods and in respect of Transaction relating to import of industrial automation products and sales commission it had used RPM as MAM. The ld. AR submitted that as there is no value addition in respect of goods sold by the assessee and th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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