9911796707
TMI Blog2016 (12) TMI 1414X X X X Extracts X X X X X X X X Extracts X X X X ..... sons for rejection of the CUP method which finding is perverse and contrary to the record ? 2. Whether the Tribunal erred in not allowing the adjustment of abnormal operating expenses while determining the net operating margins of the Appellant while applying the TNMM method ? 3. Whether the Tribunal erred in considering Bajaj Auto Ltd. As perfect comparable ? 4. Whether the Tribunal erred in not allowing the claim of depreciation on moulds ? 5. Whether the Tribunal erred in not allowing the claim of sales tool expenses ?" Through our order dated 26.08.2016, the appeal was ordered to be dismissed. Thereafter, an application seeking review of the said order with regard to the opinion expressed by us qua the second question was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O that as per the risk profile submitted by the assessee, it was the assessee, which was to bear the risk of manpower and according to him, the loss, if any, from the strike, was one such risk. In view of the above, the TPO rejected the claim. A draft assessment order was passed by the Assessing Officer on the basis of the order by the TPO, which was challenged by the assessee before the Dispute Resolution Panel (DRP). Such challenge having been rejected by the DRP, the assessee filed an appeal before the Tribunal, which also rejected the assessee's claim. On the second question, which we are dealing with, the Tribunal was of the view that there was no occasion to reduce the operating costs from the total operating costs for the strike ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x (e) transactional net margin method, by which (i) xx xx xx (ii) the net profit margin realised by the enterprise or by an unrelated enterprise from a comparable uncontrolled transaction or a number of such transactions is computed having regard to the same base; (iii) the net profit margin referred to in subclause (i) arising in comparable uncontrolled transactions is adjusted to take into account the differences, if any, between the international transaction [or the specified domestic transaction] and the comparable uncontrolled transactions, or between the enterprises entering into such transactions, which could materially affect the amount of net profit margin in the open market:" As per the above quoted Rules, the net profit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
