TMI Blog2017 (7) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the related and unrelated parties are on account of various factors. The efforts of research personnel in the case of related parties based on time spent was approximately 20% lower than that of unrelated parties. The sales trading efforts for related parties was 20% of the efforts required for unrelated parties since no sales persons were dedicated towards building and fostering clients relationship. The additional cost incurred in transaction with unrelated parties vis-a-vis related parties was accepted inter alia difference in brokerage charged to related and unrelated parties. The findings arrived at by the CIT(A) on appreciation of facts and record, are the findings of fact which the Tribunal has also accepted. The said concurre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Transfer Pricing Officer making addition of ₹ 74,79,266/. The Commissioner of Income Tax (Appeals) [CIT(A)] on erroneous premise, substituted its own view. According to the learned Counsel, though the Commissioner accepted that the Transaction Net Margin Method (TNMM) as was suggested by the assessee was not an appropriate method and CUP method, which is accepted by the TPO and the AO, is correct one. However, committed an error making T.P. adjustment. The reasoning given by the Assessing Officer is plausible one and based on reasons. There are two primary types of settlement mechanism i.e. Delivery Verses Payment (DVP) and Direct Custodian Settlement (DCS). The Assessing Officer has considered that the reasoning given b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t which is made by the Assessing Officer is improper and gave reasons for adjustment to be made. The CIT(A) was dealing with the facts. The Assessing Officer had accepted that there are differences. The Assessing Officer had made the adjustment. The difference in functions and risk have been considered by the CIT(A) inter alia the Tribunal and thereby have arrived at the conclusion, though the case of the petitioner of TNMM being appropriate method, has been negatived. 6. We have considered the submissions canvassed by the learned Counsel for the respective parties. The present appeal can only be entertained on substantial question of law. The CIT(A) and the Tribunal have concurrently accepted the case that there are difference in functi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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