TMI Blog2017 (3) TMI 1639X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee company's transaction, it covers within its ambit the royalty transactions in question too and hence the Department's contention for applying the CUP method is erroneous. The ratio of which was correctly applied, no substantial question of law arises. On the first issue, i.e. management fees, the matter stands remitted by the ITAT. The appeal is accordingly dismissed with the pending appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment provided by the Associated Enterprises (AE). The DRP in its order, it is emphasized, had noticed that even though the AE had presence in 120 locations with 15 sales operations spread across the world, it chose to allocate treatment royalties only to 10 countries and their subsidiaries/enterprises located there. The DRP cited prominently that the enterprise in China was not loaded with such co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heard the rival parties at length and carefully perused the material on record. As far as the issue of royalty is concerned, we find that the assessee had filed in the course of the TPO, assessment as well as before the DRP, detailed submissions regarding agreement between AE and the assessee, justifying how the technical know-how supplied by its AE was crucial to the running of its business. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Department's reliance on the Hon'ble Delhi High Court's judgment in Abhinandan Investments (supra) and on the decision of the co-ordinate I Bench of the Delhi Tribunal in the case of Bombardier Transportation India Pvt. Ltd. is concerned, these judgments were rendered on a different set of facts and hence the ratio as laid down by these are not applicable to the facts of the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X
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