TMI Blog2020 (1) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... e the CUP Method and remanded the case back to him for a fresh decision after hearing the parties - HELD THAT:- TPO has not been able to show that on fact the applicability of the CUP Method is more appropriate. Neither any reason is put forth to justify the departure from the TNMM being followed earlier nor there is any averment of change in circumstances from the previous years. In this view of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has claimed the following substantial question of law:- i. Whether, on the facts and in the circumstances of the case and in law, the Hon'ble ITAT was right in not appreciating the fact that CUP is most appropriate method for benchmarking of transaction of Royalty and Product development fee ? ii. Whether, on the facts and in the circumstances of the case and in law, the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact there was no good reason for the TPO to abandon the TNMM Method and invoke the CUP Method and remanded the case back to him for a fresh decision after hearing the parties. 3. Before us learned counsel has argued that the Tribunal could at best have set aside the assessment order and remanded the case back for fresh decision but it could not dictate what method to follow. 4. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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