TMI Blog2018 (8) TMI 2046X X X X Extracts X X X X X X X X Extracts X X X X ..... 014 (8) TMI 1153 - ITAT BANGALORE] Determining the ALP under TNMM - HELD THAT:- Tribunal was of the view that in the fitness of things and in the facts and circumstances of the case where the comparable companies are also trading in spares and components then it would be appropriate to combine the trading and manufacturing segments for computing the ALP. A similar view was taken by the Tribunal after having a detailed discussion on the issue for the Assessment Year 2007-08 [ 2018 (7) TMI 1848 - KARNATAKA HIGH COURT ]. Substantial question of law - Unless an ex-facie perversity in the findings of the learned Income Tax Appellate Tribunal is established by the appellant, the appeal at the instance of an assessee or the Revenue unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the a TPO finding with regard to treating the Trading and Manufacturing segments separately by following its earlier orders which has not reached finality.? 3.The learned Tribunal, after discussing the rival contentions of both the Appellants-Revenue and Respondent-Assessee, has returned the findings as under: Regarding Substantial Question of Law No.1: 7. We have considered the rival submissions as well as the relevant material on record. We find that the assessee has paid the royalty to its AE under the technical assistance agreement for various vehicles which are assembled/manufactured by the assesee by using the design, technology and specifications provided by its parent company Toyota Motors Corporation, Japan and other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dt.27.11.2012 reported in 28 taxman.com 293 as held in para 14.5.2 as under: xxxxxxxxxxx Thus it is clear that the Tribunal was of the view that in the fitness of things and in the facts and circumstances of the case where the comparable companies are also trading in spares and components then it would be appropriate to combine the trading and manufacturing segments for computing the ALP. A similar view was taken by the Tribunal after having a detailed discussion on the issue for the Assessment Year 2007-08 reported in 33 ITR (Trib.) 700 and concluded in para 46 as under: xxxxxxxxx Again for the Assessment Year 2008-09 in assessee s own case vide order dt.14.08.2014, the Tribunal has taken the same view. Following the earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hifting (BEPS), Transfer of Shares in Tax Havens (like in the case of Vodafone etc.), if based on relevant facts, such substantial questions of law could be raised before the High Court under Section 260-A of the Act, the Courts could have embarked upon such exercise of framing and answering such substantial question of law. On the other hand, the appeals of the present tenor as to whether the comparables have been rightly picked up or not, Filters for arriving at the correct list of comparables have been rightly applied or not, do not in our considered opinion, give rise to any substantial question of law. 56. We are therefore of the considered opinion that the present appeals filed by the Revenue do not give rise to any substantial que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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