TMI Blog2019 (8) TMI 1810X X X X Extracts X X X X X X X X Extracts X X X X ..... r this assessment year. While respectfully following the consistent view taken by the Tribunal in assessee s own case for the Assessment Years 2006-07 to 2009-10, we hold that the impugned addition cannot be sustained and there was no illegality or irregularity in the findings of the Ld. CIT(A). We, therefore, while upholding the findings of the Ld. CIT(A) find the appeal of Revenue as devoid of merits and accordingly dismissed the same. - ITA No. 31/Del/2017 - - - Dated:- 30-8-2019 - Shri Pramod Kumar, Vice President And Shri K. Narasimha Chary, Judicial Member For the Appellant : Shri Sandeep Kumar Mishra, Sr. Dr. For the Respondent : Shri Atul Jain, CA. ORDER PER K. NARASIMHA CHARY, J.M. Aggrieved by the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the said addition, assessee preferred an appeal and by way of the impugned order, Ld. CIT(A) directed the Ld. TPO/learned Assessing Officer to treat the royalty payment at arm s length and not to make any upward adjustment on account of royalty payment. 6. Challenging the said deletion of the addition, Revenue is in appeal before us. It is the argument of the Ld. DR that the Ld. CIT(A) committed error in deleting the adjustment on account of expatriate cost holding that there was no meaningful analysis/e vidence produced by TPO to hold that the entire royalty payment should be reduced to zero and consequently deleting the addition of ₹ 13,74,48,935/-made on this point. 7. Ld. AR submitted that while deleting the impugned ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that the third party will not make any payment for brandon technical know-how as provided by the AE to the assessee. Ld. CIT(A) further found that the assessee is getting designs and sketches, measurement specification, advertising and sales promotion materials, store MBS specification, package information as part of the royalty agreement and therefore, it is not a case where the assessee was not deriving any be nefit by use of royalty payment on a net sale. 9. Apart from this, Ld. CIT(A) referred to the decision of the Tribunal on the same issue under identical set of circumstances for the Assessment Year 2006-07 where the benchmarking of the royalty was held at arm s length by not approving the TNMM analysis by bunching all the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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