TMI Blog2019 (9) TMI 1679X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee s own case for the earlier as well as the subsequent year and hold that CPM is the most appropriate method for the determination of ALP in this case. In view of this conclusion reached by us, it is not necessary to consider the suitability of M/s Kerala Travels Interserve Ltd. Grounds of appeal of the assessee are allowed accordingly. Appeal of the assessee is allowed. - ITA No.6703/Del/2016 - - - Dated:- 2-9-2019 - SHRI PRAMOD KUMAR, VICE PRESIDENT SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER Assessee by : Mr. Satyajeet Goel, CA Revenue by : Mr. Sandeep KumarMishra, Sr. DR ORDER PER NARASIMHA K. CHARY, JM Aggrieved by the order dated 24/11/2016 passed under section 143(3) read with section 144C (13) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Service Private Limited who have been using the aircraft primarily for plying local non-AEs passengers. The assessee, however, on some occasions using it for flying passengers. 3. For the assessment year 2012-13, assessee filed its return of income on 18/9/2012 declaring a loss of Rs. 1,39,08,023/-and in view of the international transaction worth more than 15 crores, and by the assessee with its AE, determination of arm s-length price was referred to the ld Transfer Pricing Officer (TPO). Assessee had desegregated appropriately all flying between AE and non-AE passengers. Ld. TPO by order dated 29/1/2016 held that the TNMM is the most appropriate method rather than the CPM, since TNMM will be a method that will take into account all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... followed the rule of consistency and accepted the CPM as the most appropriate method. He prayed that since the business model of the assessee remained the same for this year also, a similar view may be taken for this year also.The submissions of the Ld. AR could not be controverted by the Revenue. 7. We have gone through the record in the light of the submissions made on either side. It is not the case of the Revenue that any change in the business model of the assessee had taken place between the assessment years 2010-11 and 2013-14. For assessment years 2010-11 and 2013-14 the Revenue accepted the CPM as the most appropriate method, whereas for the assessment year 2011-12 a coordinate Bench of this Tribunal in ITA No. 6722/Del/2015, by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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