TMI Blog2023 (1) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... national transactions of the assessee, then why TNMM has been selected as most appropriate method was not explained by the assessee. Facts remains that when the assessee has adopted internal CUP method for assessment year 2012-13, the TPO has accepted claim of the assessee as claimed by the ld. Counsel for the assessee. Therefore, we are of the considered view that one more opportunity of hearing should be given to the assessee to justify its case with internal CUP method and thus, we set aside the issue to file of the AO/TPO and direct the TPO to re-consider the issue of TP adjustment, after giving one more opportunity of hearing to the assessee to justify its case that internal CUP method is most appropriate method. - ITA No.: 439/Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the DRP, Bangalore vide their order dated 28.12.2015 upheld TP adjustments proposed by the Assessing Officer. In pursuant to DRP directions, the AO has passed final assessment order u/s. 143(3) r.w.s. 144C(13) of the Act on 04.01.2016 and made addition towards TP adjustment and other corporate tax issues. Being aggrieved by the final assessment order, the assessee preferred an appeal before the Tribunal. 3. The Ld. AR for the assessee submitted that the appeal filed by the assessee on the issue of transfer pricing adjustment towards international transactions with its Associate Enterprise (AE) should go back to the file of the AO for fresh consideration, in view of subsequent developments as per which for assessment year 2012-13, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee with its AE and further, internal CUP method is suitable method to determine ALP of international transactions. We find that the assessee is in initial year of operations and has adopted TNMM as most appropriate method. However, in subsequent assessment years and from assessment year 2012-13 onwards, it has followed internal CUP method as most appropriate method and claims that TPO has accepted internal CUP method followed by the assessee. If internal CUP method is most appropriate method to be followed to determine ALP of international transactions of the assessee, then why TNMM has been selected as most appropriate method was not explained by the assessee. However, the facts remains that when the assessee has adopted internal C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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