TMI Blog2019 (2) TMI 2067X X X X Extracts X X X X X X X X Extracts X X X X ..... ethod in preference to the CUP applied by the TPO. After giving certain directions, the matter has been sent back to the AO/TPO for deciding the issue accordingly. In reaching this conclusion, Tribunal relied on its own order for the A.Ys. 2009-10 and 2010-11 in which similar view was canvassed. Copies of all such orders of the Tribunal, right from the A.Ys. 2009-10 to 2013-14, have been placed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal by the assessee is directed against the final assessment order dated 18.09.2018 passed by the Assessing Officer (AO) u/s.143(3) r.w.s.144C(13) of the Income-tax Act, 1961 (hereinafter also called the Act ) in relation to the assessment year 2014-15. 2. The first issue raised in this appeal is against the addition of Rs.13,74,20,445/- made by the AO on account of Transfer Pricing Adjustment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of fees for Advisory and other services with transacted value of Rs.13,74,20,444/-. The assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method for demonstrating this transaction to be at ALP. The TPO rejected such a method and applied the Comparable Uncontrolled Price (CUP) method for this international transaction. In this exercise, he determined NIL ALP of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given for the immediately preceding assessment year, for which there is a mention at page 53 of his order. The DRP, too, followed its own order for the immediately preceding assessment year, which aspect has been discussed at page 32 of the order in which the DRP has observed that the facts are identical to the facts discussed by the DRP in A.Y. 2013-14 and, therefore, following the same, these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... milar to those of earlier years. Respectfully following the precedent, we setaside the impugned order and remit the matter to the file of AO/TPO for deciding this issue afresh in accordance with the directions given by the Tribunal in assessee s own case for the earlier assessment years. Needless to say, the assessee will be provided adequate opportunity of hearing in such fresh proceedings. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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