TMI Blog2023 (9) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... unt/rate charges for hours incurred by an individual for a project is uniform and the services were provided to its AE as well as to third party by same employee located in India. Reliance is being placed on the judgment of Hon ble Supreme Court in the case of CIT, Delhi-II Vs. Cargill Foods India Ltd. [ 2016 (11) TMI 1567 - SUPREME COURT] - Since, the appeal of the assessee is decided in favour of the assessee, the Stay Application of the assessee is infructuous and hence dismissed. - Sh. Kul Bharat, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. Nageswar Rao, Adv. For the Revenue : Sh. Rajesh Kumar, CIT DR ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: The present appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural justice. 6. The learned AO/TPO and Hon'ble DRP have erred in not accepting the economic analysis undertaken by the Appellant in accordance with provisions of the Act read with Income Tax Rules, 1962 ( the Rules ) and modifying the same for determination of arm's length price ( ALP ) of the subject transaction to hold that the same is not at arm's length. 7. The learned AO/TPO and Hon'ble DRP have erred in law and on facts and circumstances of the case by arbitrarily rejecting other method selected by the Appellant in its TP documentation and not following the order of the jurisdictional Delhi Tribunal in Appellant's own case for AY 2011-12, AY 2013-14 and AY 2014- 15, which is binding on the learned TPO in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passing the order giving effect to Hon'ble DRP's directions, the learned TPO rejected the contentions of the Appellant and inadvertently erred in not considering the order passed under section 92CA(3) of the Act wherein the learned TPO accepted the contentions of the Appellant. 12. The learned AO has erred in levying consequential interest under Section 234B of the Act of INR 1,31,22,594 as against interest of INR 8,32,398 computed in the return of income. 13. The learned AO has erred in levying interest under Section 234C of the Act of INR 7,31,887 as against interest of INR 7,00,594 computed in the return of income 14 That on the facts and circumstances of the case and in law, the Learned AO has erred in initiating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-4(1), Gurgaon addressed to PCIT, Gurgaon that the appeal for the A.Y. 2011-12 is not recommended owing to low tax effect. The ld. DR contended that CUP is not acceptable as the most appropriate method and TNMM should be treated as the MAM. 7. With regard to the similar issue in A.Y. 2018-19 which is before us, we find that the ld. DRP concurred with the order of the ITAT in the case of the assessee for the A.Y. 2011-12, A.Y. 2013-14 and A.Y. 2014-15 and held that the order is binding on the TPO in the same factual matrix. The ld. DR submitted that the facts of the instant year are totally different from the earlier years and even acceptance or non-acceptance of the earlier years ITAT s orders did not have any effect on the facts of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated in the same geographical location while rejecting the CUP undertaken by the assessee however, these facts are of no relevance as long as the amount/rate charges for hours incurred by an individual for a project is uniform and the services were provided to its AE as well as to third party by same employee located in India. Reliance is being placed on the judgment of Hon ble Supreme Court in the case of CIT, Delhi-II Vs. Cargill Foods India Ltd. in CC No. 19007/2016 dated 19.02.2016. 11. Since, the appeal of the assessee is decided in favour of the assessee, the Stay Application of the assessee is infructuous and hence dismissed. At the same time, we would like to keep on record that vide order sheet entry dated 20.01.2023 the reve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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