9911796707
TMI Blog2022 (11) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... d as under: "1. On the facts and in the circumstances of the case and in law, the Learned Dispute Resolution Panel ('Ld. DRP'), the Learned Transfer Pricing Officer ('Ld. TPO') and the Learned AO (collectively referred as "the Revenue") erred in making an adjustment of Rs. 76,64,791 to the total income of the appellant on account of the alleged difference in the arm's length price ('ALP') of its international related party transactions under the provisions of Section 92CA(4) of the Act. 2 On the facts and in the circumstances of the case and in law, the Revenue erred in not appreciating that the pricing of such services including the mark-up paid thereof has been accepted by the Hon'ble ITAT and by the Revenue in the appellant's own ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mity in the analysis so conducted by the appellant. 3.3 Disregarding the corroborative internal Comparable Uncontrolled Price (CUP) analysis furnished by the appellant in relation to availing of supervision services. 3.4 Adopting a contradictory view with respect to availing of supervision services while accepting similarly priced services that the appellant provided to its AEs. 4 On the facts and in the circumstances of the case and in law, the Revenue have erred in not allowing the benefit of (+/-) 3% as provided in the proviso to Section 92C(2) of the Act, while determining the arm's length price of the international transactions of the appellant. 5 On the facts and in the circumstances of the case and in law, the Revenue hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sociated Enterprises (AEs). In lieu of the services availed by the assessee from its overseas AEs towards inspection of goods, supervision of commissioning, installation and erection of cement plant etc., the AE charges were fixed on cost plus certain markup of 4% basis. The Assessing Officer while making the assessment has disallowed the markup component while accepting the cost incurred by the AE. 3.1 In this factual background, the ld. counsel for the assessee submitted that similar services were availed with AEs right from Assessment Year 2007-08 upto Assessment Year 2017-18. Making reference to a tabular statement at page 16 of the paper book presented by way of synopsis to the Dispute Resolution Panel (DRP), it was pointed out that i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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