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TMI Blog2015 (2) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... iated entities and there are sales effected to unrelated parties without any further processing, then, this method can be adopted. The findings of fact are based on the materials which have been produced before the Commissioner as also the Tribunal. Further, it was highlighted before the Commissioner as also the Tribunal that the RPM has been accepted by the TPO in the preceding as well as succeeding assessment years. That is in respect of distribution segment activity of the Assessee. In such circumstances, and when no distinguishing features were noted by the Tribunal, it did not commit any error in allowing the Assessee's Appeal. - Decided in favour of assessee. - INCOME TAX APPEAL NO.1046 OF 2012 - - - Dated:- 7-11-2014 - S.C. DH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Income Tax had seriously erred in holding that the Resale Price Method (RPM) was the most appropriate method for determining the arms length price of the Assessee's international transaction in respect of import of finished goods. 4] Mr. Pinto, submits that the Transfer Pricing Officer was justified in holding that this would not be the appropriate method because the value of the goods originally transferred to the Assessee and the contribution of the value of the final product cannot be evaluated thereby making the RPM as the applicable method. The Tribunal should have noted that the department had pointed out that the Assessee has business in two segments, namely, manufacturing and distribution. The Transfer Pricing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an order passed by this Court in the case of this Assessee in Income Tax Appeal No.2320 of 2011 decided on 22nd March, 2013. 7] After having perused the relevant part of the order passed by the Commissioner and the Tribunal on this question, we are in agreement with Mr. Pardiwalla that the Tribunal did not commit any error of law apparent on the face of the record nor can the findings can be said to be perverse. The Tribunal has found that the TPO has passed an order earlier accepting this method. The Tribunal has noted in para 19 of the order under challenge that this method is one of the standard method and the OECD (Organization of Economic Commercial Development) guidelines also state in case of distribution or marketing activities w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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