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TMI Blog2017 (5) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... al transactions and AO/TPO was directed to adopt CUP method for the medical transcription services and TNMM for the software development services- Since the Co-ordinate Bench has already come to a conclusion on the issue agitated by assessee, respectfully following the same, we direct the AO/TPO to re-do the exercise afresh giving due opportunity to assessee and determine the ALP accordingly, as directed in AY. 2011-12 - appeal allowed by way of remand. - I.T.A. No. 1716/HYD/2016 - - - Dated:- 28-4-2017 - SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER For The Assessee : Shri S. Raghunathan, AR For The Revenue : Shri P. Chandra Sekhar, CIT-DR ORDER PER B. RAMAKOTAIAH, A.M. : This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year also can be set aside to the file of the AO/TPO to re-do the exercise. 4. Ld.CIT-DR, however, tried to distinguish the order in earlier year in assessee own case stating that the Bench has relied on the decision of ACIT Vs. M/s. Ckar Systems (P) Ltd, wherein, the rate charged is per line of transcription , whereas in assessee s case, assessee is remunerated on cost plus basis. Therefore, the fact position being different, ITAT should not have relied on the decision of ACIT Vs. M/s. Ckar Systems (P) Ltd., and requested for re-examination of the issue. 5. We have considered the rival contentions and perused the order. There is no factual difference between earlier year and this year. While appreciating the concern of Ld.CIT-DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 565/Hyd/2011 (AY. 2005-06) in the case of ACIT Vs. M/s. Ckar Systems (P) Ltd., dt. 19-10-2012 has accepted the CIT(A) s order that CUP method is only the appropriate method and dismissed the Revenue s appeal, which in turn was upheld by the Hon'ble High Court of Andhra Pradesh and Telangana in ITTA No. 731 of 2014 dt.31-12-2014. Assessee has submitted comparability with that of M/s. Ckar Systems (P) Ltd., ( Ckar India ) as under: 4.1. In view of that, it was submitted that the TPO may be directed to adopt CUP method for its medical transcription business. It is also fairly admitted that assessee has no objection for adopting TNMM for the software development work and however, it was fairly submitted that AO/TPO ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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