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TMI Blog2016 (9) TMI 1453X X X X Extracts X X X X X X X X Extracts X X X X ..... decision. To that extent, the order of the Tribunal stands corrected and modified. - Miscellaneous Petition No.93/Mds/2016 in I .T.A.No.2353/Mds/2012) - - - Dated:- 6-9-2016 - SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER Applicant by : Mr. R.Vijayaraghavan, Advocate Respondent by : Mr. Shiva Srinivas, JCIT O R D E R Per A. Mohan Alankamony, AM: The Miscellaneous Petition is filed by the assessee praying for rectification of mistake in the order of the Tribunal in ITA No.2353/Mds/2012 dated 22.04.2016 in regard to brand promotion expenses, advertisement / marketing promotion (AMP) expenses and royalty payment. 2. Brand Promotion:- The assessee in its written submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of the assessee and the decision of the Special Bench and held that the BLT method would be best method to determine the arm s length price in the case of the assessee. Accordingly, the matter was remitted back to the file of the learned TPO. If the issue has already been decided by the learned DRP in the manner adjudicated by the Tribunal, then it would not be necessary to reconsider the same. However, since the Bench was not aware that such test has already applied by the learned DRP; the issue was remitted back to the file of the learned TPO. Therefore, there is no harm for the learned TPO to examine these aspects and decide the matter in accordance with the ratio laid down by the Tribunal. Hence, we do not find that there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned Authorized Representative argued on this issue drawing strength from the earlier decision of the Bench of the Tribunal for the preceding assessment year wherein there was a categorical finding by the learned TPO that the average rate of royalty payment in the industry was 4.7%.However, in the present case before us no arguments was advanced for justifying the stand of the assessee that during the relevant assessment year also the average rate of royalty on sales in the industry is more than 3.47%. In this situation, we do not find it necessary to interfere with the orders of the Revenue who had made elaborate finding in their respective orders that the average rate of royalty on sales prevalent during the relevant assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40.0 11.7 7.5 Mach.Tools 84 0.5 26 5.2 4.6 Pharma/Bio 328 0.1 40.0 7.0 5.1 Software 119 0.0 70.0 10.5 6.8 6. It is submitted by the learned Authorized Representative that for the relevant assessment year also the average rate of royalty in the industry is 4.7% which is higher than the appellant s average rate of royalty payment of 3.6%. Therefore there is a apparent mistake in the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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