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TMI Blog2017 (12) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer with similar directions as above by the Tribunal in asssessee’s appeal for assessment year 2009-10. We further find forces in the submission of ld. DR that before deciding the issues raised in appeals under consideration, it would be relevant to ascertain the nature of international transactions that have been carried out during assessment years 2005-06 to 2007-08. If they are of similar nature, the same can be decided afresh in line with the terms and conditions of APA. - ITA Nos. 2253 to 2255/PUN/2014 - - - Dated:- 15-12-2017 - Shri D. Karunakara Rao And Shri Vikas Awasthy, JJ. Assessee by : Shri Saubhagya Agarwal Shri Darpan Kirpalani Revenue by : Shri Rajeev Kumar, CIT. ORDER Vikas Awasthy, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assessment years under consideration are identical to the assessment years which are part of APA proceedings. Therefore, TP adjustment, if any, required to be made, shall be in same terms as has been agreed by assessee in APA proceedings. The ld. AR placed on record copy of Advance Pricing Agreement u/s. 92CC of the Act. 2.2 The ld. AR further submitted that the Co-ordinate Bench of the Tribunal in assessee s own appeal in ITA No.139/PN/2014 for assessment year 2009-10 after taking into consideration APA remitted the issue back to the file of Transfer Pricing Officer (TPO) to decide the issue afresh in accordance with terms and conditions of APA. 3. Shri Rajeev Kumar representing the Department admitted that similar issue had come u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbursement of Expenses (Hotel Expenses, Exhibition Expenses) Total 1,94,54,590/- 7,31,09,980/- 1,29,15,445/- 63,332/- 10,55,43,347/- 2007-08 1.Purhcase of RM Components 2. Purchase of traded goods 3.Sale of finished goods 4. Reimbursement of expenses (Purchase of Tools and Video Conferencing System) Total 6,25,25,045/- 17,00,138/- 12,45,46,395/- 8,51,316/- 18,96,22,894/- The assessee applied Cost Plus Method (CPM) as most appropriate method to benchmark its transactions. However, the same was rejected by TPO. The TPO computed Arm Length Prices (ALP) with AE by adopting CPM with internal comparables. The TPO further held that CUP is the mos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt (APA) with CBDT covering nine years from assessment years 2010-11 to 2013-14 under roll back provisions and from assessment years 2014-15 to 2018-19 being the balance APA period, similar proposition should be applied to the year under consideration also as the international transactions entered into by the assessee with its associate enterprises in the instant assessment year are identical to the international transactions which were part of APA proceedings. The DCIT(TP) 1(1), Pune has submitted a report dated 13.07.2016, in which it has been stated that the international transactions during the assessment year 2009-10 were similar to the international transactions entered during assessment years 2010-11 to 2015-16. In view thereof, wher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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