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TMI Blog2019 (5) TMI 1525X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court. - ITA 531/2019 - - - Dated:- 22-5-2019 - S. MURALIDHAR AND I.S. MEHTA JJ. Appellant Through: Mr. Zoheb Hossain, Advocate Respondent Through: Mr. Kamal Sawhney with Mr. Prashant Meharchandani Mr. Divyansh Singh, Advocates O R D E R Cav 557/2019 1. Since the caveator has appeared, the caveat stands discharged. CM Appl.No 24639/2019 (Exemption) 2. Exemption allowed, subject to all just exceptions. CM No. 24638/2019 (delay in re-filing) 3. For the reasons stated in the application, the delay of 148 days in re-filing the appeal is condoned. The application is disposed of. ITA No. 531/2019 CM Appl.No. 24637/2019 (for d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the said order was affirmed by this Court by dismissing the Revenue s appeal on account of delay. It is further pointed out that the ITAT has followed its own order for the above AYs 2006-2007 and 2007-2008 in the subsequent AYs including AY 2011-2012. 9. The order of the ITAT for AY 2011-2012 was challenged by the Revenue in this Court by filing ITA No.1033/2017. On the aspect of the Arm s Length Price (ALP) of the international transaction involving the Assessee, this Court in its order dated 10th April, 2018 declined to frame any question of law. 10. Subsequently, in the said appeal ITA No. 1033/2017 an application, being CM No.16423/2018, was filed by the Assessee to point out to the Court that its case was differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed towards recovering its cost and earning a reasonable mark-up in line with its functions performed. It was further noted by the ITAT as under: The procurement service provider work on various models including the percentage of value of goods procured and the cost plus mark-up model depending upon the set of facts. iv. In percentage model the procurement service provider is remunerated only in the event of goods procured by the procurer; if the goods are not procured then the service provider will incur loss to the tune of costs incurred in the process and notional loss on account of time spent by the service provider which it would have spent on other profit generating activity. Accordingly, percentage model ..... X X X X Extracts X X X X X X X X Extracts X X X X
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