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TMI Blog2020 (12) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... rly spelt in the order. Secondly, if the Tribunal directs the Revenue Authorities for adopting any one of the methods as prescribed under Rule 10B of the IT Rules, the reasons therefor have to be clearly spelt by the learned Tribunal in its order. Perusal of para 5 of the order giving alleged reasons by the learned Tribunal leaves more confusion than clarity. We are also satisfied that the learned Tribunal has not dealt with all the grounds of Appeal raised by the Assessee in a proper perspective and after detailed discussion a cogent findings have not been returned by the learned Tribunal insofar as the method of determining the Arms Length Price is concerned. Matter restored back to the ITAT. - Tax Case (Appeal) Nos.725 & 726 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of TNMM by TPO/DRP and (iii) wrongful computation of berry ratio by considering other income as non-operating income? iv) Whether the impugned order of the ITAT is untenable in the eyes of law as it failed to consider, adjudicate and give finding on the additional evidence submitted by the Appellant before the ITAT on fresh search of comparable companies using RPM and corrected gross profit margins? v) Whether the impugned order of the ITAT is untenable in the eyes of law as it ignored the principle of consistency by ignoring the position of law settled in Appellant s own case in prior years? 3. The main emphasis of the argument of the learned counsel for the Assessee Mr.Himanshu Sinha is that the learned Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is a trader in UPS system and accessories and also providing sales after services. There is no dispute that the assessee has not made any value addition to the UPS goods procured from its A.E. The UPS were sold in Indian market as it is procured from the AE. The TPO has accepted the TP study that Resale Price Method (RPM) is one of the accepted methods out of five methods in Transfer Pricing (TP). Even after suggesting that one, he is not ready to accept that method. The Resale Price Method (RPM) is a method to compare the gross profit of the assessee with the gross profit of the comparable companies and to compute the ALP. The RPM begins with the price at which a product that has been purchased from A.E as resold to an independent ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is not acceptable to the Revenue Authorities, cogent reasons have to be clearly spelt in the order. Secondly, if the Tribunal directs the Revenue Authorities for adopting any one of the methods as prescribed under Rule 10B of the IT Rules, the reasons therefor have to be clearly spelt by the learned Tribunal in its order. 6. A perusal of para 5 of the order giving alleged reasons by the learned Tribunal leaves more confusion than clarity. We are also satisfied that the learned Tribunal has not dealt with all the grounds of Appeal raised by the Assessee in a proper perspective and after detailed discussion a cogent findings have not been returned by the learned Tribunal insofar as the method of determining the Arms Length Price is conc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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