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TMI Blog2021 (4) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... ent forums and will also lead to the uncertainty in the termination of litigation. So, when there are no distinguishing features and no change in the business model of the taxpayer, this issue is required to be remitted back to the TPO to decide afresh as to whether other method applied by the taxpayer to benchmark its international transactions qua manufacturing segment is the MAM afresh by providing an opportunity of being heard to the taxpayer.Grounds determined in favour of the taxpayer for statistical purposes. - ITA No. 7675/Del./2017 - - - Dated:- 1-4-2021 - SHRI R. K. PANDA , ACCOUNTANT MEMBER And SHRI KULDIP SINGH , JUDICIAL MEMBER ASSESSEE BY : SHRI VED JAIN, ADVOCATE SHRI ASHISH GOEL, CA REVENUE BY : SHRI SUR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into international transactions with its Associated Enterprises (AE) as under :- 1 Purchase of raw material 2 Purchase of finished goods 3 Payment of freight and insurance charges on purchase of finished goods and raw material 4 Receipt of commission 5 Purchase of fixed assets 6 Payment of license fee 7 Availing of management charges 8 Issue of equity shares 3. The taxpayer in its Transfer Pricing study in order to benchmark its international transactions qua manufacturing segment rejected Resale Price Method (RPM) and applied other method by considering gross margin of comparable companies with gross margin earned by it (taxpayer). Needless to say that the international transaction enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other method in the succeeding years which has been accepted by the TPO and to support its arguments brought on record copy of the orders passed by the TPO as well as ld. DRP for Assessment Years 2014-15, 2015-16, 2016-17 2017-18, available at pages 910 to 1126 of the paper book. This fact has not been controverted by the ld. DR for the Revenue who has rather relied upon the orders passed by the TPO as well as ld. DRP. 9. No doubt, it is settled principle of law that every year of assessment is to be examined separately and independently to frame the assessment but, at the same time, it is settled principle of law that when there is no material change in the facts and circumstances of the case, the rule of consistency has to be foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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