9911796707
TMI Blog2021 (9) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... al submissions as advanced by the ld. AR before this Tribunal were not before the TPO and requires fresh examination in terms of the same - we deem it proper to remand the issue to the file of TPO for its fresh verification in terms of evidences filed before this Tribunal by way of paper book and determine the ALP of international transactions on account of trademark license fees. Thus, ground No. 1 raised by the assessee is allowed for statistical purposes. Treatment of subvention money - Revenue or capital receipt - assessee has been treating the subvention money received as income treating the same as revenue receipt - HELD THAT:- As the Hon'ble Supreme Court in the case of Siemens Public Communication Network (P.) Ltd. [ 2016 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity products, as well as solutions to problems in-sheet metal processing, laser-based production process, electronic applications and in hospital equipment. The headquarter of Trumpf Group is in Germany. 4. In the year under consideration, the assessee i.e. M/s. Trumpf (India) Pvt. Ltd. which is a company, provided sales and market support services for the goods sold to its AE in South Asian market. A notice u/s. 92CA(2) of the Act along with a detail questionnaire was issued to the assessee to file details/explanations with regard to the computation of arm's length price in relation to the said international transaction. The details of international transactions undertaken by the assessee is reflected at Para No. 5 of the TPO's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee by the AE enclosing but no request was made by the assessee for admission of copies of trademark agreement, invoices etc. as additional evidences. Having no application requesting the DRP to admit the said additional documents which were not filed before the TPO, the DRP did not consider or admit the said copies of agreement and invoices as additional evidences, being so, held no infirmity in the order of TPO in determining the ALP for payment of trademark license fees at Nil. 7. Now, before us, the ld. AR submits that it was explained clearly in DRP proceedings about payment for using trademark for the benefit of business which was used on letter heads, visiting cards etc. The ld. AR referred to Page No. 108 and submitted that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the TPO and requires fresh examination in terms of the same. Therefore, taking into consideration the facts and circumstances of the case and submissions of ld. AR and ld. DR, we deem it proper to remand the issue to the file of TPO for its fresh verification in terms of evidences filed before this Tribunal by way of paper book and determine the ALP of international transactions on account of trademark license fees. Thus, ground No. 1 raised by the assessee is allowed for statistical purpose. 8. Ground No. 2, It was submitted that the assessee has got relief in 154 proceedings, hence, the same is become infructuous requiring no adjudication. 9. Ground No. 3, the ld. AR submits that the assessee has no interest to prosecute gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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