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TMI Blog2022 (12) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... t appropriate method. In the present case also, it is not the case of the Department that there is difference in facts warranting a different view in the current assessment year regarding the selection of the most appropriate method for the purpose of benchmarking the international transactions. We are of the considered opinion that the AO/TPO/DRP was not justified in rejecting the Cost Plus Method adopted by the assessee for the purpose of benchmarking the international transactions in the absence of difference in the facts of the case. Therefore, we remand the matter to the file of the AO/TPO with a direction to compute the arm s length price of the international transactions by adopting the Cost Plus Method as the most appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Payment of Corporate Mark Fee TKAG 45,503,996 Comparable Uncontrolled Price ( CUP Method) 3. Receipt of Commission on Sales TKES GmbH 148,579 CUP Method 4. Provision of Payroll Services TK Steel Europe AG 98,717 CPM 5 Payment of Information Technology Service Contract Fee TKES GmbH 1,456,347 CPM 6 Payment of SAP Hosting Fee TKES GmbH 15,856,046 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 passed the order u/s 92CA(3) of the Act determined the arm s length price of the above international transactions adopting TNM Method as the most appropriate method and suggested the adjustments of Rs.56,24,38,069/-. Thereafter, the Assessing Officer passed the draft assessment order dated 24.02.2016 proposing the TP adjustment of Rs.56,24,38,069/-. 4. On receipt of the draft assessment order, the objections were filed before the Hon ble DRP stating that the Assessing Officer/TPO ought not to have rejected the Cost Plus Method selected by the assessee company as the most appropriate method for the purpose of benchmarking the international transactions relating to purchase of raw material and this method had been consistently applied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of benchmarking the international transactions. 8. On the other hand, ld. CIT-DR has no serious objection to remand the matter to the file of the Assessing Officer/TPO for benchmarking the international transactions adopting the Cost Plus Method as the most appropriate method. 9. We heard the rival submissions and perused the material on record. The appellant raised the preliminary issue which goes to the root of the matter that the lower authorities are not justified in rejecting the Cost Plus Method as the most appropriate method for purpose of benchmarking the international transactions relating to purchase of raw material and Cost Plus Method which had been accepted by the Department since the year 2002-03 as well as in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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