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TMI Blog2022 (2) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the earlier finding of the TPO and subsequent finding of the TPO at paragraph No. 4.8 are contradictory. Even while examining the email he does not state that no services have been rendered but emails have been rejected stating that these are shareholders activity or duplicative in nature. CIT(A) examined the emails and gave categorical finding about the rendition of the services. This finding remains uncontroverted. Further, if the learned TPO was not satisfied with the contents of the email, he could have further probed the transaction with respect to various programme and its content. In view of this facts, we do not find any infirmity in the order of the learned CIT(A) in holding that the peculiar Intra group services are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rendered by the AE'?' 3. On the facts and circumstances of the case and in law, the CIT(A) erred in accepting the emails as sufficient proof for service provision by the AE, without appreciating that the assessee has not provided any new proof and the emails had been perused by the TPO giving specific finding that there was no service provision? 4. The appellant prays that the order of Ld. CIT(A) on the above grounds be set- aside and that of the assessing officer be restored. 03. The assessee has raised the following grounds in ITA No. 6780/Mum/2019:- Assessee s ground 1. On the facts and in the circumstances of the case and in law, the Learned Transfer Pricing Officer (TPO)/ the learned Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e for availing supports services of ₹2,20,57,886/- from its associated enterprises (in short AE) and services which are in nature of general management, strategic operations, legal, tax, HR and other services. This international transaction was required to be examined and therefore, same was referred to the Transfer Pricing Officer (in short TPO) for determining of Arm s Length Price. The learned TPO noted that the impugned support services have been connected with four different other international transactions , so aggregated, benchmarked by adopting Transactional Net Margin method [TNMM] as most appropriate method [ MAM]. It was stated that the same are at Arm s Length. 06. The learned Transfer Pricing Officer accepted the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is aggrieved with the order of the learned Assessing Officer preferred the appeal before the learned Commissioner of Income Tax (Appeals), who passed an order 31st August, 2019. He directed the learned Assessing Officer to accept the Transactional Net Margin Method (in short TNMM) and thereafter, to decide whether the TNMM selected as most appropriate method by the assessee requires any further adjustment or not. He perused the various email printouts and other documents. He also looked at submission before Ld TPO dated 13th January, 2016 which demonstrate about the nature of services and technical specification of services along with cost allocation. He held that the emails reveal the continuous exchange of information which proves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely shareholder services and duplicate in nature. 012. The learned Authorised Representative referred to the consequent order passed by the learned Assessing Officer pursuant to the order passed by the learned CIT(A) on 3rd January 2021, wherein he has granted the TP adjustment relief of ₹2,20,57,886/- to the assessee and accepted the return of income of ₹6,21,49,420/-. He also supported the order of the learned CIT(A), so far as the ALP determined by the TPO at ₹ nil was directed to be considered as to be benchmarked under TNMM method. He otherwise submitted that the assessee does not have any grievance, now, in view of the order dated 3rd January, 2021 of the learned Assessing Officer where the above TP adjustment co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that quantification of value of services is not possible considering uniqueness of programme content. He therefore held that the CUP method is not suitable in absence of information considering the nature of the services availed. He also held that the Transactional net Margin Method is the most appropriate method. No doubt, the ld CIT(A) does not have power under section 251 of the Act for remanding the matter / setting aside the order. In fact in this case, he used power under section 153 of the Act for verification of the details. He directed the Assessing Officer to examine ALP of the above transaction accepting the Transactional net Margin Method. On the basis of the direction of the ld CIT(A) the learned TPO examined the same and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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