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TMI Blog2019 (2) TMI 2067X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal by the assessee is directed against the final assessment order dated 18.09.2018 passed by the Assessing Officer (AO) u/s.143(3) r.w.s.144C(13) of the Income-tax Act, 1961 (hereinafter also called 'the Act') in relation to the assessment year 2014-15. 2. The first issue raised in this appeal is against the addition of Rs.13,74,20,445/- made by the AO on account of Transfer Pricing Adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Payment of fees for Advisory and other services" with transacted value of Rs.13,74,20,444/-. The assessee applied Transactional Net Margin Method (TNMM) as the most appropriate method for demonstrating this transaction to be at ALP. The TPO rejected such a method and applied the Comparable Uncontrolled Price (CUP) method for this international transaction. In this exercise, he determined NIL ALP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on given for the immediately preceding assessment year, for which there is a mention at page 53 of his order. The DRP, too, followed its own order for the immediately preceding assessment year, which aspect has been discussed at page 32 of the order in which the DRP has observed that "the facts are identical to the facts discussed by the DRP in A.Y. 2013-14 and, therefore, following the same, thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar to those of earlier years. Respectfully following the precedent, we setaside the impugned order and remit the matter to the file of AO/TPO for deciding this issue afresh in accordance with the directions given by the Tribunal in assessee's own case for the earlier assessment years. Needless to say, the assessee will be provided adequate opportunity of hearing in such fresh proceedings. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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