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TMI Blog2020 (2) TMI 1704X X X X Extracts X X X X X X X X Extracts X X X X ..... ty to CSOL - HELD THAT:- It is clear from the above decision of the Tribunal [ 2018 (11) TMI 1762 - ITAT MUMBAI ] that the royalty payment of trademark used held within arm s length and does not call for any adjustment. There being no difference in the factual position in the impugned assessment year, therefore, respectfully following the order of the Tribunal on identical facts in assessee s own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Limited (in short, CSOL) and the transfer pricing adjustment made by the TPO on account of payment of trademark royalty to CSOL amounting to INR 10,74,54,000/-. 3. From the record, we found that this appeal was originally heard by the Bench on 16/4/2019 and decided vide order dated 04/07/2019 wherein this ground was restored back to the file of the TPO. Thereafter the assessee filed a Misc. a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the orders of the revenue authorities, we find that in so far as the payment of royalty on technical knowhow concerned, the assessee has been paying to its parent AE right from 1993, as, other group companies are paying across the globe. It has been accepted by the TPO that the payment does not effect the profitability of the assessee, if we are to examine the issue from that angle as well. In any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure, as discussed in detail by the CIT(A). .. 43. On the basis of the above observations, we are of the opinion that the royalty payment on trademark usage is within the arms length and does not call for any adjustment. Respectfully, following the above order and the order for subsequent AY. We decide the ground of appeal No. 1 in favour of the assessee. 5. It is clear fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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