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TMI Blog2020 (10) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices rendered. We hold and direct accordingly. Since this issue is decided in favour of the assessee. Non-grant of mat credit under section 115JAA and short grant of tax deducted at source - As we deem it proper to restore this issue to the file of the AO with a direction to verify the record and give proper credit in respect of the same. Needless to say, AO shall give due opportunity of being heard to the assessee and decide the issue as per fact and law. We hold and direct accordingly. Grounds raised by the assessee are allowed for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... o apply TNMM as the most appropriate method and finally learned TPO selected 10 comparables whose average margin was 16.54% as against 2.17% of the assessee and computed the proportionate adjustment for the international transaction of the assessee at Rs. 4, 22, 58, 831/-under section 92CA of the Act. 3. The DRP noticing the method applied by the Ld. Transfer Pricing Officer for the assessment years 2009-10 to 2013-14 as a TNMM, and also that the taxpayer has not furnished the electricity details regarding the provision of services to its AEs when compared with the services rendered to 3rd parties, upheld the TPO's approach of rejecting the CUP method as most appropriate method and upheld the TNMM method applied by the AO. The DRP furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hile deciding the issue in the earlier years and since there is no change in the facts or law the consistent view taken by the Tribunal for the assessment years 2011-12 and 2013-14 may be followed. 7. We have considered the rival arguments made by both the sides, perused the orders of the authorities below and the paper book filed on behalf of the assessee. We have also gone through the decision of the Tribunal in assessee's own case for the assessment years 2011-12 and 2013-14. We find, the Tribunal, vide ITA No.1710/Del/2016, order dated 11th March, 2019, and ITA No. 7826/del/2017 by order dated 11/9/2020 has thoroughly discussed the issue in question and held that CUP is the most appropriate method in the instant case. Relevant obse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the nature of services provided by the assessee, we do not find the geographical locations relevant because the consulting services provided by the assessee would remain the same whether the service receiver is located in 'X' country or 'Y' country as long as service provider is in India. Our view is fortified by the fact that the price charged to non AEs, [irrespective of geographical location] is comparable to the price that is charged to Indian entities. Moreover, rate per hour for consultant, once decided, does not change irrespective of country and whether it is related or unrelated entity. 22. As mentioned elsewhere, risk and responsibility to the client is direct in Indian non AEs and for AEs the overall responsib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es rendered. We hold and direct accordingly. Since this issue is decided in favour of the assessee, the other grounds relating to the transfer pricing issue become academic in nature and need no adjudication. 9. Insofar as the non-grant of mat credit under section 115 JAA of the Act and short grant of tax deducted at source covered by grounds No. 10 and 11, we deem it proper to restore this issue to the file of the learned Assessing Officer with a direction to verify the record and give proper credit in respect of the same. Needless to say, the learned Assessing Officer shall give due opportunity of being heard to the assessee and decide the issue as per fact and law. We hold and direct accordingly. Grounds No. 10 and 11 raised by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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