9911796707
TMI Blog2020 (2) TMI 1715X X X X Extracts X X X X X X X X Extracts X X X X ..... -12. There is no contrary order brought on record by the respondent-revenue in this regard. Therefore, we uphold the internal TNMM adopted by the assessee in determining ALP of its international transactions in purchase of raw material, components and finished goods. Accordingly, ground No. 2 raised by the assessee is allowed. Upward TP adjustment - international transaction in respect of payment made to AEs for corporate support services - HELD THAT:- As in assessee s own case for A.Y. 2010-11 [ 2019 (11) TMI 1190 - ITAT PUNE ] dealt the issue and decide the same in favour of assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-08 upheld the use of internal TNMM for demonstrating arm's length price of its international transactions pertaining to manufacturing segment. Further, it was submitted that the DRP for A.Y. 2011-12 upheld the applicability of internal TNMM but however the DRP upheld the action of TPO in rejecting the internal TNMM selected by the assessee as most appropriate method for determining ALP of its international transactions vide para 3.2.4. 5. Before us, the ld. AR submitted that the TPO accepted the ALP demonstrated by the assessee in respect of AE and Non-AE segments relating to trading segments. Further, the ITAT, Pune Benches in assessee's own case reported in (2015) 56 taxmann.com 135 for A.Y. 2007-08 held that the internal THMM is the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us year also and the contention raised by the assessee was not accepted therein and the value of services as received by the assessee was considered as Nil. As per the clauses to the agreement the cost of service is the cost and expenses actually incurred by ECICL in performance of the services, as demonstrated to participant. Merely allocation of the cost on the basis of turnover does not justify the event either of availing the services or the arm's length price of the transaction. The Taxpayer to establish that the payments were made commensurate to the volume and quality of services and such costs are comparable. Further, the AO held that the assessee has not submitted any details of the expenses incurred by the associated enterpris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78. We find the facts relating to the issue on hand for the year under consideration are identical, and there is no dispute in this regard. Having no contrary order against the findings of this Tribunal, we hold that the finding rendered by this Tribunal in assessee's own case for A.Ys. 2010-11 and 2011-12 is applicable to the issue raised in ground Nos. 5, 6 and 7. Thus, ground Nos. 5, 6 and 7 raised by the assessee are allowed. 10. In ground No. 8 of the appeal, the assessee has assailed charging of interest u/s. 234B and 234C of the Act. Charging of interest u/s. 234B and 234C is consequential and mandatory, hence, ground No. 8 raised in appeal by the assessee is dismissed being devoid of any merit. 11. In the result, the appeal of ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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