2017 (12) TMI 1785

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....: Mr. Rahul Chaudhary, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel. ORDER Admit. Issue notice. Mr. Rahul Chaudhary, Advocate accepts notice on behalf of revenue. The question of law urged is with respect to the applicability of the other method for bench marking international transactions under Section 92C for which the assessee claimed applicability of Rule 10B (brought i....

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....nsactions that were not covered by the other method, the assessee used the TNMM - this much is evident from the transfer pricing report relied upon during the course of the assessments. The AO rejected the use of the other methods in totality and proceeded to apply the TNMM method. The Disputes Resolution Panel ("DRP") sought the remand in the first instance and thereafter even proceeded to reject....

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....urden on the assessee to prove that the transaction stated by it to be "closely interlinked‟ in the earlier years are not so in this year and reasons for the changes in approach of the assessee to benchmark those transaction on "Transaction by transaction‟ basis. On reading of the TP study report we did not find any reasons stated therein for the change in the approach of the assessee ....