2020 (1) TMI 1374

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....The only grievances pressed before us, as raised in second ground of appeal, as as follows:- 2. Enhancing the ratio of commercial linehaul charges to total linehaul charges CCLC to TLC ratio') 2.1. On the facts and in the circumstances of the case and in law, the learned AO and the Hon'ble DRP have erred in enhancing the CLC to TLC ratio from 4.00 percent to 7.50 percent, based on the mutual agreement proceedings for AY 2008-09 on an arbitrary basis, without considering the facts and circumstances of the Appellant's case. 2.2. On the facts and in the circumstances of the case and in law, the learned AO and the Hon'ble DRP have erred by not considering the actual CLC to TLC ratio. 2.3. Without prejudice to above, based on....

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....-08 & 2008-09. The terms, conditions, business environment and circumstances, economic trend etc; prevailing at that time were different. Thus the MAP proceedings were completed on" the basis of all these conditions. Further the percentage of profit margins are decided on the basis of the expenditure allowable. Under the present scenario all these parameters are not available and nor have they been furnished by the assessee. Accordingly, the plea of the assessee is not found tenable. Accordingly, Ratio of Commercial Linehaul to Total Linehaul is estimated and enhanced to 10% and the profitability on the same is estimated as per their global profitability ratio which is 4.07% of such revenue. Subject to the above remarks the taxability is wo....