2015 (4) TMI 1356

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndent : Shri Judy James, Standing Counsel DR ORDER PER GEORGE GEORGE K., JM : This appeal, at the instance of the assessee, is directed against the final assessment order passed u/s 143(3) read with section 144C of the Income-tax Act, 1961 (order dated 08.01.2014). The relevant assessment year is 2009-10. 2. First ground is against the addition towards the transfer pricing adjustment a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e ALP of this international transaction at 'Nil'. As regards the international transaction of payment of royalty, the TPO accepted the payment of royalty at arm's length price in respect of domestic sales and export sales made to non- AEs. However, he disputed the payment of royalty on exports made to AEs. In doing so, the TPO held the assessee to be a `Contract manufacturer'. Accordingly, he opin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....referred AY 2008-09 in which the question of determination of ALP in respect of Export commission has been restored to the file of AO/TPO with certain directions and the payment of royalty for exports to AE has been accepted at arm's length price. No distinguishing feature has been brought to our notice in the facts of the instant year vis-à-vis those of the above referred AY 2008-09. We ad....