2020 (2) TMI 1704

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....ri A. Mohan (DR) ORDER PER: R.C. SHARMA, A.M.  This is the appeal filed by the assessee against the order of the ld. CIT(A)-15, Mumbai dated 19/03/2014 for the A.Y. 2007-08 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short, the Act). 2. The only issue for determination is pertaining to payment of trademark royalty of Cadbury Schweppes Overseas Limited ....

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.... vide order dated 11/12/2019 for a limited purpose only to decide this issue. 4. We have considered the rival contentions and carefully gone through the orders of the authorities below and found that this Tribunal in assessee's own case for A.Y. 2006-07 in ITA No. 1512/Mum/2013 vide order dated 28/11/2018 considered this issue as under: "..... 39. On going through the records and the o....

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....ent on trademark usage, we find that the assessee, in fact is paying a lesser amount, if the payments are compared with the payments towards trademark usage, by the other group companies using the Brand Cadbury in other parts of the world. On the other hand, if we examine the argument taken by the TPO with regard to OECD guidelines. On this point the assessee "s payment is coming to a lesser figur....