2024 (12) TMI 646

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.... VASHISTH For the Appellant/Revenue: Mr. Varin Issar, Senior Standing Counsel ORDER SANJEEV PRAKASH SHARMA, J (ORAL) 1. Present appeal has been filed by the Revenue against the order passed by the ITAT (for short 'the Tribunal') dated 11.09.2023, assailing that the Tribunal has erred in upholding the CUP method followed by the assessee, and submits that the TNMM was the most appropriat....

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.... in relation to the said aspect:- "9. The Id. DR argued that based on the assessee's non- submission of documents/details, the TPO has made upward adjustments by rejecting the assessee's CUP method and adopted TNMM. The Id. DR argued that in earlier year, the assessee had established its case by submission of the invoices to AEs as well as non-AEs of the services rendered (as ment....

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....aphical location" while rejecting the CUP undertaken by the assessee however, these facts are of no relevance as long as the amount/rate charges for hours incurred by an individual for a project is uniform and the services were provided to its AE as well as to third party by same employee located in India. Reliance is being placed on the judgment of Hon'ble Supreme Court in the case of CIT, De....