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This is an appeal filed by the Assessee against the order of the Ld. AO, NFAC, Delhi passed under section 143(3) r.w.s 144C(13) and 144B of the Act, dt. 28/10/2021 pertaining to assessment year 2017-18.

2. In the present appeal, the assessee has raised the following grounds of appeal:

"1. As per the facts and circumstances of the case and as per the provisions of law, the Dispute Resolution Panel has erred in its directions, and the assessing officer/transfer pricing officer has erred in rejecting the benchmarking analysis of the assessee and applying the profit split method as the most appropriate method. The benchmarking done by the assessee being most appropriate under the fact be accepted.

4.3 It was submitted that the assessee thereafter carried the matter in appeal before the DRP against the draft assessment order passed under section 143(3) r.w.s 144C of the Act proposing the adjustment so done by the TPO and the DRP upheld the order of the TPO and the relevant findings are contained in para (vii) page 6 which read as under:

"vii) The DRP has considered the matter. The assessee has failed to benchmark the inter-unit transactions, Unit V which is engaged in machining job for Unit-Il for which no comparable are available. The assessee. has purely on estimate basis considered 35% to 38% of the product price as the appropriate value for the work done by Unit-V. There is no basis what so ever for this estimate. The assessee has failed to provide any uncontrolled comparable case. It was noted by the Ld. TPO in the case of assessee that the assessee has not done any benchmarking for Unit V The profits of the assessee at enterprise level are available which are not affected by any inter-company transactions. The details of inter unit transactions are on record. Considering these facts the Ld. TPO applied profit split method by dividing profits in the ratio of contribution made by each unit in the form of cost incurred by them. On the basis of information available, profit split method applied by the Ld. TPO is the appropriate method. The assessee has argued that no deduction u/s 80IC was claimed and no further adjustment is required in the computation of total income. For claim of deduction u/s 80-IC of the Income Tax Act, the assessee is required to fulfill certain conditions. Claim or no claim of deduction u/s 80-IC is irrelevant for benchmarking of inter-unit transactions. The DRP upholds the benchmarking done by the ld TPO and the objections of the assessee are rejected."