Iss Facility Services India Private ... vs Assistant Commissioner Of Income Tax ... on 1 April, 2022
3.9 As regards the international transaction of Payment of Global Client
Management Fee, it is also evident that TPO in subsequent assessment years
has partially accepted the assessee's submission of rendition of service by AE
and made ad-hoc adjustment without applying any prescribed method under
section 92C(1) of the Act. Further, it is also unrebutted that receipt of service
from AE has resulted in growth of assessee's business as the revenue and
profitability has increased over the years. The Revenue could not controvert
any of the facts nor could place any material on record to the contrary to
suggest that Revenue is aggrieved by part relief granted by the DRP. We are s
in agreement with the findings of co-ordinate bench of the Tribunal in case of M/s
Lintas India Pvt. Ltd. (supra), which in turn has followed the decision of Hon'ble
Jurisdictional High Court in the case of CIT v. Johnson & Johnson Ltd. in ITA No.
1030 of 2014. The relevant extract of the order in the case of M/s. Lintas India
Pvt. Ltd. reads as under: