The Commissioner Of Income Tax-6 v. M/S. L'oreal India Pvt. Ltd

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2320 OF 2011 The Commissioner of Income Tax-6. v. M/s. L'oreal India Pvt. Ltd. ..Appellant. ..Respondent. Mr.Suresh Kumar for the Appellant.Mr. P.J.Pardiwala, Sr.Advocate with Mr. A.K.Jasani for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 22nd March, 2013. PC: In this appeal by the revenue for assessment year 2002-03 following question of law has been raised for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal was right in holding that the CIT(A) 's order in allowing the appeal of the assessee inasmuch as in accepting the Cost Plus Method adopted by the assessee to arrive at Arm's Length Price determined by the Transfer Pricing Officer by applying Transaction net margin method which considering bus8iness of the assessee was the most appropriate method to determine the Arm's length Price? 2) By the impugned order the Tribunal accepted the the Cost Plus Method to arrive at Arm's Length price in respect of its international transaction relating to purchase of raw materials. The Tribunal also records the fact that Assessing officer has accepted the Cost Plus Method adopted by the respondent assessee in arriving at Arm's Length Price for subsequent assessment years 2003-04 and 2004-05. The appellant revenue does not urge that the facts in the subsequent years are materially different from the facts existing in the present assessment year. In that view of the matter we see no reason to entertain the proposed question of law. 3)Accordingly the appeal is dismissed with no order as to costs. (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)