JUDGMENT :

R. Hemalatha, J.

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order in WP.No.22508 of 2017 dated 16.07.2018 and allow the above writ appeal.)

1. This appeal is against the final order passed in WP.No.22508 of 2017 dated 16.07.2018.

2. The facts of the case briefly are summarized below. The appellant company is engaged in the business of manufacturing, selling and servicing passenger vehicles and related spare parts / CKD parts in the domestic as well as overseas markets. The assessee / appellant company (M/s.Hyundai Motors India Ltd) has exclusive rights of the Holding company (M/s.HMC Korea) abroad to produce cars in this country. The brand name and logo are the Holding Company’s property while the end product is made in India. The matter of dispute is in the e-return filed for the assessment year 2008-2009 in which the first respondent as the Transfer Pricing Officer (TPO) found the royalty paid by the assessee / appellant company to the Holding Company was higher (3.47%) than the average royalty rates of four comparable companies (2.54%) thus concluding that the Arm’s length price of the royalty paid was in excess and therefore Rs.