Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1725 - ITAT MUMBAITPA - disallowing Advertising, Marketing and Promotion (AMP) expenses - adjustment by applying the “Bright Line Test” on account of AMP expenses - Held that:- We have noticed that the TPO proposed the adjustment by applying the “Bright Line Test” on account of AMP expenses incurred by assessee. The “Bright Line Test” has been overruled by the decision of Sony Ericsson Mobile Communication [2015 (3) TMI 580 - DELHI HIGH COURT]. TPO and the DRP was not having the benefit of the decision as the same was delivered on 16.03.2015. We therefore, considering the fact and totality, the ratio laid down by Hon’ble Delhi High Court and the submission made before us by ld. representative of the parties, we deem it appropriate to set-aside the issue relating to the adjustment on account of AMP to the file of TPO/AO to decide the issue afresh relating to the adjustment on account of TPO to decide the issue afresh in accordance with law. - Decided in favour of assessee for statistical purpose.
|