Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1234 - HC - Income TaxAdvertisement, marketing and sales promotion (‘AMP’) expenses - whether there was an was an international transaction in regard to the AMP expenses incurred by the Assessee on behalf of its foreign associated enterprise (‘AE’) within the meaning of Section 92B? - Held that:- As already noticed, the earlier decision of this Court in Sony Ericsson (2015 (3) TMI 580 - DELHI HIGH COURT ) proceeded on the basis that the Assessees whose cases were being disposed of did not dispute the existence of an international transaction involving AMP expenses. This Court is not required to opine whether such concession was rightly made or not. However, as far AY 2010-11 is concerned, the Assessee appears to have raised a specific ground both before the DRP as well as the ITAT regarding existence of an international transaction and this is reiterated in this Court in the present appeal of the Assessee as well. Such plea will have to be decided by the ITAT in accordance with law. Consequently, it is ordered that the impugned order of the ITAT is set aside and the said appeal stands restored to the file of the ITAT. The ITAT will decide the aforementioned appeal afresh in light of the directions issued by this Court in Sony Ericsson (supra).The ITAT will examine all the grounds including the one regarding the existence of an international transaction involving AMP expenses.
|