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2017 (11) TMI 1871 - HC - Income TaxTP Adjustment - addition on account of Advertisement, Marketing and Promotion (AMP) Expenditure - HELD THAT:- As decided in MSD PHARMACEUTICALS PVT LTD. VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX & ANR. [2017 (7) TMI 1346 - DELHI HIGH COURT ] referring to Sony Ericson Mobile Communications (India) Pvt. Ltd. v. CIT [2015 (3) TMI 580 - DELHI HIGH COURT] held that in matters of transfer pricing the first exercise that is to be undertaken is to determine if in fact there existed an international transaction between the Assessee at its Associated Enterprise. Only if the said question is answered in the affirmative, the further question of determining its arm’s length price would arise. Counsel on both sides state that all the necessary documents and information for determining the above question already form part of the record of the case in the ITAT. Restore the aforementioned appeal to the file of the ITAT for a fresh de novo adjudication on merits without reference to the order of the ITAT that has been set aside by this judgment.
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