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2019 (2) TMI 1774 - AT - Income TaxTP Adjustment - excessive AMP expenses - International transaction - HELD THAT:- Since basis on which adjustment has been made being bright line test itself has been rejected by Hon’ble Delhi High Court in assessee’s own case for [2015 (12) TMI 1188 - DELHI HIGH COURT] no further interference can be called for at this stage. Further reliance placed by Ld.Sr.DR on BEPS guidelines and action plan 8-10 cannot be applied as the same is yet to be implemented. As submitted by both sides that facts and circumstances in present appeal are in no manner different from that of Assessment Year 2008-09, 2010-11, 2011-12 to 2012-13 that was for consideration before this Tribunal and thereafter before Hon’ble High Court. In our considered opinion under such circumstances, no purpose will be served by keeping present appeal pending, as issues raised by revenue in assessee’s own case along with other cases, have not yet been listed before Hon’ble Supreme Court. We are therefore inclined to follow view taken by this Tribunal in assessee’s own case which has been upheld by Hon’ble High Court for Assessment Year 2008-09.[2015 (12) TMI 1188 - DELHI HIGH COURT] Disallowance of expenses u/s 37 incurred by assessee on account of alleged advertisement and marketing expenses - HELD THAT:- As the issue relating to nature of AMP expenses being international transaction or not, has been set aside to Ld.AO in preceding paragraphs, allowability of such expenses claimed by assessee under section 37 of the Act also deserves to be setaside Mismatch in 26 AS - HELD THAT:- Perusal of record it appears that differential amount reflected in form 26 A-S were not properly reconciled. As now assessee has all relevant information for the same, in the interest of natural Justice, we direct Ld. AO to tally database of revenue in light of details filed by assessee. We are therefore inclined to set aside ground no.5 to Ld.AO for reconciliation and to allow the claim as per law. Double taxation relief sought u/s 90-91 - HELD THAT:- Since the assessee was in the process of obtaining the certificates from the associated enterprises, the same could not be furnished before the Assessing Officer during the course of assessment proceedings. The A.O. in the absence of such certificates disallowed the claim of assessee towards foreign tax credit. As submitted that assessee is now in possession of all Certificates and can reconcile the payment. Both parties agreed for issues to be set aside for verification.We are therefore inclined to set aside ground no.6 to Ld.AO for reconciliation and to allow the claim as per law.
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