Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 2002 - AT - Income TaxTP Adjustment - marketing and marketing development function carried out for the AE - bench mark-ng is carried out on protective basis - AMP adjustment without applying BLT - HELD THAT:- On identical set of facts the coordinate bench in A. Y. 2013-14 [2017 (11) TMI 1783 - ITAT DELHI] has deleted the addition made on protective basis. ALP adjustment, in respect of AMP expenses by applying the bright line test (BLT), which is now decided in favour of the assessee. While learned Departmental Representative did not really address on all these aspects, he fairly agreed to our suggestion that the matter is required to be examined afresh by the AO in the light of outcome of the appellate proceedings for the other assessment years as also by way of a speaking order dealing with the specific contentions of the assessee. In the light of this undisputed position within a narrow compass of material facts, we remit the matter to the file of the Assessing Officer for fresh adjudication in the light of our above observations. Adjustment on account of provision of coordination and other support services - adjustment is the absence of segmental data and satisfactorily allocation of expenses in the segment - HELD THAT:- We have carefully perused the application under rule 29 and the audit certificate filed. In our considered view since now the audited segmental data are available the TPO must examine the same and decide the issue afresh after giving a reasonable opportunity of being heard to the assessee. We accordingly restored this issue to the files of the TPO with a direction to consider and examine the audited segmental data and decide the issue accordingly. The assessee is directed to furnish relevant data before the TPO. Ground No.4 is treated as allowed for statistical purpose.
|