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2017 (2) TMI 1537 - DELHI HIGH COURTTP Adjustments - international transactions in respect of payment of trade mark fee - Selection of MAM - Transactional Net Margin Method (TNMM) OR Comparable Uncontrolled Price Method (CUPM) - HELD THAT:- The following question of law arises for consideration in these appeals:- “Did the Income Tax Appellate Tribunal (‘ITAT’) fall into error while deleting the Transfer Pricing Adjustments regarding the international transactions in respect of payment of trade mark fee and in applying the Transactional Net Margin Method (TNMM) instead of Comparable Uncontrolled Price Method (CUPM)? ” TP Adjustments - AMP Expenditure - This Court notices that AMP Expenditure was not subjected to adjustments although it was a part of the Transfer Pricing Exercise for all previous years. The question of law framed i.e. the payment of trade mark fee and whether it needs to be subjected to adjustments, would cover the issue for the year in question given that AMP Expenditure did not result in any adjustments in respect of the same transactions for all previous years. The other questions of law, therefore, do not arise. List for hearing on 18.04.2017.
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