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2017 (1) TMI 1083 - HC - Income Tax
Transfer pricing adjustment - ALP determination - whether the reporting of the AMP in regard to the outbound business constitutes an international transaction for which ALP determination was necessary? - Held that:- The I.T.A.T. in our opinion, should have first decided whether in the circumstances of this case, the nature of the AMP reported, could lead to the conclusion that there was an international transaction. When doing so, it should have remitted the matter back for examination to the A.O. in this case. Accordingly, following the decision of Sony Ericsson Mobile Communications India Pvt. Ltd.(2015 (3) TMI 580 - DELHI HIGH COURT) and a subsequent decision in Daikin Airconditioning India Pvt. Limited v. Assistant Commissioner of Income Tax [2017 (1) TMI 957 - DELHI HIGH COURT] this Court hereby remits the matter for a comprehensive decision by the I.T.A.T. In other words, the I.T.A.T. will decide whether the reporting of the AMP in regard to the outbound business constitutes an international transaction for which ALP determination was necessary and if so, the effect thereof.