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2018 (9) TMI 1302 - AT - Income TaxTPA - AMP expenses - Held that:- TPO has resorted to segregation of AMP expenses as a separate international transaction requiring independent bench marking by considering the same set of comparables as adopted by the assessee. As in the case of Soni Ericsson Mobile Communication India [P] Ltd Vs. CIT [2015 (3) TMI 580 - DELHI HIGH COURT] has held that once the Assessing Officer/TPO accepted and adopted TNMM but chooses to treat a particular expenditure like AMP as a separate international transaction without bifurcation/segregation, it would lead to unusual and incongruous results as AMP expenses was the cost or expenses and was not diverse. Even if the AMP expenses incurred by the appellant company are bench marked on a separate basis, no adjustment on account of AMP expenses would survive. No plausible reason for TP adjustment on account of AMP expenses. We, accordingly, direct the Assessing Officer to delete the impugned adjustments. - Decided in favour of assessee.
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