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2019 (3) TMI 7 - AT - Income TaxTP Adjustment - AMP expenses by applying bright line test on protective basis - HELD THAT:- We are of the considered view that following the decision rendered in case of Sony Ericsson Mobile Communications India (P.) Ltd. Sony Ericsson Mobile Communications India (P.) Ltd & Others V. CIT [2015 (3) TMI 580 - DELHI HIGH COURT] and in Perfetti Van Melle India Pvt. Ltd. (2017 (5) TMI 1305 - ITAT DELHI), TP adjustment amounting by applying BLT is not sustainable on protective basis having no statutory mandate. Consequently, protective adjustment made by the TPO/DRP/AO qua AMP expenses by applying bright line test on protective basis is not sustainable in the eyes of law having no statutory mandate, hence appeal filed by the taxpayer is allowed.
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