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2019 (3) TMI 75 - AT - Income TaxTP adjustment - AMP expenses and transfer pricing adjustment in Intra Group Services - re-characterization of transaction involving AE - HELD THAT:- Issues are squarely covered in assessee’s favour by the Hon'ble High Court as well as Tribunal in Assessment Year 2012- 13 [2015 (12) TMI 1332 - DELHI HIGH COURT] Assessee is justified in contending that the re-characterization of its transaction involving its AE for the two years which have been fully disclosed in the TP Study on the basis of it not being for commercial expediency of the Assessee is clearly beyond the powers of the TPO and contrary to the legal position explained in EKL Appliances Ltd.’s case [2012 (4) TMI 346 - DELHI HIGH COURT]) The Court is satisfied that the Revenue has not been able to show the existence of an international transaction involving AMP expenses between the Assessee and its AE - Decided in favour of assessee.
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