2019 (3) TMI 326 - ITAT DELHI

Transfer Pricing Adjustment - excessive AMP expenditure - international transaction - HELD THAT:- Issue in dispute has been decided in favour of the assessee by the coordinate Bench of this Court in earlier assessment years and the order passed by the coordinate Bench for A.Y.2009-10 {2017 (10) TMI 998 - ITAT DELHI] & [2017 (2) TMI 650 - ITAT DELHI] has also been upheld by the Hon’ble Jurisdictional High Court [2017 (5) TMI 1223 - DELHI HIGH COURT]

Transfer Pricing Adjustment - transaction for Notional Interest attributable to delayed payments receivable from the AE - HELD THAT:- The revenue has not filed any appeal before the Hon’ble High Court against the above decision of the Tribunal on the issue in dispute in A.Y. 2009-10[2017 (2) TMI 650 - ITAT DELHI]. Moreover, following the decision of A.Y. 2009-10, the coordinate Bench, in A.Y. 2010-11, has again decided the issue in favour of the assessee. It will also be relevant to note that there is no adjustment proposed on this issue by the TPO in A.Ys. 2011-12 & 2013-14. - Decided in favour of assessee

Disallowance of deduction u/s 10A - Data Processing Receipts derived by the assessee from Units 1 and 2 would not be eligible for deduction u/s 10A - HELD THAT:- As decided in assessee's own case [2017 (10) TMI 998 - ITAT DELHI] the impugned order of the ITAT in the case of AIPL for AY 2009-10 on the issue of allowing the deduction under Section 10A suffers from no legal infirmity either in its analysis of the legal provisions or in its conclusions. The Court is not inclined to frame any question of law on the issue concerning a Section 10A deduction in the appeal of the Revenue against AIPL for AY 2009-10.

Disallowance u/ 14A - HELD THAT:- Since undisputedly, there is no exempt income derived by assessee/appellant in the instant case, in our considered opinion, the issue merits to be decided in favour of the assessee/appellant following the Hon’ble jurisdictional High Court’s decision in the case of Mc Donald India Pvt. Ltd [2018 (11) TMI 1057 - DELHI HIGH COURT] and M/s Cheminvest Ltd.[2015 (9) TMI 238 - DELHI HIGH COURT].