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2022 (10) TMI 989 - HC - Income TaxTP Adjustment - provisions of services of market development (services of carrying out advertisement, market & business promotion i.e. AMP) - international transactions or not? - TPO computed the adjustment by applying the Bright Line method - HELD THAT:- A perusal of the impugned order shows that the ITAT in its impugned order concluded that the factual matrix has remained consistent in AY 2009-10 [2017 (2) TMI 650 - ITAT DELHI] AND AY 2010-11[2017 (10) TMI 998 - ITAT DELHI] and, therefore, relied upon the findings recorded for AY 2009-10 to hold that the expenses incurred on AMP does not constitute an international transaction between the Assessee and its AE. The law on the issue of AMP is well settled by the aforesaid judgements of this Court and the same has been consistently applied by the appellate authorities below and the predecessor benches of this Court to the facts of the Assessee in AY 2009-10 and AY 2011-12. Therefore, we are unable to agree with learned senior standing counsel for the Revenue that there is any change in law which would merit reconsideration of said issues of AMP in the present proceedings. We, therefore, hold that the ITAT has properly and correctly assessed the fact and law while concluding that services of AMP are not international transactions in light of the provisions of sub-clause (d) of clause (i) of Explanation to Section 92B.
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