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2023 (8) TMI 627 - AT - Income TaxTP adjustment - AMP expenditure computed in the hands of the assessee by adopting bright line test - HELD THAT:- As this issue has been considered in assessee’s own case for A.Y. 2017-18 [2023 (7) TMI 1138 - ITAT BANGALORE] wherein as established that determination of arm's length price of AMP expenditure by applying BLT method is not valid. In a catena of decisions, the Hon'ble Delhi High Court in Maruti Suzuki India Ltd. [2015 (12) TMI 634 - DELHI HIGH COURT] while disapproving the decision of Hon’ble Delhi Special Bench in L.G. Electronics India (P.) Ltd. [2013 (6) TMI 217 - ITAT DELHI] have held that, BLT method is invalid as it is not prescribed in the statute. Also in absence of an express arrangement/agreement between the assessee and the AE for incurring AMP expenditure to promote the brand of the AE, AMP expenditure incurred by making payment to third parties for promoting and marketing the product manufactured by the assessee, does not come within the purview of international transaction - we direct the Ld.TPO to delete the adjustment made towards the AMP. Decided in favour of assessee. Disallowance of deduction claimed u/s. 80G - HELD THAT:- As relying on Sling Media (P.) Ltd [2021 (12) TMI 762 - ITAT BANGALORE] we direct the Ld.AO to verify the payments made by assessee towards CSE that also forms part of deduction u/s. 80G. AO then shall grant the deduction claimed u/s. 80G in accordance with law.
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