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2023 (8) TMI 1272 - AT - Income TaxTP Adjustment - AMP expenses - international transaction or not? - HELD THAT:- As decided in assessee own case [2017 (2) TMI 650 - ITAT DELHI] considering the material facts like the absence of an agreement, arrangement or understanding between the appellant and ifs associated enterprise for sharing the advertisement, marketing and promotion expenses or for incurring the advertisement, marketing and promotion expenses for the sole benefit of the associated enterprise, payments made by the appellant under the head "advertisement, marketing and promotion" to the domestic parties cannot be termed as an "international transaction" specifically when the TPO has not been able to prove that the expenses incurred were not for the business carried out by the appellant in India. Disallowance u/s 14A - when assessee has earned no exempt income - HELD THAT:- Upon hearing both the sides and perusing the records, we find that this issue is squarely covered in favour of the assessee by the Decision of Cheminvest Ltd. [2015 (9) TMI 238 - DELHI HIGH COURT] and CIT vs. Holcim India (P) Ltd. [2014 (9) TMI 434 - DELHI HIGH COURT]. Accordingly, this issue is decided in favour of the assessee.
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