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2015 (10) TMI 312 - AT - Income TaxAddition on account of arm’s length price under sec. 92CA(3) - whether marketing and selling expenses like trade discount etc. are not AMP expenses? - Held that:- We find that the Hon’ble jurisdictional High Court of Delhi in the case of Sony Ericsson Mobile Communication India (P) Ltd. [2015 (3) TMI 580 - DELHI HIGH COURT] after discussing the majority view of the Special Bench of the ITAT in the case of L.G. Electronics (2013 (6) TMI 217 - ITAT DELHI), has been pleased to hold that marketing and selling expenses like trade discount etc. are not AMP expenses. Thus we set aside the matter to the file of the Assessing Officer to decide afresh the issue as to whether local transaction of the assessee involving advertisement, cash discount, service expenses and business promotion expenses with unrelated parties are international transaction under sec. 92B of the Income-tax Act, 1961 and if so as to whether transfer pricing provisions are applicable on them and made the adjustment, if any, accordingly in view of the above ratios laid down by the Hon’ble Jurisdictional High Court in the case of Sony Ericson Mobile Communication India Pvt. Ltd. (supra) after affording opportunity of being heard to the assessee. Decided in favour of assessee for the statistical purposes.
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