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2019 (1) TMI 1061 - AT - Income TaxTPA - AMP expenses treated as international transaction by applying bright line test - Held that:- Since basis on which adjustment has been made being bright line test itself has been rejected by Hon’ble Delhi High Court in assessee’s own case for Assessment Year 2008-09, no further interference can be called for at this stage. Further reliance placed by Ld.Sr.DR on BEPS guidelines and action plan 8-10 cannot be applied as the same is yet to be implemented. No purpose will be served by keeping present appeal pending, as issues raised by revenue in assessee’s own case along with other cases, has not been listed before Hon’ble Supreme Court. We are therefore inclined to follow view taken by this Tribunal in assessee’s own case which has been upheld by Hon’ble High Court for Assessment Year 2008-09. We therefore, reject prayer advanced by Ld.Sr.DR for adjournment. Mismatch in 26 A-S - Held that:- Perusal of record it appears that differential amount reflected in form 26 A-S were not properly reconciled. As now assessee has all relevant information for the same, in the interest of natural Justice, we direct Ld. AO to tally database of revenue in light of details filed by assessee. Disallowance of expenses u/s 37 incurred by assessee on account of alleged AMP expenses - Held that:- As the issue relating to nature of AMP expenses being international transaction or not has been set aside to Ld.AO in preceding paragraphs, the allowability of such expenses claimed by assessee under section 37 of the Act also deserves to be set-aside. The outcome of this ground raised depends upon decision of Hon’ble Supreme Court in assessee’s own case. Disallowance of expenses of tour packages given to dealers - onus to substantiate its claim with actual figures for such package tools undertaken by employees/dealers as a part of incentives - Held that:- From the records we understand that no documents/evidences have been placed to establish the claim. We are therefore inclined to set aside this issue back to learn the AO/TPO for readjudication. Assessee shall file all requisite details in order to establish the claim. It shall give itemised details regarding the incentives that have been awarded to its employees or dealers as the case may be. Ld. AO/TPO shall then verify the same and if found in order shall allow the claim of assessee even though the expenses has been accounted for in subsequent financial year. - Ground raised by assessee stands allowed for statistical purposes. Claiming weighted deduction under section 35(2AB) in respect of expenses incurred by in-house research & development facility - Held that:- Assessing Officer has not got an opportunity to verify claim in light of documents relied upon by assessee before us. In the interest of natural Justice, we set aside this issue to Ld.AO for due verification of documents and to consider claim of assessee in light of decision delivered by Hon’ble Delhi High Court in case of Maruti Suzuki India Ltd [2017 (8) TMI 248 - DELHI HIGH COURT] - Additional ground of assessee stands allowed for statistical purposes.
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