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2021 (9) TMI 1079 - ITAT DELHITP Adjustment - AMP adjustment - CIT-A deleted the addition - HELD THAT:- The assessee has reported international transaction of purchase of trade goods and capital goods from its AEs for further sale in India and thus status of the assessee is in the nature of distributor of goods of AEs - CIT(A) has deleted the addition on two grounds. Firstly, the Assessing Officer has marked up expenses incurred by the assessee on advertisement and marketing on behalf of its Associated Enterprises (AEs) following the Bright Line Test (BLT) which was rejected by the Hon'ble Delhi High Court in the case of Sony Ericsson [2015 (3) TMI 580 - DELHI HIGH COURT] - CIT(A) following Hon'ble Delhi High Court, being a binding precedent has deleted the addition. Also CIT(A) has noted that in subsequent assessment years, i.e., 2012-13, 2013-14 and 2014-15, the Assessing Officer himself has not made any transfer pricing adjustment on account of AMP expenses in same set of circumstances and, therefore, keeping in view of the principle of the consistency, the Assessing Officer is not justified in making adjustment in the year under consideration. Assessee has already been remunerated for the marketing expenses incurred on behalf of the AEs along with commission markup, and, therefore, there was no requirement of making separate AMP addition in the case of the assessee. No infirmity in the order of the Ld. CIT(A) - Decided against revenue.
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