Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 196 - DELHI HIGH COURTTP adjustment - Scope of judgments of High Court as challenged and pending adjudication before the Supreme Court - Bright Line Test Application as statutory mandate - applying the Bright Line Test to determine the existence of an international transaction involving AMP expenditure - whether ITAT has erred in relying upon the judgment of this Court in Sony Ericsson Mobile Communication [2015 (3) TMI 580 - DELHI HIGH COURT] as the Department has not accepted the decision passed in Sony Ericsson (supra) and has preferred an appeal against the said decision before the Supreme Court - HELD THAT:- This Court in the cases of Bausch & Lomb Eyecare (India) (P.) Ltd. [2015 (12) TMI 1332 - DELHI HIGH COURT] following the decision in Sony Ericsson (supra) held that the question of applying the Bright Line Test to determine the existence of an international transaction involving AMP expenditure does not arise. Though the judgments of this Court have been challenged and are pending adjudication before the Supreme Court, yet there is no stay of the said judgments till date. Consequently, in view of the judgments passed by the Supreme Court in Kunhayammed and Others vs. State of Kerala and Another [2000 (7) TMI 67 - SUPREME COURT]and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras, [1992 (4) TMI 183 - SUPREME COURT] the present appeal is dismissed being covered by the judgments passed by the learned predecessor Division Bench in Sony Ericsson (supra) & Bausch & Lomb Eyecare India P. Ltd. (supra).
|