TMI Blog2015 (9) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee in the preceding year i.e. AY 2008-09 which has been set aside and restored to the file of the Assessing Officer to decide the same afresh in view of the Special Bench judgment of ITAT in the case of LG Electronics (2013 (6) TMI 217 - ITAT DELHI) - Decided in favour of assessee for statistical purposes. Disallowance of 10 percent of total advertisement and selling expenses on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For The Respondent: Shri Yogesh Kumar, CIT-DR. ORDER PER R.P. TOLANI, JM : This is assessee s appeal. Following effective grounds are raised:- Grounds on Transfer Pricing Issues 1. The TPO/AO/DRP erred in facts and in law in holding advertising, marketing and promotional ( AMP ) expenditure as a separate international transaction under Section 92B of the Act, witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowed under section 37(1) in computing the taxable income whereas the said amount has been included by the learned TPO while computing the alleged excessive AMP expenditure. Grounds of appeal on Corporate Tax Issues - 1. That on the facts and circumstances of the case and in law, the AO/DRP erred in disallowing ₹ 12,27,51,778, being 10 percent of total advertisement and selling e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AT, while deciding the appeal, has also restored the issue of double disallowance also back to the file of the Assessing Officer. Therefore, following the ITAT s order, the same may be set aside. Learned counsel further informs that Hon'ble Delhi High Court has also decided a similar issue in the case of associated concern Sony India P.Ltd. in ITA No.1285/2009 vide order dated 22nd February, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of TP addition and Hon ble High Court judgment in the case of associated concern i.e. Sony India P.Ltd. 6. In the result, the appeal of the assessee is allowed for statistical purposes. 7. Since we have already allowed the assessee s appeal for statistical purposes by setting aside the matter, the stay petition filed by the assessee becomes infructuous and is dismissed accordingly. Decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
