TMI Blog2019 (10) TMI 1536X X X X Extracts X X X X X X X X Extracts X X X X ..... by the TPO, in our view, the AO could not have proceeded to make the protective assessment by applying the Bright Line Method. However, we make it clear that we have not examined the legality of the observation made by the Tribunal and the said issue shall be considered in an appropriate case. - ITA 891/2019 - - - Dated:- 11-10-2019 - HON'BLE MR. JUSTICE VIPIN SANGHI AND HON'BLE MR. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad sought to apply the Bright Line Method for determination of the price adjustment on protected basis since this Court has already rendered its decision in the case of Sony Ericsson Mobile Communications India Private Limited Vs. Commissioner of Income Tax, (2015) 374 ITR 118. At the same time, he applied the intensity adjustment as an alternative approach on substantive basis. The Tribunal has s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue. These apprehensions, however, are not really justified. There is no dispute that the application of bright line test, for making ALP adjustments in respect of the AMP expenses, is held to be unsustainable in law by Hon'ble jurisdictional High Court, and the TPO himself states so in so many words. It is also elementary that it is not, cannot be, open to us to disregard the binding judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an be rightly brought to tax. That's not the case before us. In our humble understanding, therefore, the concept of protective assessment', as is known to the income tax law, has no application in the cases like the one before us. Considering the fact that this Court has already rendered its decision in Sony Ericsson (supra) rejecting the adoption of the Bright Line Method by the TPO, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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