9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (8) TMI 1175 - HC - Income TaxTransfer pricing adjustment towards AMP (Advertisement, Marketing and Promotion) expenses - Held that - The relevant principles applicable to deal with AMP expenses in ALP determination by a Bench of this Court in Sony Ericsson Mobile Communications India Pvt. Ltd. v. Commissioner of Income Tax - III 2015 (3) TMI 580 - DELHI HIGH COURT and held that the bright line test espoused by the Revenue was inapplicable. As a result, the ITAT set aside the additions made by the lower authorities. Having considered the submissions, this Court is of the opinion that there is no reason to differ with the reasoning in Sony Ericsson (supra) which is the sole basis for the impugned order.
Issues:
1. Transfer pricing adjustment towards AMP expenses. 2. Applicability of Transactional Net Margin Method (TNMM). 3. Interpretation of relevant principles in ALP determination. 4. Bright line test for dealing with AMP expenses. 5. Judicial precedent in LG Electronics India Pvt. Ltd. v. ACIT. 6. Judicial precedent in Sony Ericsson Mobile Communications India Pvt. Ltd. v. Commissioner of Income Tax - III. Issue 1: Transfer pricing adjustment towards AMP expenses The Revenue challenged the ITAT's decision to accept the assessee's appeal against the addition of &8377;40,14,26,892 made by the Assessing Officer on account of transfer pricing adjustment towards AMP expenses. The AO had added this amount based on incurred AMP expenses, including discounts, totaling &8377;45,27,63,518. The assessee had applied the Transactional Net Margin Method (TNMM) for reflecting international transactions. The ITAT set aside the additions, citing the decision in Sony Ericsson, and rejected the AO's order. Issue 2: Applicability of Transactional Net Margin Method (TNMM) The assessee employed the TNMM to determine the arms length price concerning transactions with the Associated Enterprise (AE). While the TPO and AO accepted other parts of the assessment, the AO added a significant amount towards AMP expenses. The Tribunal's acceptance of the appeal was based on the TNMM application and the reliance on the LG Electronics India Pvt. Ltd. case. Issue 3: Interpretation of relevant principles in ALP determination The ITAT considered the principles governing AMP expenses in determining the Arms Length Price (ALP) following the decision in Sony Ericsson. It rejected the Revenue's bright line test, leading to the setting aside of the additions made by lower authorities. The Court concurred with this interpretation, finding no reason to differ from the reasoning in Sony Ericsson, which formed the basis for the impugned order. Issue 4: Bright line test for dealing with AMP expenses The ITAT found the Revenue's bright line test inapplicable in determining AMP expenses for ALP purposes. This decision was crucial in setting aside the additions made by the AO. The Court upheld this view, resulting in the dismissal of the Revenue's appeal. Issue 5: Judicial precedent in LG Electronics India Pvt. Ltd. v. ACIT The assessee relied on the LG Electronics India Pvt. Ltd. case before the Tribunal to support its position regarding the treatment of AMP expenses. This reliance, combined with the TNMM application, played a significant role in the ITAT's decision to accept the appeal. Issue 6: Judicial precedent in Sony Ericsson Mobile Communications India Pvt. Ltd. v. Commissioner of Income Tax - III The ITAT referenced the decision in Sony Ericsson while discussing the relevant principles applicable to AMP expenses in ALP determination. This case law influenced the ITAT's decision to set aside the additions made by lower authorities. The Court agreed with this interpretation, leading to the dismissal of the Revenue's appeal.
|
