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2016 (8) TMI 1177 - HC - Income TaxTPA - AMP expenditure Held that - ITAT has remitted the matter for fresh consideration in the light of its previous Special Bench judgment in L.G. Electronics India Pvt. Ltd. v. ACIT (2013 (6) TMI 217 - ITAT DELHI). Since L.G. Electronics (supra) itself has been partially reversed and the matter has been remitted to be reconsidered in light of the directions in Sony Ericsson Mobile Communications India Private Limited v. CIT 2015 (3) TMI 580 - DELHI HIGH COURT no question of law arises while considering the matter afresh. It goes without saying that the directions in Sony (supra) will be kept in mind and duly applied. Service charges agreed but not shown during the year under consideration - Held that - On this, we notice that the principle of consistency was applied. Furthermore, this Court had in a previous order refused to frame a question of law (in Commissioner of Income Tax-I v. Bose Corporation India Pvt. Ltd.(2013 (7) TMI 1060 - DELHI HIGH COURT). No question of law arises. The appeals are accordingly dismissed as unmerited along with the pending application.
Issues: Appeal against orders of the Income Tax Appellate Tribunal (ITAT) regarding AMP expenditure and service charges not shown during the year under consideration.
AMP Expenditure Issue: The High Court addressed the first issue concerning AMP expenditure. The revenue claimed to be aggrieved by the ITAT's orders and raised two questions of law. The first question pertained to the AMP expenditure, which the ITAT had remitted for fresh consideration in light of the Special Bench judgment in L.G. Electronics India Pvt. Ltd. v. ACIT. However, since L.G. Electronics itself had been partially reversed and remitted for reconsideration based on the directions in Sony Ericsson Mobile Communications India Private Limited v. CIT, the High Court held that no question of law arose in reconsidering the matter. The Court emphasized that the directions in Sony Ericsson case would be considered and applied in the fresh review. Consequently, the High Court dismissed the appeal on this issue. Service Charges Issue: The second issue raised by the revenue was regarding service charges agreed but not shown during the relevant year. The High Court noted that the principle of consistency was applied in this matter. Additionally, the Court referred to a previous order where it had refused to frame a question of law in a similar case. Citing Commissioner of Income Tax-I v. Bose Corporation India Pvt. Ltd., the High Court concluded that no question of law arose in this instance as well. Therefore, the Court dismissed the appeal on this issue, along with the pending application, deeming them unmerited.
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