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2015 (5) TMI 1103 - HC - Income TaxTransfer pricing adjustment - AMP expenses - Held that - This Court notices that the ITAT in its impugned order in para 7.3 noticed that the Special Bench decision in L.G. Electronics India Pvt. Ltd. versus Assistant Commissioner of Income Tax,(2013 (6) TMI 217 - ITAT DELHI)), it is not disputed by the parties that law has been since clarified by the Division Bench ruling in Sony Erricson Mobile Communications India Pvt. Ltd. vs. Commissioner of Income Tax-III (2015 (3) TMI 580 - DELHI HIGH COURT) . In these circumstances the order of the ITAT is modified. instead of applying the ratio of LG Electronics (supra), the matter is remitted to the ITAT for considering the merits of the appeal including the assessee s comprehension that AMP determination itself, by taking into consideration that the AMP expenses is not warranted in these circumstances.
Issues:
1. Adjustment of AMP expenses in ITAT order. 2. Interpretation of AMP determination. 3. Application of LG Electronics case. 4. Remittance of matter to ITAT for further consideration. Analysis: The High Court addressed the appellant's grievance regarding the adjustment made towards AMP expenses in the impugned order of the Income Tax Appellate Tribunal (ITAT). The appellant argued that such expenses should not have been considered as part of the AMP determination due to their nature. The Court observed that the ITAT had referred to the Special Bench decision in L.G. Electronics India Pvt. Ltd. case, which was clarified by the Division Bench ruling in Sony Erricson Mobile Communications India Pvt. Ltd. case. The Court modified the ITAT order, remitting the matter back to the ITAT for a fresh consideration of the appeal, specifically focusing on the appellant's contention that AMP expenses should not be included in the determination. The order dated 05.11.2014 was set aside to the extent mentioned, and the appeal was allowed for further consideration on merits, with directions for the parties to appear before the ITAT on 04.06.2015. This judgment primarily dealt with the interpretation of the AMP determination and the application of relevant legal precedents in deciding the matter. The Court emphasized the need to consider the nature of AMP expenses and their relevance to the determination process. By referring to past decisions and clarifications, the Court ensured a thorough analysis of the issues involved, leading to the remittance of the matter for a more comprehensive review by the ITAT. The decision highlighted the importance of a nuanced understanding of the legal principles governing such adjustments and the significance of ensuring a fair and just determination based on the specific circumstances of the case. Overall, the judgment exemplified the judicial approach of meticulous consideration of legal precedents and factual arguments to arrive at a reasoned decision. By setting aside the original order and directing a fresh examination of the appeal, the Court demonstrated a commitment to upholding the principles of justice and fairness in tax matters. The detailed analysis provided clarity on the specific issues raised by the appellant, ensuring a thorough review of the AMP expenses and their implications for the overall determination process. The remittance of the matter to the ITAT signified a procedural step aimed at achieving a more informed and just resolution in line with the legal principles discussed in the judgment.
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