2020 (12) TMI 1370 - AT - Income Tax

TP Adjustment - bench marking AMP functions of the assessee - HELD THAT - On careful consideration of the finding of the learned dispute resolution panel we note that it has issued direction following the decision of the honourable Delhi High Court in Sony Ericsson mobile Co private limited. 2015 (3) TMI 580 - DELHI HIGH COURT - DR could not point out ny infirmity in the direction of Ld DRP where in it has rejected Bright line test approach in bench marking AMP functions of the assessee. In view of this, we do not find any infirmity in the direction of the learned dispute resolution panel. Accordingly ground of the appeal of the learned assessing officer are dismissed.

Summary

Issues:
1. Dispute over the justification of the Bright Line Test as the most appropriate method for benchmarking AMP services.
2. Disagreement on using PLR for computing markup on AMP expenses.
3. Determination of routine selling and distribution expenses as part of AMP expenses for comparability analysis.

Issue 1:
The appeal involved a dispute regarding the Bright Line Test as the appropriate method for benchmarking AMP services. The assessing officer questioned the justification of not appreciating the Bright Line Test as a step for estimating and bifurcating expenditure. Despite the absence of the assessee during the proceedings, the appeal was decided in favor of the assessing officer.

Issue 2:
Another point of contention was the use of PLR for computing markup on AMP expenses. The assessing officer argued that PLR should be considered as the basis for computing the markup, highlighting the Revenue's case using PLR of banks as a comparable. However, the Dispute Resolution Panel held that PLR cannot be the basis for computing markup on AMP expenses without appreciating the Revenue's case. The panel's decision was based on the rejection of the Bright Line Test approach in benchmarking AMP functions.

Issue 3:
The third issue revolved around determining routine selling and distribution expenses as part of AMP expenses for comparability analysis. The Dispute Resolution Panel concluded that routine selling and distribution expenses should not form part of AMP expenses, disregarding their contribution to creating marketing intangible. The panel emphasized the need for considering only a similar bouquet of AMP expenses as per the High Court ruling and directed the Transfer Pricing Officer to use the cost-plus method for this purpose.

In conclusion, the judgment dismissed the appeal of the assessing officer based on the directions issued by the Dispute Resolution Panel, which aligned with the decision of the Delhi High Court in a previous case. The panel's rejection of the Bright Line Test approach and the directions provided regarding the computation of AMP expenses were upheld, resulting in the dismissal of the assessing officer's appeal.