9911796707
TMI Blog2017 (1) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... , Advs. Respondent Through: Mr. Ashok Manchanda and Mr. Raghvendra Singhj, Advs. S. RAVINDRA BHAT (Oral) 1. The questions of law that arose for consideration in these appeals were framed on 27.07.2016. The facts of the case pertain to Assessment Year (A.Y.) 2009-10 and A.Y. 2010-11. The Transfer Pricing Officer ("T.P.O.") and the Assessing Officer ("A.O.") were of the opinion that the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of AMP in the outbound segment, to the A.O. The Assessee, therefore, is aggrieved and contends that the I.T.A.T.'s decision, based upon an assumption of existence of outbound business being an international transaction, is erroneous. 2. The Court notices that all the tax authorities consistently applied the "bright line method" which was applicable at that time enunciated by I.T.A.T.'s Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis for an inquiry into the international transaction and indicated a "bright line" test for it, Sony Ericsson Mobile Communications India Pvt. Ltd.(supra) overruled that decision. This per se does not mean that every endeavour will be to conclude that all transactions reporting AMPs are to be treated as international transactions, the facts of each case would have to be examined for some d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Pvt. Limited v. Assistant Commissioner of Income Tax in ITA 269/2016, decided on 27.07.2016, this Court hereby remits the matter for a comprehensive decision by the I.T.A.T. In other words, the I.T.A.T. will decide whether the reporting of the AMP in regard to the outbound business constitutes an international transaction for which ALP determination was necessary and if so, the effect thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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