2016 (10) TMI 1073

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... In this court’s opinion, ITAT's observation cannot be held as conclusive. Rather those observations are to be considered in the light of the Sony Ericsson Mobile Communications India P. Ltd.’s case (2015 (3) TMI 580 - DELHI HIGH COURT), especially paras 163 to 167 and 193 of this judgment having regard to what was stated in preceding para i.e. that AMP in such cases is to be included as part of th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mentioned in the applications delay in refiling the appeals is condoned. The applications stand disposed of. C.M.38905/2016 in ITA711/2016 C.M.38907/2016 in ITA 712/2016 (for exemption) Exemption is allowed subject to just exceptions. Applications stand disposed of. ITA 711/2016 ITA 712/2016 ITA 713/2016 Issue notice. Mr.Asheesh Jain, accept .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o 168 and 193 of the judgment. Particularly, this court held that (a) AMP expenses fall within the matrix of international transactions and are necessarily to be included in ALP determination; (b) there can be no hard and fast rule as to appropriate method to be adopted i.e. either Resale Price method (RP) or CUP method of Transactional Net Margin Method (TNMM). This is clear from paras 167 and 1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X