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TMI Blog2018 (9) TMI 1761X X X X Extracts X X X X X X X X Extracts X X X X ..... IV KHANNA, J.(ORAL): This appeal by the Revenue under Section 260A of the Income Tax, 1961 ('Act' for short) in the case of M/s. Mary Kay Cosmetics Pvt. Ltd. ('respondent - assessee' for short) pertains to the Assessment Year 2010-11 and impugns the order dated 28th March, 2018 of the Income Tax Appellate Tribunal ('Tribunal' for short). 2. The respondent-assessee a wholly owned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofit Level Indicator to determine the Arm's Length Price for (i) purchase of finished goods and (ii) purchase of products for business and applied Comparable Uncontrolled Price Method to determine Arm's Length Price for (iii) reimbursement of expenses as per details given below: S.No Description of the transactions Amount (in Rs.) (a) Purchase of finished goods 32,501,399 (b) Purchase of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 per cent and M/s Surya Vinayak of 0.09 percent. Accordingly, transfer pricing addition of Rs. 2,28,76,787/- was made. In alternative, the Assessing Officer held that the expenditure incurred by the respondent-assessee on advertisement and sales promotion of Rs. 2,28,76,787/- was not allowable under Section 37(1) of the Act. The respondent-assessee not being the brand owner should not have incurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses under Section 37(1) of the Act is covered against the Revenue by decision of this Court in Sony Ericsson Mobile Communications India Pvt. Ltd. vs. Commissioner of Income Tax - III, (2015) 374 ITR 118 (Delhi) and Commissioner of Income Tax vs. Whirlpool of India Ltd., (2016) 381 ITR 154 (Delhi). In Sony Ericsson Mobile Communications India Pvt. Ltd. (supra), a decision authored by one of us (Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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