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TMI Blog2018 (7) TMI 2297X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act']. Since common issue is involved, both the appeals were heard together and are disposed of vide common order. For the sake of convenience, facts relevant to assessment year 2012-13 are stated hereunder: 2. Briefly the facts of the case are as under: The assessee is a company duly incorporated under the provisions of the Companies Act, 1956. It is wholly owned subsidiary of Epson Singapore PTE. It is engaged in the business of distribution of Epson group products like printers, cartridges, scanner and projector, spares and other consumables. The return of income for the assessment year 2012-13 was filed on 29/11/2912 declaring total income of Rs.17,01,86,550/.-. The assessee also reported the following international transaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t sales for the purpose of computing AMP ratio for comparable entities. In respect of TP adjustments made in relation to sale support services rendered by the assessee the Hon'ble DRP directed the AO/TPO to exclude two comparables. After receipt of the above directions, the AO passed final assessment order. 5. Being aggrieved, the assessee is before us in the present appeal. The assessee raised the following grounds of appeal for assessment year 2012-13: 6. Learned AR vehemently submitted that the assessee-company is the sole distributor of Epson products in India, undertaking the sale related activities in India such as identifying customers, negotiating terms of sale and including price terms and concluding sales. In order to maintain i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter X can be made. He also placed reliance on the decision of the co-ordinate bench of this Tribunal in the case of M/s.Essilor India Pvt.Ltd. vs. DCIT (2016) 68 taxmann.com 311)(Bang). 7. On the other hand, ld.CIT(DR) vehemently submitted that the assessee-company had not furnished TP study giving FAR analysis, functions, marketing promotions undertaken by it. Therefore, the issue requires to be set aside to the TPO for undertaking fresh analysis of these functions. Reliance in this regard was placed on the decision of the coordinate bench of Tribunal Delhi in the case of Transitions Optical India Pvt. Ltd. vs. DCIT in IT(TP)A No.2208/Bang/2016 dated 22/11/2017. 8. We heard rival submissions and perused the material on record. The only i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is for the purpose of creating marketing intangibles for AE of the assessee therein. If it is shown that AMP expenditure is an international transaction, then further question of determination of ALP of such international transaction would arise. In the present case also TPO had not brought anything on record to show existence of international transaction whereby the assessee was obliged to incur AMP expenditure for the purpose of promoting brand, intangible of its AE. Similarly, the assessee-company also has not furnished FAR analysis of AMP functions in its TP study. In our considered opinion, the matter requires remission to the TPO for undertaking fresh analysis to establish existence of international transaction in respect of AMP ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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