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TMI Blog2024 (7) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... a Kashish Gupta, AR For the Respondent : Shri Rajesh Kumar, CIT(DR) ORDER PER YOGESH KUMAR U.S.JM: The present Appeal has been filed by the Department for Assessment Year 2012-13 passed by the Commissioner of Income Tax (Appeals)-44, New Delhi. 2. The grounds of appeal are as under:- 1. Whether on the facts and circumstances of the case and in law, the Ld. CIT (A) was right in holding that AMP expenses do not constitute an international transaction and hence it does not lead to the creation of marketing intangibles? 2. Whether on the facts and circumstances of the case, the Ld. CIT(A) was right in law in stating that the existence of an international transaction cannot be arrived at from the clauses of an intercompany arrangement? 3. Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransaction with its Associates Enterprises during the year. During the course of the assessment proceedings the case was referred to Transfer Pricing Officer, ( TPO ) as the assessee had shown international transaction with its AE of Rs. 39.19 crores. The Ld. TPO deliberated upon the value of international transactions shown by the assessee and found that the transfer pricing report furnished by the assessee to be erroneous. Accordingly, the TPO determined the Arms Length Price of the international transaction relating to purchases, sales, interest and allocation of cost etc and directed the A.O. to enhance the Assessee s income by Rs. 11,66,20,841/- on account of advertising and publicity expenses and sales promotion expenses. The draft as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties and perused the material available on record. The Ld. CIT(A) while deleting the addition, relied on the orders of Assessee s own case for Assessment Year 2007-08 to 2009-10 in ITA No. 4346/Del/2021, ITA No. 6475/Del/2012 and 826/Del/2014 in following manners:- 11. The appellant has stated that Hon'ble ITAT, Delhi Bench in its own case for AYS 2007-08, 2008-09 and 2009-10 in ITA No. 4346/Del/2011; ITA NO. 6475/Del/2012 and ITA No. 826/Del/2014 dated 31.01.2017 has observed as follows:- 9. Having gone through the cited decisions of the Hon'ble Jurisdictional High court of Delhi in the case of Maruti Suzuki India Ltd. (supra), we find that an identical issue was raised before the Hon'ble High Court. The Hon'ble High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed off. 11.1 The Hon'ble Tribunal relied on the order of the jurisdictional High Court in the case of Maruti Suzuki India Ltd. (supra) where the Hon'ble High Court had concluded that AMP expenses incurred by the taxpayer could not be treated and categorized as an international transaction u/s 92B of the Act. On the basis of the above ruling the Hon'ble Tribunal had held that the issue had been decided in favour of the appellant. It was also stated that the Hon'ble Court in view of the above decision further held that the question of TPO making any transfer pricing adjustment in respect of such transaction under Chapter X did not arise. The Hon'ble High Court had followed its earlier decision in the case of Sony Ericsson ..... X X X X Extracts X X X X X X X X Extracts X X X X
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