The Delhi High Court upheld the order of the Tribunal on the ...

Indian company's transfer pricing adjustment on marketing expenses rejected; brand building costs allowed.

December 14, 2024

Case Laws     Income Tax     HC

The Delhi High Court upheld the order of the Tribunal on the following issues: 1. Transfer Pricing adjustment on Advertising, Marketing and Promotional (AMP) expenditure was rejected in the absence of evidence establishing an arrangement or concerted action between the Indian entity and its Associated Enterprise. 2. Disallowance u/s 14A was not warranted as there was no exempt income earned in the concerned Assessment Years. 3. Disallowance of brand building expenditure u/s 37 was not justified. As per Section 48 of the Trade Marks Act, the assessee, being a licensee, was entitled to claim such expenditure as business expenditure, although it may have enhanced the brand of the overseas owner. 4. Disallowance based on seized material pertaining to preceding years was not merited in the absence of incriminating material for the concerned Assessment Years, following the Supreme Court's decision in Sinhgad Technical Education Society.

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