Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
AMP expenditure incurred in India for the assessee's own sales and promotion could not be treated as an international transaction merely because it may incidentally benefit the foreign associated enterprise's brand. An agreement, arrangement or understanding between the parties is a condition precedent for transfer pricing adjustment, and higher expenditure or presumed brand-building benefit is insufficient. On that basis, the AMP adjustment was deleted. Consequentially, the AO was directed to allow set off of brought forward business loss and unabsorbed depreciation in accordance with law after giving a reasonable opportunity of being heard.
AMP expenditure incurred in India for the assessee's own sales and promotion could not be treated as an international transaction merely because it may incidentally benefit the foreign associated enterprise's brand. An agreement, arrangement or understanding between the parties is a condition precedent for transfer pricing adjustment, and higher expenditure or presumed brand-building benefit is insufficient. On that basis, the AMP adjustment was deleted. Consequentially, the AO was directed to allow set off of brought forward business loss and unabsorbed depreciation in accordance with law after giving a reasonable opportunity of being heard.
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