https://www.taxtmi.com/caselaws?id=370709 The Tribunal held that the Bright Line Test cannot be used to establish the existence of an international transaction or to determine the arm's length price of advertisement, marketing and promotion expenditure. It found that the Revenue had not discharged the initial burden of showing any specific arrangement or understanding between the assessee and its associated enterprise, and that mere high AMP spend or incidental brand benefit was insufficient to justify the adjustment. In the absence of independent, cogent material apart from the Bright Line Test, the transfer pricing adjustment was unsustainable in law and was set aside, with the matter remitted for fresh action if required in light of the final view of the higher court. en-us Mon, 19 Nov 2018 00:00:00 +0530 Thu, 22 Nov 2018 07:13:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=370709 The Tribunal held that the Bright Line Test cannot be used to establish the existence of an international transaction or to determine the arm's length price of advertisement, marketing and promotion expenditure. It found that the Revenue had not discharged the initial burden of showing any specific arrangement or understanding between the assessee and its associated enterprise, and that mere high AMP spend or incidental brand benefit was insufficient to justify the adjustment. In the absence of independent, cogent material apart from the Bright Line Test, the transfer pricing adjustment was unsustainable in law and was set aside, with the matter remitted for fresh action if required in light of the final view of the higher court. Case-Laws Income Tax Mon, 19 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=370709