https://www.taxtmi.com/caselaws?id=767082 The Delhi HC upheld ITAT's decision deleting TP adjustments on AMP expenditure. The court ruled that Revenue failed to establish existence of an actual international transaction under Section 92B. Despite the 2012 amendment clarifying that international transactions include use of intangible property like trademarks, Revenue must first prove a transaction exists before applying transfer pricing provisions. The TPO's approach of solely relying on perceived excessive AMP expenditure and Bright Line Test without analyzing underlying transaction was flawed. The deeming fiction in Section 92B(2) was inapplicable as it required prior agreement and applied from 2015 onwards, not relevant assessment years. Decision against Revenue. en-us Fri, 07 Mar 2025 00:00:00 +0530 Wed, 09 Jul 2025 17:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767082 The Delhi HC upheld ITAT's decision deleting TP adjustments on AMP expenditure. The court ruled that Revenue failed to establish existence of an actual international transaction under Section 92B. Despite the 2012 amendment clarifying that international transactions include use of intangible property like trademarks, Revenue must first prove a transaction exists before applying transfer pricing provisions. The TPO's approach of solely relying on perceived excessive AMP expenditure and Bright Line Test without analyzing underlying transaction was flawed. The deeming fiction in Section 92B(2) was inapplicable as it required prior agreement and applied from 2015 onwards, not relevant assessment years. Decision against Revenue. Case-Laws Income Tax Fri, 07 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767082