https://www.taxtmi.com/caselaws?id=462858 The ITAT Mumbai ruled in favor of the assessee regarding TP adjustments on AMP expenses. The TPO had made ALP adjustments claiming the assessee incurred conference, marketing and promotion expenses for the benefit of its AE. The Tribunal found the lower authorities relied on an annual report from a different group entity that had no international transactions with the assessee, making it irrelevant. Crucially, the subvention income received by the assessee exceeded the entire ALP adjustment, providing grounds for relief. The Tribunal also rejected the TPO's application of Bright Line Test, citing the Delhi HC decision in Maruti Suzuki India Ltd. Additionally, regarding disallowance of surgeon/consultant expenses under CBDT Circular No.5/2012 and Section 37(1), the Tribunal followed its own precedent favoring the assessee from AY 2010-11, holding the expenses were incurred wholly and exclusively for business purposes. en-us Wed, 10 Jul 2019 00:00:00 +0530 Wed, 16 Jul 2025 11:33:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462858 The ITAT Mumbai ruled in favor of the assessee regarding TP adjustments on AMP expenses. The TPO had made ALP adjustments claiming the assessee incurred conference, marketing and promotion expenses for the benefit of its AE. The Tribunal found the lower authorities relied on an annual report from a different group entity that had no international transactions with the assessee, making it irrelevant. Crucially, the subvention income received by the assessee exceeded the entire ALP adjustment, providing grounds for relief. The Tribunal also rejected the TPO's application of Bright Line Test, citing the Delhi HC decision in Maruti Suzuki India Ltd. Additionally, regarding disallowance of surgeon/consultant expenses under CBDT Circular No.5/2012 and Section 37(1), the Tribunal followed its own precedent favoring the assessee from AY 2010-11, holding the expenses were incurred wholly and exclusively for business purposes. Case-Laws Income Tax Wed, 10 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462858