2015 (9) TMI 484

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....ndent: Shri Yogesh Kumar, CIT-DR. ORDER PER R.P. TOLANI, JM : This is assessee's appeal. Following effective grounds are raised:- "Grounds on Transfer Pricing Issues - 1. The TPO/AO/DRP erred in facts and in law in holding advertising, marketing and promotional ("AMP") expenditure as a separate international transaction under Section 92B of the Act, without appreciating the functioning pro....

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....uting the taxable income whereas the said amount has been included by the learned TPO while computing the alleged excessive AMP expenditure. Grounds of appeal on Corporate Tax Issues - 1. That on the facts and circumstances of the case and in law, the AO/DRP erred in disallowing Rs. 12,27,51,778, being 10 percent of total advertisement and selling expenses on the ground that it resulted in endur....

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....e issue of double disallowance also back to the file of the Assessing Officer. Therefore, following the ITAT's order, the same may be set aside. Learned counsel further informs that Hon'ble Delhi High Court has also decided a similar issue in the case of associated concern Sony India P.Ltd. in ITA No.1285/2009 vide order dated 22nd February, 2012. 3. Learned DR concedes that in view of the IT....