2015 (10) TMI 1373

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....enue : Shri Peeyush Jain & Y. K. Verma ORDER Per R. S. Syal , AM: This appeal by the assessee is directed against the order passed by the Assessing Officer u/s 143(3) r.w.s 144C(13) on 07.01.2014 in relation to the assessment year 2009-10. 2. The only issue pressed in this appeal is against the Transfer Pricing Adjustment on account of AMP expenses. 3. We have heard the rival submis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... eventual order, the Special Bench restored the matter to the file of the AO/TPO for fresh determination of Transfer Pricing Adjustment in relation to AMP expenses. In order to enable the determination of correct ALP of AMP expenses, the Tribunal listed out 14 parameters at Para 17.4 of its order which should be examined by the AO/TPO before reaching the final conclusion about the warrant for a TP....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....extends to a distributor, whether he is a bearing full risk or least risk. Thus, such tests are applicable with full vigor to the extent applicable, to the distributors. There is nothing in the special bench order which restricts its operation only to the `Manufacturers'. Though there is a specific ground for the relief in the light of the order by the Delhi tribunal in the case of BMW India Priva....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uded in these AMP expenses should first be excluded and thereafter the remaining amount of expenses should be processed for the purpose of TP adjustment, if any. In the opposition, the ld. DR relied on the impugned order on this score. 5. We agree in principle with the contention that the expenses directly connected with sales should be excluded. The Special Bench in LG Electronics (supra) has ....