2017 (1) TMI 1083

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....raj Jain and Mr. Aniket D. Agrawal, Advs.   Respondent Through: Mr. Ashok Manchanda and Mr. Raghvendra Singhj, Advs. S. RAVINDRA BHAT (Oral) 1. The questions of law that arose for consideration in these appeals were framed on 27.07.2016. The facts of the case pertain to Assessment Year (A.Y.) 2009-10 and A.Y. 2010-11. The Transfer Pricing Officer ("T.P.O.") and the Assessing Officer ....

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....d the issue with respect to the determination of AMP in the outbound segment, to the A.O. The Assessee, therefore, is aggrieved and contends that the I.T.A.T.'s decision, based upon an assumption of existence of outbound business being an international transaction, is erroneous. 2. The Court notices that all the tax authorities consistently applied the "bright line method" which was applicable ....

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....ra) indicated that AMPs were or did constitute the basis for an inquiry into the international transaction and indicated a "bright line" test for it, Sony Ericsson Mobile Communications India Pvt. Ltd.(supra) overruled that decision. This per se does not mean that every endeavour will be to conclude that all transactions reporting AMPs are to be treated as international transactions, the facts of ....