2019 (1) TMI 796

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....e Revenue : Shri H.K. Chaudhary, CIT DR ORDER PER K. NARASIMHA CHARY, JM Challenging the order dated 25.10.2018 for the Asstt. Year 2014-15 passed by the Dy. Commissioner of Income-tax, Circle 25(2), New Delhi pursuant to the directions of the Dispute Redressal Panel dated 10.09.2018, assessee preferred this appeal. 2. Briefly stated, relevant facts are that the assessee i.e. Toshiba I....

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....ssee had undertaken DEMPE function associated with brand and it could be construed as the economic owner of the brand and entitled to residual profits in India; that inasmuch as it is a manufacturer and not just distributor, the judgment of the Hon'ble jurisdictional High Court in the case of Sony Ericsson (2015) 55 Taxmann.com 240(Del) has no application.Assessee placed reliance on the decision o....

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....ve basis, the adjustment to the income of the tax payer on the AMP based on substantive basis was revised to nil, and in so far as the addition on protective basis is concerned, after excluding the comparable M/s Cerebra Integrated Technologies Ltd., TPO revised the same from Rs. 78,87,40,910/- to Rs. 73,42,99,419/- following the BLT method on the ground that the department is in appeal against th....

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....his Tribunal in the case Nikon India P. Ltd., ITA No.4574/Del/2017 dated 20.9.2017 and held that in the light of the decision of the Hon'ble jurisdictional High Court in the case of Sony Ericson Mobile Communications (India (P) Ltd.(supra), no adjustment by application of BLT method could be sustained on protective basis having no statutory mandate. This finding of the Tribunal in ITA No.6531/Del/....