2023 (12) TMI 771

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...., Senior Standing Counsel with Mr Shivansh B. Pandya and Mr Utkarsh Tiwari, Advocates. For the Respondent Through: Counsel (appearance not given). ORDER CM APPL. 61978/2023 1. Allowed, subject to just exceptions. ITA 674/2023 2. This appeal concerns Assessment Year (AY) 2010-11. 3. Via the instant appeal, the appellant/revenue seeks to assail the order dated 27.03.2023 passed ....

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....der dated 16.11.2021 which is embedded in the impugned order and concerns the respondent/assessee is extracted hereafter: "7. It is not in dispute that the case of the assessee has been that the primacy engagement of the assessee is in manufacturing operations and the AMP expenditure incurred by it is to the benefit of its operations in India. In the case of the assessee, Tribunal took in....

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....learned Assessing Officer to act in accordance with the Findings of the Hon'ble Apex Court to be given in the pending matters." 6. A perusal of the aforesaid extract would show that the Tribunal ruled in AY 2008-09 that the excessive AMP expenditure did not fall in the category of an international transaction and, therefore, the adjustment made qua the same was unsustainable in the eyes of law.....

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.... that an international transaction had occurred between the assessee and the associated enterprise. This view was also founded on the decision of the coordinate benches of this court rendered in Bausch & Lamb Eye Care (India) Pvt. Ltd. viz Additional CIT (2016) 351 ITR 227 (Del.) and Honda Siel Power Products Ltd. v. Dy. CIT (2016) 237 Taxman 304. 8.1 Mr Sunil Aggarwal, learned senior standing ....