2023 (12) TMI 771

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....ya 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 by the Income Tax Appellate Tribunal [in short "Tribunal"].....

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....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 into consideration the submissions made by the Ld. DR that the matter rela....

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....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. This conclusion was based on a finding of fact that the respondent/asses....

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.... 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 counsel, has not been able to demonstrate that the position which obtained in....