2022 (8) TMI 1539

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r. Standing Counsel with Ms. Adeeba Mujahid, Jr. Standing Counsel and Mr. Nikhil Jain, Advocate. For the Respondent : Mr. Himanshu S. Sinha, Advocate with Mr. Bhuwan Dhoopar, Advocate. JUDGMENT MANMOHAN, J: (ORAL) 1. Present Income Tax Appeal has been filed challenging the Order dated 10th December, 2020 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.1114/Del/2016 for t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rred in not appreciating the finding of the TPO where the AMP expense incurred on various advertisements and marketing/sales promotion activities by the assessee was under the brand name 'SHARP' and not 'SHARP India'. 4. He further states that the ITAT has erred in its order to reject the AMP adjustment using the Bright line method by relying on the judgment in the case of Sony Ericsson (supra)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....essly paid for AMP expenses. It would be conspicuously wrong and incorrect to treat the segregated transactional value as 'NIL' when in fact the two AEs had treated the international transactions as a package or a single one and contribution is attributed to the aggregate package. Unhesitatingly, we add that in a specific case this criteria and even zero attribution could be possible, but ....