2024 (7) TMI 1567

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.... For the Respondent: Mr Himanshu Sinha, Adv ORDER RAJIV SHAKDHER, J. (ORAL): 1. This appeal concerns Assessment Year (AY) 2012-13. 2. Via this appeal, the appellant/revenue seeks to assail the order of Income Tax Appellate Tribunal [in short, "Tribunal"] dated 06.10.2020. 3. The central issue which arises for consideration in the present appeal is: whether Advertising, Marketing and Promotio....

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....in fact, an appeal was instituted. 6. That said, Mr Bhatia has drawn our attention to the decision dated 29.03.2019 rendered by the Tribunal in the respondent/assessee's case for AY 2011-12. In particular, Mr Bhatia has drawn our attention to paragraph 6.9 of the said decision, which alludes to the Tribunal's decision rendered in Pepsico India Holdings (P) Ltd. v. ACIT, (2018) 100 Taxmann.com 159....

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....he exercise to separate 'routine' and 'non-routine' AMP or brand building exercise by applying 'bright line test' of non-comparables should be sanctioned and in all cases, costs or compensation paid for AMP expenses would be 'NIL', or at best would mean the amount or compensation expressly paid for AMP expenses. It would be conspicuously wrong and incorrect to treat....

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....ki India Ltd. 10. We may also note that it is the submission of Mr Himanshu Sinha, who appears on behalf of the respondent/assessee, that in the subject trademark licensing agreement and royalty agreement, there is nothing which is suggestive of the fact that there was any arrangement or agreement obtaining between the respondent/assessee and its Associated Enterprise (AE), to spend money on AMP.....