2024 (7) TMI 1567

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....Counsel with Ms Deeksha Gupta, Adv 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 i....

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....court. However, what is not clear is as to whether, 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....

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....e and do not accept the overbearing and orotund submission that the 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....

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....g Sony Ericsson Mobile Communications India (P) Ltd. and Maruti Suzuki 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 responde....