Delhi High Court - Orders
Casio India Company Private Limited vs Deputy Commisisoner Of Income Tax on 15 May, 2024
Author: Yashwant Varma
Bench: Yashwant Varma, Purushaindra Kumar Kaurav
$~18, 19 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 814/2017
CASIO INDIA COMPANY PRIVATE LIMITED
..... Appellant
Through: Mr. Nageswar Rao and Mr.
Parth, Advs.
versus
DEPUTY COMMISISONER OF INCOME TAX
..... Respondent
Through: Mr. Siddhartha Sinha, Sr.SC
with Ms. Dacchita Shahi and
Ms. Anuja Pethia, Jr.SCs.
19
+ ITA 211/2022
PR. COMMISSIONER OF INCOME TAX-1 ..... Appellant
Through: Mr. Sanjay Kumar, Adv.
versus
CASIO INDIA COMPANY PVT. LTD. ..... Respondent
Through: Mr. Nageswar Rao and Mr.
Parth, Advs.
21
+ ITA 67/2022
PR. COMMISSIONER OF INCOME TAX-1, DELHI
..... Appellant
Through: Mr. Gaurav Gupta, Sr.SC with
Mr. Shivendra Singh and Mr.
Yojit Pareek, Jr.SCs.
versus
CASIO INDIA COMPANY PVT. LTD. ..... Respondent
Through: Mr. Nageswar Rao and Mr.
Parth, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 20/05/2024 at 21:35:05
ORDER
% 15.05.2024
1. Having heard Mr. Rao learned counsel appearing for the assessee as well as Mr. Kumar and Mr. Sinha and Mr. Gupta, learned counsels appearing for the Department and on going through the order passed in ITA 155/2022, we are of the considered opinion that the appeals which are placed before us raise questions identical to those which stood framed by us in that appeal.
2. ITA 211/2022 and ITA 67/2022 shall consequently stand admitted on the following questions of law:
(a) Whether the Income Tax Appellate Tribunal ["ITAT"] was justified on facts and in law in deleting addition on account of expenses incurred by the assessee for advertisement, marketing and promotion ["AMP"] for brand-building for brand owned by the associated enterprise?
(b) Whether the ITAT was justified on facts and in law in holding that the Revenue needs to establish on the basis of tangible material or evidence that there exists an international transaction regarding brand building by way of AMP expenses despite the fact that it was held by the Delhi High Court in the case of Sony Ericsson Mobile Communications India (P.) Ltd.
v. CIT [374 ITR 118] that transaction of excess AMP is an international transaction?
3. The appeal of the assessee in ITA 814/2017 shall stand admitted on the following questions of law:
(a) Whether remand by the ITAT to Transfer Pricing Officer is not justified in law and whether, in facts and circumstances of the case, Appellant is entitled to final and conclusive This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 21:35:05 determination by the ITAT in respect of validity of Transfer Pricing adjustment towards AMP expenditure?
(b) Whether in facts and circumstances of present case, impugned order is unjust and bad in law in so far as it does not finally and conclusively delete Transfer Pricing adjustment made towards AMP expenditure?
4. Let these appeals be called again on 29.08.2024.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J.
MAY 15, 2024/p This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 21:35:06