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3. The authorities below namely TPO and DRP had proceeded to complete the assessment with the understanding that they have the BLT tool to bench mark the international transaction of AMP expenditure. Even Hon'ble ITAT accepted that stand. Hon'ble High Court has, however, negated their approach. Such legal standard and ratio as understood and applied by TPO and DRP as well as Hon'ble ITAT has been found to be incorrect.
4. In Sony Ericsson Mobile Communications (supra) Hon'ble Court has set aside the matter to Hon'ble ITAT for de novo consideration on the reasoning that the legal standards or ratio accepted and applied by the Tribunal were erroneous and facts have to be ascertained and applied on the basis of the legal ratio expounded in that decision. This is evident from para 193 of the said judgment. The relevant portion is reproduced below: