account of advertisement, marketing and
sales promotion expenses [AMP]
4. Briefly stated, the facts of the case are that the assessee is a
Private ... holding that any expenditure in excess of the bright
line was for promotion of the brand/trade name owned by the AE,
which needed
parts
Export of spare parts
Purchase of samples
Export of samples
Payment for packing &
R&D expenses
Purchase of sales
promotion material
Class ... Export of financial goods;
iv) Purchase of goods on sample basis;
v) Purchase of sales promotion material;
As stated above, assessee is engaged
undisputed fact on record that, in respect of finished goods exported
to AEs, the entire marketing, adjustment, distribution and sales activities are
performed ... contention of the assessee that there is product dissimilarity between goods
exported to AEs and unrelated parties and, therefore, the Cost Plus Method
transfer pricing adjustments on
account of:
i) Advertisement, Marketing and
Promotion expenses [AMP] Rs. 35.09 crores
ii) Provision of marketing support services Rs. 0.15 crores ... ultimate holding company of Beam
India Holding whole of equity share capital of Beam India through its
subsidiaries.
5. During the year under consideration, Beam
goods for resales, processing charges, consumable,
computer material and spare parts of Rs.100.81 crores; and
purchases from the AEs of finished goods ... firm runs
risk of default of such payment.
Since the AEs export goods to their group entity (i.e. Casio
India), they bear
account of Advertisement,
Marketing and Promotion ("AMP") Expenses.
3. That the AO/TPO/DRP erred in computing and
sustaining a Transfer Pricing Adjustment ... thereafter
concluded that the assessee company has created
marketing intangibles for promotion of PepsiCo Inc
(AE) without receiving any compensation for the
same. The entire
import or export of any goods, nor any goods shall be
prohibited for import or export except, as may be required under this ... producers of goods (including
producers of agricultural goods)--
(i) as a whole of the like goods or directly competitive goods
certificate issued to the eligible exporters as a reward/benefit,
based on which, the scrip holder can import capital goods and
other eligible items ... transfer of specified goods, services or
technology.
(2) No goods, services or technology notified under this Chapter shall be
exported, transferred, re-transferred
finished goods 3,74,47,63,325
3. Sale of capital goods 2,43,22,114
4. Sale of software ... that profit arising in the transactions of sale of
raw material, capital goods, finished goods etc. undertaken between the
Appellant and LG India
account of Advertisement, Marketing and
sales promotion expenses
3.1.That on facts and in law the AO/TPO/DRP erred in not
appreciating that ... section 92F of the Act between appellant and its AE for
brand promotion or for establishing a marketing intangible the
TPO had no jurisdiction
