short "the Act"), the Transfer
Pricing Officer (TPO) on verifying the transfer pricing study report
furnished by the assessee found that during ... verifying
the transfer pricing study report, the Transfer Pricing Officer noticed
that while computing the margin, the assessee had excluded the AMP
expenditure. However
this Tribunal for deciding the Transfer Pricing issue relating to AMP
expenses in the light of prevailing jurisprudence.
14
6. As stated above, the assessee ... Tribunal vide order dated 05.10.2016
remanded the issue of Transfer Pricing adjustment pertaining to
AMP expenses back to the file of the TPO holding that
expenditure, the approach of the Transfer Pricing Officer and the DRP
in making transfer pricing adjustment on account of AMP expenditure
is against settled principle ... disclosed price. The transfer pricing
adjustment envisages the substitution of the price of such
international transaction with the ALP.
64. The transfer pricing adjustment
length price. The Transfer Pricing Officer after examining
the transfer pricing study report as well as other materials on record
issued a show cause notice ... case, the
entire approach of the Transfer Pricing Officer in determining the arm's
length price of AMP expenditure is fallacious.
7. Moreover, there
Transfer Pricing Officer (TPO) for determining the arm's length price
(ALP) of the international transactions, the TPO noticed that the
assessee incurred AMP ... account of AMP expenses but has factored in the AMP intensity
adjustment in the profit margin of the comparables and made transfer
pricing addition
course of undertaking a Transfer Pricing Study, the
Transfer Pricing Officer took note of the following international
2
AMP
3
Act
Signature Not Verified
Digitally ... transfer pricing adjustment envisages the
substitution of the price of such international transaction
with the arm's length price.
64. The transfer pricing adjustment
course of undertaking a Transfer Pricing Study, the
Transfer Pricing Officer took note of the following international
2
AMP
3
Act
Signature Not Verified
Digitally ... transfer pricing adjustment envisages the
substitution of the price of such international transaction
with the arm's length price.
64. The transfer pricing adjustment
length price and make the transfer pricing
adjustment by substituting the arm's length price for the contract
price.
63. A reading ... transfer
pricing adjustment envisages the substitution of the price of such
international transaction with the arm's length price.
64. The transfer pricing adjustment
length price and make the transfer pricing
adjustment by substituting the arm's length price for the contract
price.
63. A reading ... transfer
pricing adjustment envisages the substitution of the price of such
international transaction with the arm's length price.
64. The transfer pricing adjustment
case, the entire approach of the Transfer Pricing Officer in determining the arm's
length price of AMP expenditure is fallacious.
7. Moreover, there ... doubt that the Transfer Pricing Officer has determined the
arm's length price of AMP expenditure by applying BLT method. While doing
