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.
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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
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
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
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
India Pvt Ltd (supra) has further held that no transfer
pricing adjustment in respect of AMP expenses can be made where the
assessee (Indian entity ... Transfer Pricing
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valuation, therefore, would be mandated at that time. The
international transaction could then be made a subject matter of
transfer pricing
AMP expenses using AMP intensity
adjustment without appreciating that the use of such an adjustment is not
mandated under the Indian transfer pricing regulations.
Royalty ... transfer pricing adjustment of royalty. The
Assessing Officer further made additions of Rs.19,54,80,6000/- on account of
Transfer Pricing Adjustment
