services availed by the Appellant from
its associated enterprises.
Transfer Pricing Adjustment on account of AMP
expenditure
2. Impugned order, to the extent it confirms ... erred, in
arbitrarily applying a mark-up on such alleged AMP
services.
Transfer pricing adjustment on account on intra-
group services
22. That
Additional Director of Income Tax, Transfer Pricing-II (IV), New Delhi
(hereafter the Transfer Pricing Officer i.e. TPO) under Section 92CA ... transfer pricing adjustment can be made by the Transfer Pricing
Officer/ Assessing Officer in respect of expenditure treated as
AMP Expenses
Transfer Pricing Officer (TPO) in determining the arm's length
price (ALP) of the international transaction of Advertising, marketing
and promotion expenses (AMP expenses ... transfer pricing addition, which action is also intra vires.
17. Now we are left with the merits of addition on account of transfer
pricing adjustment
transfer pricing
adjustment due to difference in the arm's length price of
the international transaction of incurring of
advertisement, marketing and promotion (AMP ... relevant material on record qua the addition on
account of transfer pricing adjustment of AMP expenses.
5. During the course of hearing the ld. Counsel
entire claim, the submissions and detailed Transfer Pricing Study on
record he did not consider the AMP issue which ... accepted the assessee's Transfer Pricing Report and has
Page 14 of 36
I.T.A .No.-1062 & 1063/Del/2013
merely changed
this appeal is against the
addition of transfer pricing adjustment on account of AMP expenses.
3. At the outset, the ld. AR submitted that ... AMP expenses. If the existence of
such an international transaction is not proved, the matter would end
there and then, calling for no transfer pricing
second Ground of appeal deals with Transfer Pricing Adjustment for
disallowance of Advertisement Marketing and Promotion (AMP) Expenses
amounting to Rs.8.09Crores.The brief ... that transfer pricing is applicable only in respect
of income arising/expenses incurred from/for an international transaction, that
the TPO had treated AMP expenditure
purchase price being lower, the Indian AE gets
adequately compensated and, therefore, no transfer pricing adjustment is
required. In case we treat the AMP expenses ... length price. The purchase price adjustments/set off would be
mandated to arrive at the arm's length price, if the AMP expenses
purchase price being lower, the Indian AE gets
adequately compensated and, therefore, no transfer pricing adjustment is
required. In case we treat the AMP expenses ... length price. The purchase price adjustments/set off would be
mandated to arrive at the arm's length price, if the AMP expenses
purchase price being lower, the Indian AE gets
adequately compensated and, therefore, no transfer pricing adjustment is
required. In case we treat the AMP expenses ... length price. The purchase price adjustments/set off would be
mandated to arrive at the arm's length price, if the AMP expenses
