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
towards
30
ITA Nos.5621 &5496/Del/2014
transfer pricing adjustment on AMP expenses. The assessee is
aggrieved against such adjustment ... making any elaborate arguments on the issue,
candidly submitted that transfer pricing adjustment of AMP expenses is
a recurring issue before the tribunal
Grounds in relation to transfer pricing adjustment:
The Learned transfer Pricing Officer ('TPO') and the Learned AO, under the directions issued ... Transfer Pricing grounds
2.9 Erred in law and on facts in disregarding the Transfer Pricing study maintained by
the Assessee and rejecting the Resale price
Transfer pricing officer
with respect to determination of arm's length price of international
transactions. The Ld. Transfer pricing officer proposed transfer pricing
adjustment ... international transaction with a certain disclosed price. The transfer
pricing adjustment envisages the substitution of the price of such
international transaction with
contention of
the assessee that the addition on account transfer pricing adjustment of
AMP expenses be deleted without any examination of the AMP functions
carried ... assessee
did not separately report the international transaction of AMP expenses.
Even under the transfer pricing analysis done by it on entity level, there
length price (ALP) of
the international transactions, the Transfer Pricing Officer (TPO)
2
ITA No.1073/Del/2017
observed that the assessee incurred AMP expenses ... worked out transfer pricing adjustment on protective basis, by applying
the bright line test, at Rs.298.84 crore; and transfer pricing adjustment
on substantive
Transfer Pricing Officer (TPO). The
TPO accepted that the international transaction of was at ALP. He,
however, made transfer pricing adjustment from the international
transaction ... order, incorporating the proposed transfer pricing adjustment, before the
Dispute Resolution Panel (DRP). Apart from upholding the substantive
transfer pricing adjustment made by the Assessing
under:
11
ITA No. 1835/Del/2015
(a) Transfer pricing adjustment on account of AMP Expenses -
Following Special Bench decision in case of LG Electronics ... party. Transfer
Pricing valuation, therefore, would be mandated at that time. The
international transaction could then be made a subject matter of
transfer pricing
observed that all the Transfer Pricing Grounds of
objections of the assessee was related to the transfer pricing adjustment
towards AMP expenses. The DRP further ... aside the impugned order on the issue of transfer
pricing additions towards AMP expenses and remit the matter to the file
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 ... assessee's
own case, the issue relating to transfer pricing i.e. AMP
expenses, is restored to the file
