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1 - 10 of 14 (0.26 seconds)The Income Tax Act, 1961
Additional Commissioner Of Income Tax vs Nestle India Ltd. on 10 January, 2005
Reference can be also made to
the decision of Delhi High Court in CIT v. Nestle India Ltd. [2011]
337 ITR 103/199 Taxman 321/11 taxmann.com 106, holding that
the question of reasonableness or measure of expenses to be
allowed cannot be a subject matter of adjustment or
disallowance under Section 37(1) of the Act.
M/S. Maruti Suzuki India Ltd vs Commnr. Of Central Excise, New Delhi on 12 March, 2015
As in the previous year Hon'ble high court in the assessee's own case
has held that incurring of the alleged AMP expenses are international
transaction and further whether the functions performed by the
assessee were properly compensated or not by the AE, no evidences
were submitted before us by the assessee which suggest that the facts
as has been decided by the Hon'ble high court are different in this
year. Further more Hon'ble high court in the Maruti Suzuki India
Limited versus Commissioner of income tax (supra) in para amber 60
at page No. 32 of 45, has held that the revenue has to show that
there exists an agreement or arrangement or understanding where
the assessee is obliged to spend excessively on advertisement
marketing and promotion in order to promote the brand of AE de
hors Bright Line Test that provisions of section 92B are satisfied.
Before us both the parties have argued at length on the basis of
several judicial precedents but has not adduced the relevant facts
supported with relevant details or tables.
Article 1 in Constitution of India [Constitution]
Finance Act, 2012
Sony Ericsson Mobile Communications ... vs Commissioner Of Income Tax ??? Iii on 16 March, 2015
6. The present case concerns in relation to AY 2006-07. The specific plea
of the Assessee before the ITAT that there was no international
transaction involving the AE for AMP expenses was not decided by the
ITAT in the impugned order. However, in terms of the decision of this
Court in Sony Ericsson (supra) the ITAT has remanded the matter to the
Transfer Pricing Officer (TPO) for the purposes of determination of the ALP
of the said transaction.