Case Law Details
Case Name : Loreal India P. Ltd. vs. DCIT (ITAT Mumbai)
Related Assessment Year : 2008-09,2009-10,2010-11
Courts :
All ITAT ITAT Mumbai
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CA Saurabh Chokhra
Brief of the case:
The ITAT Mumbai in the above cited case held that Advertising, Promotion and Marketing expenses (AMP) cannot be considered as international transaction unless there exist an agreement between the assessee and its AE to share/reimburse the AMP expenditure incurred by the assessee in India.
In absence of such an agreement the first and primary precondition of treating the transaction in question an international transaction remains un – fulfilled. Conducting functional & risk analysis or adopting an appropriate method is the second stage of transf...
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Author Bio
This is a Mumbai Tribunal Decision. Please correct your post/page it says Bombay High Court