ALP of higher AMP expenditure cannot be determined without first establishing that it is an international transaction

Yakult Danone India Pvt. Ltd. Vs DCIT (ITAT Delhi) The issue involved in that appeal is also with respect to the determination of ALP of AMP functions. In para number 6.10 of that order the coordinate bench has rejected the Bright line test applied by the learned transfer pricing officer and further held that AMP expenditure cannot be considered as an international transaction in the facts and circumstances of the case of the assessee. The learned departmental representative could not show us any reason to deviate from such an order in assessee’s own case for earlier year. Even in this p...