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Case Law Details

Case Name : Loreal India P. Ltd. vs. DCIT (ITAT Mumbai)
Related Assessment Year : 2008-09,2009-10,2010-11
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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 interna

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