Existence of International Transaction Must Be Analyzed Before Benchmarking AMP Expense

PCIT-1 Vs Beam Global Spirits & Wine (India) Pvt. Ltd. (Delhi High Court)

Delhi High Court held that before undertaking a benchmarking of Advertisement, Marketing and Promotion [AMP expenses], it was incumbent upon the TPO to have found that an international transaction had, in fact, occurred. Thus, appeal of evenue dismissed.

Facts- These two appeals pertain to Assessment Years 2009-10 and 2012-13 and raise the question of whether the Advertisement, Marketing and Promotion expenditure incurred by the respondent-assessee would constitute an “intern

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