Amadeus India Pvt Ltd Vs A.C.I.T (ITAT Delhi)
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal by the assessee is preferred against the order dated 29.10.2018 framed u/s 143(3) r.w.s 144C(13) of the Income tax Act, 1961 [hereinafter referred to as ‘The Act’ for short] pertaining to A.Y 2014-15.
2. The grievance of the assessee can be summarised as under:
1) The assessee is aggrieved by the transfer pricing adjustment on account of Advertisement, Marketing and Sales Promotion [AMP] expenses on:
(i) Protective adjustment – 15,897,37,475/-
(ii) Substantive adjustment – 84,65,771/-
2) The assessee is aggrieved by the disallowance of Rs. 38,31,472/- made u/s 14A of the Act.
3. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the judicial decisions brought on record to our notice during the course of arguments.
4. Briefly stated, the facts of the case are that Amadeus India Private Limited [AIPL] is a joint venture between Ms. Radha Bhatia and family and Bird Travels Private Limited in which the former holds 95% of its equity capital and the remaining share capital of 5% is held by the latter.
5. During the year under consideration, the assessee has reported the following international transactions:
