No TP adjustment for higher AMP expenses w.r.t. comparable entities

Brief of the Case ITAT Bangalore held in the case of M/s Essilor India Pvt. Ltd. vs. DCIT that no TP adjustment can be made by deducing from the difference between AMP expenditure incurred by assessee and AMP expenditure of comparable entity, if there is no explicit arrangement between the assessee and its foreign AE for incurring such expenditure. The fact that the benefit of such AMP expenditure would also benefit to its foreign AE is not sufficient to infer existence of international transaction. The onus lies on the revenue to prove the existence of international transaction involving AMP ...