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ARTICLE · 26 APRIL 2018

Incidental Brand Building Of Associated Enterprise

S.S. Rana & Co.
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The Income Tax Appellate Tribunal, New Delhi delivered a landmark judgment in the case of Honda Siel Power Products Ltd. v. DCIT pronounced on April 17, 2018 wherein the ITAT has added clarity to the position ...

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Background:

The Income Tax Appellate Tribunal, New Delhi (hereinafter referred as 'ITAT') delivered a landmark judgment in the case of Honda Siel Power Products Ltd. v. DCIT1 pronounced on April 17, 2018 wherein the ITAT has added clarity to the position with respect to transfer pricing issues related to advertising, marketing and promotion expenditure (hereinafter referred as 'AMP expenses') amongst other issues.

Issues of law raised in the appeal:

The following issues were raised and discussed by the ITAT:

  1. Transfer Pricing issues with respect to AMP expenses;
  2. Other issues:

    1. disallowance of royalty and technical guidance fees;
    2. disallowance of provision for warranty;

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