Tribunal held that when there is an agreement that overseas associated enterprise will share AMP expense of assessee when benefitted, the AMP expense becomes an international transaction and, TPO cannot be debarred from examining said international transaction with respect to arm’s length price. Matter remanded. (AY. 2010-11)
Diageo India (P.) Ltd. v. ACIT (2020) 182 ITD 362 / 205 TTJ 622 (Mum.)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-AMP expenses-TPO cannot be debarred from examining said international transaction with respect to arm’s length price.[S. 92B]