Assessee to demonstrate its claim that no mark up adjustment was required

IT/ILT : Where TPO made addition to assessee's ALP by applying mark up of 15.27 per cent on reimbursement of AMP expenses incurred to promote brand name of parent company, impugned addition was to be set aside and, matter was to be remanded back with a direction to assessee to demonstrate its claim that no mark up adjustment was required
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[2015] 53 taxmann.com 299 (Delhi - Trib.)
IN THE ITAT, DELHI BENCH 'I'
BMW India (P.) Ltd.
v.
Assistant Commissioner of Income-tax, Range-I, Gurgaon*
SMT. DIVA SINGH, JUDICIAL MEMBER
AND T.S. KAPOOR, ACCOUNTANT MEMBER
IT APPEAL NO. 385 (DELHI) OF 2014
[ASSESSMENT YEAR 2009-10]
OCTOBER  21, 2014
Section 92C of the Income-tax Act, 1961 - Transfer pricing - Computation of arm's length price (Comparables and adjustments) - Assessment year 2009-10 - Assessee was a subsidiary of BMW, Germany which was engaged in manufacturing of automobiles - During relevant year, assessee incurred AMP expenses to promote brand name of its parent company in India - In transfer pricing proceedings, TPO having applied mark up of 15.27 per cent on reimbursement of AMP expenses, made certain addition to assessee's ALP - Whether in view of order passed by co-ordinate Bench of Tribunal in assessee's own case relating to earlier assessment year, impugned addition was to be set aside and, matter was to be remanded back with a direction to assessee to demonstrate its claim that no mark up adjustment was required - Held, yes [Paras 11 and 11.1] [Matter remanded]