THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -1 vs. PEPISCO INDIA HOLDING PVT. LTD.
What did the High Court hold?
The Delhi High Court held that the Income Tax Appellate Tribunal's computation of Advertisement, Marketing, and Promotion (AMP) expenses, which was based on the adoption of the Bright Line Test, would not sustain. This finding is directly in light of the Court's prior judgment in Sony Ericson v. CIT [2015 SCC OnLine Del 8083]. Consequently, the Court found no merit in the appeals filed by the Revenue. The appeals were dismissed.
What were the facts?
These appeals by the Principal Commissioner of Income Tax (Revenue) challenge orders of the Income Tax Appellate Tribunal (ITAT) concerning assessment years not specified in the provided text. The respondent is PepsiCo India Holding Pvt. Ltd. (Assessee). The appeals were listed for hearing, and the Court had previously decided principal questions, leaving the issue of Advertisement, Marketing, and Promotion (AMP) expenses for further submissions. The ITAT's computation regarding AMP expenses was based on the adoption of the Bright Line Test.
What were the issues?
1. Whether the Income Tax Appellate Tribunal erred in its computation of Advertisement, Marketing, and Promotion (AMP) expenses by adopting the Bright Line Test. This is a question of law. Assessee's Contentions: Not recorded in the provided text. Revenue's Contentions: The Revenue argued that the ITAT's computation of AMP expenses based on the Bright Line Test was unsustainable. They relied on the judgment of the Delhi High Court in Sony Ericson v. CIT [2015 SCC OnLine Del 8083].
AI-generated summary — verify with the full judgment below
$~72 to 85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 682/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPISCO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
73 + ITA 690/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPISCO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
74 + ITA 697/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
75 + ITA 698/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
76 + ITA 705/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
77 + ITA 706/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
PEPSI FOODS PVT. LTD. (NOW KNOWN AS - M/S
PEPSICO INDIA HOLDING PVT. LTD.) ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
78 + ITA 715/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
79 + ITA 718/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
80 + ITA 723/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
versus
PEPSICO INDIA HOLDING PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
81 + ITA 752/2019
THE PR. COMMISSIONER OF INCOME TAX -CENTRAL -
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT. LTD ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
82 + ITA 152/2023
THE PR COMMISSIONER OF INCOME TAX CENTRAL 1
..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDING PVT LTD ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
83 + ITA 342/2023
PRINCIPAL COMMISSIONER OF INCOME TAX-7, DELHI This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
..... Appellant
Through: Mr. Agarwal, Sr.SC with Mr.
Shivansh B. Pandya and Mr.
Viplav Acharya, Jr.SCs along
with Mr. Utkarsh Tiwari, Adv.
versus
PEPSICO INDIA HOLDINGS PVT. LTD. & ANR. ..... Respondents
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
84 + ITA 184/2023
THE PR. COMMISSIONER OF INCOME TAX -7 ..... Appellant
Through: Mr. Ruchir Bhatia, Sr.SC with
Mr. Anant Mann, Jr.SC.
versus
PEPSICO INDIA HOLDINGS PVT. LTD. ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
85 + ITA 496/2023
PR. COMMISSIONER OF INCOME TAX, DELHI-7 ..... Appellant
Through: Appearance not given.
versus
PEPSICO INDIA HOLDING PVT LTD ..... Respondent
Through: Mr. Deepak Chopra, Mr.
Anmol Anand, Mrs. Priya
Tandon and Ms. Sheetal
Kandpal, Advs.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
O R D E R %
16.05.2024
We had in terms of our order of 01 April 2024 decided all the principal questions and had left it open for learned counsels to address submissions on the question of Advertisement, Marketing and Promotion [“AMP”]. 2. However and upon going through the order of Income Tax Appellate Tribunal and insofar as it deals with the aforesaid issue, we find that the AMP computation was based on the adoption of the Bright Line Test. That would clearly not sustain in light of the judgement rendered by the Court in Sony Ericson v. CIT [2015 SCC OnLine Del 8083]. 3. In view of the aforesaid, we find no merit in these appeals. The same shall stand dismissed.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J. MAY 16, 2024/p This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:36:25
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