HAIER APPLIANCES INDIA LTD. vs. DEPUTY COMMISSIONER OF INCOME-TAX
What did the High Court hold?
The High Court held that AMP expenses are part of international transactions and must be included in ALP determination. The choice of the most appropriate method (e.g., Resale Price Method or CUP Method) is to be decided by the TPO based on the business module.
What were the facts?
The assessee's appeal was remanded by the ITAT for determining the Arm's Length Price (ALP) in international transactions related to advertising, marketing, and sales promotion (AMP) expenses. The assessee had a grievance regarding the ITAT's observations on the resale price method.
What were the issues?
Whether AMP expenses are includible in international transactions for ALP determination and the appropriate method for such determination.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT499 citing374 ITR 118 · 2015 · HC · Read judgment
$~115 to 117 * IN THE HIGH COURT OF DELHI AT NEW DELHI
ITA 711/2016
HAIER APPLIANCES INDIA LTD
..... Appellant
versus
ASSISTANT COMMISSIONER OF INCOME-TAX ..... Respondent + ITA 712/2016
HAIER APPLIANCES INDIA LTD.
..... Appellant
versus
DEPUTY COMMISSIONER OF INCOME-TAX ..... Respondent
+ ITA 713/2016
HAIER APPLIANCES INDIA LTD.
..... Appellant
versus
DEPUTY COMMISSIONER OF INCOME-TAX ..... Respondent
Present: Mr.Neeraj Jain and Mr.Aniket D.Agrawal, Advocate for the appellants in all the matters.
Mr.Asheesh Jain, Sr.Standing counsel for revenue / respondent in all the matters.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R %
25.10.2016
C.M.38904/2016 in ITA711/2016 C.M.38906/2016 in ITA 712/2016 C.M.38908/2016 in ITA 713/2016 (for delay in refiling)
For the reasons mentioned in the applications delay in refiling the appeals is condoned.
The applications stand disposed of. C.M.38905/2016 in ITA711/2016 C.M.38907/2016 in ITA 712/2016 (for exemption)
Exemption is allowed subject to just exceptions. Applications stand disposed of. ITA 711/2016 ITA 712/2016 ITA 713/2016
Issue notice. Mr.Asheesh Jain, accepts notice on behalf of the respondents. The assessee has a short grievance with respect to the observations of the ITAT made in the course of an order that remanded the assessee’s appeal on determining ALP in its international transactions reported for AY 2006-2007 to 2008-2009. This court had in the judgment reported as Sony Ericsson Mobile Communications India P. Ltd. vs.Commissioner of Income Tax (2015) 374 ITR 118 (Del), pronounced upon the criteria which is to be adopted for treating advertising, marketing and sales promotion (AMP) expenses in any given year. The assessee was one such appellant before this court. The observations in Sony Ericsson Mobile Communications India P. Ltd.’s case (supra), in this regard is contained in the decision especially in paras 164 to 168 and 193 of the judgment. Particularly, this court held that (a) AMP expenses fall within the matrix of international transactions and are necessarily to be included in ALP determination; (b) there can be no hard and fast
rule as to appropriate method to be adopted– i.e. either Resale Price method (RP) or CUP method of Transactional Net Margin Method (TNMM). This is clear from paras 167 and 193 of the judgment which summarise the conclusion. The assessee argues that the ITAT’s observation to the effect that employing of the resale price method, would virtually cast the AMP outside the international transaction, in para 17 of the impugned judgment. However, in this court’s opinion, it cannot be held as conclusive. Rather those observations are to be considered in the light of the Sony Ericsson Mobile Communications India P. Ltd.’s case (supra), especially paras 163 to 167 and 193 of this judgment having regard to what was stated in preceding para i.e. that AMP in such cases is to be included as part of the ALP determination as component of the international transaction and also that whether the most appropriate method is resale price method or CUP method left for application by the TPO, having regard to the peculiarities of the business module adopted by the assessee. The remit by the ITAT shall be therefore decided in the light of this court’s observations in the preceding paragraph. The appeals are disposed in the above terms.
S. RAVINDRA BHAT, J
DEEPA SHARMA, J OCTOBER 25, 2016 rb
More judgments on Section 92C
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income-Tax…ITA 3453/MUM/2026[2022-23]Status: Disposed8 Oct 2026AY 2022-23
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income Tax…ITA 6805/MUM/2024[2021-22]Status: Disposed8 Oct 2026AY 2021-22
- Tbea Green Energy (India) Private Limited… vs ACIT, Central Circle 1, Vadodara, GujaratITA 592/AHD/2026[2022-2023]Status: Disposed1 Oct 2026AY 2022-2023
- Styrenix Performance Materials Limited… vs Assistant Commissioner of Income Tax…ITA 1066/AHD/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Styrenix Performance Materials Limited… vs Assistant Commissioner of Income Tax…ITA 1066/AHD/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026