LG Electronics India Pvt. Ltd. v. ACIT

140 ITD 41Income Tax Appellate Tribunal2013#1007 most cited

What is LG Electronics India Pvt. Ltd. v. ACIT authority for?

The Assessing Officer or Transfer Pricing Officer can benchmark Advertisement, Marketing, and Promotion (AMP) expenses as an international transaction if it creates or is intended to create economic or commercial benefit for an associated enterprise. The 'bright line' method can be used for this purpose.

107

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

LG Electronics India Pvt. Ltd. v. ACIT · 140 ITD 41 · AMP expenses · international transaction · section 92B · section 92F · bright line method · benchmarking · associated enterprise

Sections most often in play

Section 1938Section 143(3)Section 92BSection 92CA(1)Section 115BSection 143(2)Section 14ASection 1999

Issues it is cited on

bright line testamp expendituresection 92(1)comparable uncontrolled price methodcost plus methodsection 92ffunctional analysissection 92c(3)section 80jjasection 80jjaamanagement feesbenchmarking analysis

Judgments citing LG Electronics India Pvt. Ltd. v. ACIT

DCIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 4071/MUM/2012[2008-09]Status: DisposedITAT Mumbai20 Nov 2015AY 2008-09
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…and considered the relevant material on record. The Ld. AR of the assessee has submitted that Rule 14A is not applicable in the case of Insurance Company. She has relied upon the decision of this Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT 140 ITD 41. On the other hand, the Ld. DR has submitted that when the income is non-assessable to tax being exempt then the provisions of section 14A shall be applied. This issue has been considered and decided by the Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT (supra) in para 46 as under: "46. This issue is already decided by the Coordin…

Addl CIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 3596/MUM/2011[2007-08]Status: DisposedITAT Mumbai20 Nov 2015AY 2007-08
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…and considered the relevant material on record. The Ld. AR of the assessee has submitted that Rule 14A is not applicable in the case of Insurance Company. She has relied upon the decision of this Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT 140 ITD 41. On the other hand, the Ld. DR has submitted that when the income is non-assessable to tax being exempt then the provisions of section 14A shall be applied. This issue has been considered and decided by the Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT (supra) in para 46 as under: "46. This issue is already decided by the Coordin…

Tata Aig General Insurance Company Ltd, Mumbai vs. Addl CIT RG 2(3), Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 3535/MUM/2011[2007-08]Status: DisposedITAT Mumbai20 Nov 2015AY 2007-08
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…and considered the relevant material on record. The Ld. AR of the assessee has submitted that Rule 14A is not applicable in the case of Insurance Company. She has relied upon the decision of this Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT 140 ITD 41. On the other hand, the Ld. DR has submitted that when the income is non-assessable to tax being exempt then the provisions of section 14A shall be applied. This issue has been considered and decided by the Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT (supra) in para 46 as under: "46. This issue is already decided by the Coordin…

Tata Aig General Insurance Company Limited, Mumbai vs. Addl. C.I.T. Range 2(3), Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 1702/MUM/2011[2006-07]Status: DisposedITAT Mumbai20 Nov 2015AY 2006-07
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…and considered the relevant material on record. The Ld. AR of the assessee has submitted that Rule 14A is not applicable in the case of Insurance Company. She has relied upon the decision of this Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT 140 ITD 41. On the other hand, the Ld. DR has submitted that when the income is non-assessable to tax being exempt then the provisions of section 14A shall be applied. This issue has been considered and decided by the Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT (supra) in para 46 as under: "46. This issue is already decided by the Coordin…

Addl CIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 1584/MUM/2011[2006-07]Status: DisposedITAT Mumbai20 Nov 2015AY 2006-07
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…and considered the relevant material on record. The Ld. AR of the assessee has submitted that Rule 14A is not applicable in the case of Insurance Company. She has relied upon the decision of this Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT 140 ITD 41. On the other hand, the Ld. DR has submitted that when the income is non-assessable to tax being exempt then the provisions of section 14A shall be applied. This issue has been considered and decided by the Tribunal in case of ICICI Prudential Insurance Co. Ltd. Vs ACIT (supra) in para 46 as under: "46. This issue is already decided by the Coordin…

M/S. Toshiba India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1053/DEL/2014[2009-10]Status: DisposedITAT Delhi30 Oct 2015AY 2009-10

Bench: Smt Diva Singh & Sh. T.S.Kapoori.T.A .No.-1053/Del/2014 (Assessment Year-2009-10) Toshiba India Pvt.Ltd., Vs Dcit , E-20, 1St & 2Nd Floor, Hauz Khas, Circle-16(1), New Delhi-110018. New Delhi Pan-Aabct4829N (Appellant) (Respondent) Appellant By Ms. Rashmi Chopra, Adv. Respondent By Sh. Amrindra Kumar, Cit Dr & Ms.Y.Kakkar, Sr.Dr Date Of Hearing 24.08.2015 Date Of Pronouncement 30.10.2015 Order Per Diva Singh, Jm

Section 143(3)

…after summing up the assessee’s grounds and the arguments of the respective parties restored the issue back to the file of the TPO with the direction to decide the issue in terms of the decision of the Special bench in the case of L.G. Electronics case [2013] 140 ITD 41 (Del.) (Special Bench). The same is reproduced hereunder for ready-reference:- 2. “All the grounds taken in the Memorandum of Appeal are against the transfer pricing adjustment on account of AMP expenses. 3. We have heard the rival submissions and perused the relevant material on record. At the outset, it was admitted by the ld. AR that the issue…

Nikon India Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

In the result, the appeal is allowed for statistical purposes

ITA 789/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Sept 2015AY 2010-11

Bench: Shri R.S. Syal & Shri A.T. Varkeyita No.789/Del./2015 (Assessment Year : 2010-11) M/S. Nikon India (Pvt.) Ltd., Vs. Dcit, Circle-3 Plot No. 17, Sec-32, Gurgaon. Institutional Area Gurgaon. (Pan No: Aaccn5100F) (Appellant) (Respondent) Assessee By : S/Shri Mukesh Butani & Gourav Gupta, Advocates S/Shri Suchint Majmuder & Nipun Arora, Cas Revenue By : Shri Anurag Sharma, Senior Dr Date Of Hearing : 02.07.2015 Date Of Pronouncement : 28.09.2015 O R D E R Per A.T. Varkey: This Appeal By The Assessee Under Section 253(1) Of The Income Tax Act, 1961 Is Directed Against The Final Order Passed By The Transfer Pricing Officer (Tpo) / Assessing Officer (Ao) On 05.01.2015 U/S 143(3) Read With Section 144C Of The Income-Tax

For Appellant: S/Shri Mukesh Butani & Gourav Gupta, AdvocatesFor Respondent: Shri Anurag Sharma, Senior DR
Section 143(1)Section 143(3)Section 144CSection 253(1)Section 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘I-2’ : NEW DELHI) BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER and SHRI A.T. VARKEY, JUDICIAL MEMBER ITA No.789/Del./2015 (ASSESSMENT YEAR : 2010-11) M/s. Nikon India (Pvt.) Ltd., vs. DCIT, Circle-3 Plot No. 17, Sec-32, Gurgaon. Institutional Area GURGAON. (PAN NO: AACCN5100F) (APPELLANT) (RESPONDENT) ASSESSEE BY : S/Shri Mukesh Butani & Gourav Gupta, Advocates S/Shri Suchint Majmuder & Nipun Arora, CAs REVENUE BY : Shri Anurag Sharma, Senior DR Date of Hearing : 02.07.2015 Date of Pronouncement : 28.09.2015 O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : This appeal b…