O R D E R

% 01.12.2023

[Physical Hearing/Hybrid Hearing (as per request)]

CM APPL. 61978/2023

1. Allowed, subject to just exceptions.

ITA 674/2023

2. This appeal concerns Assessment Year (AY) 2010-11.

3. Via the instant appeal, the appellant/revenue seeks to assail the order dated 27.03.2023 passed by the Income Tax Appellate Tribunal [in short

“Tribunal”].

4. Mr Sunil Aggarwal, learned senior standing counsel who appears on behalf of the appellant/revenue, says that the only issue which arises for consideration is: whether the adjustment made by the Transfer Pricing Officer (TPO), concerning Advertising, Marketing and Promotion (AMP

expenses) by applying the Bright Line Test was sustainable.

4.1 It is, however, not disputed by Mr Sunil Agarwal that in Assessment Year (AY) 2008-09, the Tribunal via order dated 16.11.2021 has ruled in favour of the respondent/assessee.

5. As a matter of fact, the order impugned in the instant appeal, to which we have made a reference above, extracts the relevant parts of the Tribunal’s order dated 16.11.2021. For convenience, a part of the order dated 16.11.2021 which is embedded in the impugned order and concerns the respondent/assessee is extracted hereafter: