ORDER

% 31.01.2024

1. The Department has preferred these appeals against the order of the Income Tax Appellate Tribunal [“ITAT”] dated 27 May 2019. The questions of law which are proposed for our consideration are as follows:-

“A. Whether the ITAT, on the facts and circumstances of the case, has erred in deleting the addition made by the TPO on account of Advertisement, Marketing and Promotion (AMP) adjustment? B. Whether the ITAT, on the facts and circumstances of the case, has erred in its decision of treating the (Bright Line Test) BLT method for AMP adjustment as unsustainable ignoring Rule 10AB of the Income Tax Rules? C. Whether the ITAT, on the facts and circumstances of the case, has erred in rejecting the TPO’s bright line approach in determining Arm’s Length Price for the AMP expenditure incurred by the assessee? D. Whether the ITAT, on the facts and circumstances of the case, has erred in not accepting the TPO’s view that Bright Line concept is an internationally accepted economic tool which determines the expenditure incurred by a routine distributor not promoting any marketing intangible? E. Whether the ITAT, on the facts and circumstances of the case, has er