...shall decide the law to be applied. The award shall include directions concerning allocation of costs and expenses of and or incidental to arbitration, including arbitrators' fees..., understanding or consent of the contesting parties. It also lays down as to who shall arbiter over their dispute. It is their desire, explicitly or implicitly expressed in the agreement, which the courts...have to guard and interpret so. The statute steps in, in aid of this agreement not in derogation of it. It is only when an agreement is silent, against the public policy, or any person does not...

....5. The arbitral tribunal shall settle its own procedure and if necessary shall decide the law to be applied. The award shall include directions concerning allocation of costs and expenses of...or application of this Agreement, or concerning any rights or obligations based on or relating to the Agreement, such disputes shall be referred to and finally settled by an arbitral tribunal.... Provisions as to appointment of three or more arbitrators.—(1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third...

....(5) The Arbitral Tribunal shall settle its own procedure and if necessary shall decide the law to be applied. The award shall include directions concerning allocation of costs and expenses ...General Sales Agreement dated 5.1.1990 and reads as follows:ARTICLE XVIArbitration:(1). In the event of any dispute concerning the interpretation or...application of this agreement, or concerning any rights or obligations based on or relating to the agreement, such disputes shall be referred to and finally settled by an Arbitral Tribunal...

...or assets of such enterprise. It includes mutual agreement or arrangement between two or more associated enterprises, for allocation or appointment of or any contribution to any ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...pricing proceedings and the profits of Veer Gems not appropriately modified. Your reply should reach this office on or before 19/8/2011 positively. Please note that sufficient opportunity has already...

.... ft. This according to the assessee covers all the costs involved / incurred for this particular project as on 31.3.2015. Hence, there is no question of allocation of further costs be it direct ...assessee being the builder, there is no concept of any direct and indirect cost and that all the costs incurred would fall under direct cost except some administrative and general expenses. The..., there cannot be any further costs that could be attributed to the said projects thereon. ITA No.3042/Mum/2019 Mohammed Salim Yusuf 4 3.3. In respect of Vrindavan...

...respect to whether or not the allocation of administrative expenses and employee costs were properly made. No material has been placed before us to show that the AO even raised a query, issued show cause n...the assessee's claim for deduction under section 10B of the Act, the AO did not call for or examine the details in respect of allocation of administrative expenses of Rs. 6,16,23,924/- an...that no query was raised by the AO in respect of the allocation of administrative expenses and employee costs in the Lote unit in the said two periods. In fact no material has been brought on record to...

...objected to such allocation of the costs and held that the additional evidence is nothing but repetition of the argument placed before the TPO. He further stated that the allocation of ...more profit. He submitted that all these exercises have been done by the TPO only for rejecting the segmental results and not to disturb the overall actual profits or costs. Coming to the rejection of allocation ...does not have proper or actual basis. This itself is a very good ground for rejecting the segmental results. He also pointed out certain discrepancies in the allocation of certain expenses in the...

...enterprises enter into a mutual agreement or arrangement for the allocation or apportionment of, or any contribution to any costs or expenses incurred or to be incurred ...the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be pro...international transaction shall be computed having regard to the arm's length price. It further provides that the costs or expenses allocated or apportioned between two or more associated enterprises...

...) of section 92 requires that where in an international transaction, two or more associated enterprises enter into a mutual agreement or arrangement for the allocation or apportionment of...price. (2) Where in an international transaction, two or more associated enterprises enter into a mutual agreement or arrangement for the allocation or apportionment of, or any contribution to, an...or expenses allocated or apportioned between two or more associated enterprises shall be at arms length prices. The proposed new sections 92A and 92B provide meanings of the expressions associated...

...the matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...the profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment ...

...enterprises, and shall include a mutual agreement or arrangement between two or more associated enterprise for the allocation or apportionment of, or any contribution to, any costs ...expenses. The Honble High Court has held, inter alia, that the international transaction of AMP expenses should be bundled or aggregated with other international transaction carried out by the assessee as a...viewed in a de-bundled manner or separately [Paras 121& 194(xi)]; Page 4 of 26 - In separately determining the ALP of AMP expenses, the TPO is free to choose any other suitable method...

...profits, income, losses or assets of such enterprises, and shall include a mutual agreement or arrangement between two or more associated enterprise for the allocation or apportionment of...expenses. The Hon'ble High Court has held, inter alia, that the international transaction of AMP expenses should be bundled or aggregated with other international transaction carried out by the assessee...survives, then the TNMM should be discarded and an alternative method, may be, Cost plus or any other suitable method be applied for determining the ALP of AMP expenses.14. At the...

...the matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...the profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment ...

..., all expenses have to be considered, including expenses, which are to be allocated. Thus, any allocation of head office expenses cannot be made on the basis of the net profit before ...corporate administrative expenses incurred at the head office on the basis of sales or on the basis of the activity performed, as against the method of allocating such expenses on the basis ....c) Only selling & distribution expenses and administrative expenses, which are in the nature of indirect costs, have been incurred at the head office and have been allocated to the various...

...point out to why and how the method of allocation of expenses made by the respondent-assessee is incorrect and/or bad.(e) In the above circumstances, the question No. 3 as framed does not gi...of Rs. 3.37 crores. This restriction of rebate on account of not accepting allocation of expenses at Rs. 40.8 lakhs as claimed by respondent-assessee on the ground that it was not on reasonable ba....(b) In appeal, the Commissioner of Income Tax (Appeals) allowed the respondent's appeal after holding that Assessing Officer had without any reason rejected the allocation of expenses...

...the matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...the profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment ...

...the matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...the profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment ...

...matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided ...profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment of...

...is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service or facility. We need not, therefore, de...enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided ...enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expe...

...the matter is not really relevant because it is not a case of allocation of, apportionment of, or contribution to, any costs or expenses in connection with a benefit, service ...arrangement between two or more associated enterprises for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a ...the profits, income, losses or assets of such enterprises and shall include a mutual agreement or arrangement between two or more associated enterprises for the allocation or apportionment ...