2014 (11) TMI 986 - AT - Income Tax

Deletion of the addition on account of the arm s length price - held that - ALP adjustments can only be made in respect of international transactions with the AEs and cannot extend to the transactions with non AEs. - There are large number decisions of the coordinate benches including in the case of Alstom Projects India Ltd Vs ACIT 2013 (8) TMI 442 - ITAT MUMBAI holding so. In the case of CIT Vs Stratex Networks India Pvt Ltd (2013 (5) TMI 277 - DELHI HIGH COURT) Hon ble jurisdictional High Court has also accepted this position. Learned Departmental Representative even as vehemently relying upon the stand of the TPO does not dispute this legal position but he contends that the factual elements embedded in this contention at least on computation aspect need to be verified by the TPO - it fit and proper to uphold the stand of the CIT(A) in principle but remit the matter for the limited purposes of verifying the computation of excluding transactions with non- AEs in calculating the ALP required to be made under the TNMM method. To this extent the matter is restored to the file of the TPO. - Decided in favour of Revenue.

Summary

Issues:
- Appeal against the deletion of addition on account of arm's length price in assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2004-05.
- Application of TNMM method in international transactions with AEs and non-AEs.
- Dispute over the profitability of non-AE segments and the computation of ALP under TNMM method.

Analysis:
1. The appeal challenged the deletion of an addition on account of the arm's length price in an assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2004-05. The Assessing Officer contended that the CIT(A) erred in deleting the addition. The Tribunal referred to a similar case, DCIT Vs Alcatel India Limited, and decided that the principles applied in that case would apply mutatis mutandis in the present appeal due to similar material facts and circumstances.

2. The Tribunal highlighted that the ALP adjustments should only be made concerning international transactions with associated enterprises (AEs) and not extend to transactions with non-associated enterprises. This principle is supported by various decisions, including the case of Alstom Projects India Ltd Vs ACIT and CIT Vs Stratex Networks India Pvt Ltd. The Tribunal upheld the CIT(A)'s stand in principle but remitted the matter to the Transfer Pricing Officer (TPO) for verifying the computation of excluding transactions with non-AEs in calculating the ALP under the TNMM method.

3. The Tribunal emphasized that the factual verification regarding the exclusion of transactions with non-AEs in the ALP calculation under the TNMM method should be done by the TPO. While upholding the CIT(A)'s stand, the Tribunal remitted the matter to the TPO for limited factual verification. The appeal was allowed for statistical purposes, and the matter was restored to the file of the TPO for further examination.

In conclusion, the judgment addressed the application of the TNMM method in international transactions with AEs and non-AEs, emphasizing the need for accurate computation of ALP adjustments and profitability of non-AE segments. The decision upheld the principle that ALP adjustments should only pertain to transactions with AEs, requiring further verification by the TPO for factual accuracy in the computation process.