2013 (6) TMI 800 - AT - Income Tax

Summary

Issues Involved:

1. Transfer pricing adjustment for export of spare parts and components.
2. Rejection of external TNMM approach and application of internal TNMM.
3. Disallowance of additional depreciation on computers.
4. Disallowance of depreciation on goodwill.
5. Disallowance of depreciation on leasehold rights and alternate claim for deduction over the lease period.
6. Initiation of penalty proceedings u/s 271(l)(c) and levy of interest u/s 234B and 234C.

Summary:

1. Transfer Pricing Adjustment for Export of Spare Parts and Components:
The Tribunal found that the assessee benchmarked its international transactions using the TNMM method based on external comparables, while the income-tax authorities used an internal TNMM approach. The Tribunal concluded that the internal TNMM mechanism was inappropriate due to functional and economic differences in the transactions. The Tribunal remanded the issue back to the AO for verification and appropriate order in accordance with law.

2. Rejection of External TNMM Approach and Application of Internal TNMM:
The Tribunal upheld the assessee's use of external comparables for benchmarking and found the internal TNMM mechanism applied by the income-tax authorities inappropriate. The Tribunal directed the AO to re-determine the ALP of the impugned international transaction considering the external comparables and the +/-5% benefit.

3. Disallowance of Additional Depreciation on Computers:
The Tribunal allowed the assessee's claim for additional depreciation on computers installed in the factory, following the precedent set in the assessee's own case for earlier years. The AO was directed to allow the claim accordingly.

4. Disallowance of Depreciation on Goodwill:
The Tribunal restored the issue of depreciation on goodwill to the AO for examination in light of the Tribunal's observations in the assessee's own case for earlier years. The AO was directed to decide the issue after providing an opportunity of being heard to the assessee.

5. Disallowance of Depreciation on Leasehold Rights and Alternate Claim for Deduction Over the Lease Period:
The Tribunal restored the issue of depreciation on leasehold rights to the AO for re-adjudication in light of the Tribunal's observations in the assessee's own case for earlier years. The AO was also directed to consider the alternative claim for deduction of lease rentals paid in advance over the lease period.

6. Initiation of Penalty Proceedings u/s 271(l)(c) and Levy of Interest u/s 234B and 234C:
The Tribunal did not specifically address this issue in the judgment.

Conclusion:
The appeal was partly allowed, with several issues being remanded to the AO for re-examination and appropriate orders in accordance with the law and the Tribunal's observations.