2015 (11) TMI 1697 - AT - Income Tax

Transfer pricing adjustment - international transactions between the assessee and its A.E. towards provisions of clinical study management and monitoring support services - selection of comparable - Held that - The assessee company is engaged in manufacturing and sale of pharmaceutical products, thus companies functionally dissimilar with that of assessee need to be deselected from final list of comparable. Disallowance of depreciation claimed on assets of Ankleshwar plant allowed as decided in assessee s own case. Treatment to income from sub leasing of property - income from business OR house property income - Held that - As relying on assessee s own case we allow assessee s claim of house property income in respect of sub leasing of office premises. Levy of interest under section 234D levied

Issues Involved:
1. Transfer pricing adjustment for clinical study management and monitoring support services (CSMM).
2. Estimation of indirect costs in computing margins.
3. Determination of the most appropriate method for transfer pricing of imported finished direct formulations (FDF).
4. Disallowance of depreciation on assets of Ankleshwar plant.
5. Classification of income from sub-leasing of property.
6. Levy of interest under section 234D of the Income Tax Act.
7. Exclusion of Syngene International Pvt. Ltd. as a comparable.
8. Allowance of market research expenses as business expenditure.

Issue-wise Detailed Analysis:

1. Transfer Pricing Adjustment for CSMM:
The assessee, engaged in manufacturing and selling pharmaceutical products, used the Transaction Net Margin Method (TNMM) with OP/OC as the Profit Level Indicator (PLI) for benchmarking its transactions with its Associate Enterprise (A.E.). The Transfer Pricing Officer (TPO) rejected four out of six comparables selected by the assessee, identifying new comparables more aligned with the assessee's specialized clinical trial services. The TPO's adjustments led to an upward revision of the Arm's Length Price (ALP). The Commissioner (Appeals) partially upheld the TPO's selections and rejections, reducing the transfer pricing adjustment. The Tribunal, referencing the Delhi High Court's decision in Ramp Green Solutions Pvt. Ltd. v/s CIT, excluded certain comparables like SIRO Clinpharm Pvt. Ltd., Vimta Labs Ltd., and Choksi Laboratories Ltd., as they were not functionally similar to the assessee.

2. Estimation of Indirect Costs:
The TPO added a 5% notional indirect cost to the direct costs, which the assessee contested. The Tribunal, following its earlier decision in the assessee's case, remitted the matter back to the Assessing Officer (AO) for verification of whether indirect costs were already included in the total cost. If verified, the AO was directed not to add the indirect costs separately.

3. Determination of the Most Appropriate Method for Transfer Pricing of Imported FDF:
The assessee sought to adopt the Resale Price Method (RSPM) instead of TNMM for determining the ALP for imported FDFs, arguing it acts merely as a distributor without adding value. The Tribunal admitted the additional ground, noting that all relevant facts were on record, and remitted the issue to the AO/TPO for fresh examination, allowing the assessee to present supporting evidence.

4. Disallowance of Depreciation on Assets of Ankleshwar Plant:
The AO disallowed depreciation on assets of the closed Ankleshwar plant, which the Commissioner (Appeals) upheld. The Tribunal, referencing its own and the jurisdictional High Court's earlier decisions in the assessee's favor, allowed the depreciation claim, emphasizing that assets in a block lose their individual character.

5. Classification of Income from Sub-leasing of Property:
The AO treated income from sub-leasing office premises as business income, which the Commissioner (Appeals) confirmed. The Tribunal, following its earlier decisions and the jurisdictional High Court's rulings, upheld the assessee's claim of treating the income as house property income.

6. Levy of Interest under Section 234D:
The Tribunal, referencing its earlier decision in the assessee's case, upheld the levy of interest under section 234D, dismissing the ground raised by the assessee.

7. Exclusion of Syngene International Pvt. Ltd. as a Comparable:
The Commissioner (Appeals) excluded Syngene International Pvt. Ltd. as a comparable due to its substantial related party transactions and lack of segmental analysis. The Tribunal upheld this exclusion, agreeing that the company's related party transactions and business model differences justified its exclusion.

8. Allowance of Market Research Expenses as Business Expenditure:
The AO disallowed market research expenses, treating them as capital expenditure. The Commissioner (Appeals) allowed the expenses, noting no new product development or market introduction. The Tribunal, referencing its earlier decision and the consistent allowance in previous years, upheld the deduction of market research expenses as business expenditure.

Conclusion:
The Tribunal provided a detailed analysis of each issue, often referencing previous decisions and judicial precedents to ensure consistency and fairness in its rulings. The assessee's appeal was partly allowed, and the Revenue's appeal was dismissed.

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