2013 (12) TMI 1661 - AT - Income Tax

Summary

Issues Involved:
1. Transfer pricing adjustment
2. Comparability analysis
3. Aggregation of international transactions
4. Inclusion of services income
5. Adjustment for high import duty
6. Working capital adjustment
7. Computation of transfer pricing adjustment
8. Use of multiple year data
9. Use of contemporaneous data
10. Benefit of +/-5% range
11. Levy of interest u/s 234B
12. Levy of interest u/s 234C
13. Short grant of credit for TDS
14. Initiation of penalty proceedings u/s 271(1)(c)

Summary:

General Grounds:
The grounds of appeal No. 1, 2, 3, 8, 9, and 10 were dismissed as not pressed by the assessee.

Inclusion of Services Income (Ground No. 4):
The Tribunal restored the issue to the file of the AO with directions to decide the issue afresh in light of the Tribunal's previous directions in the assessee's own case for the preceding assessment year, ensuring due opportunity for the assessee to be heard.

Adjustment for High Import Duty (Ground No. 5):
The Tribunal, following its earlier decision in the assessee's own case, restored the matter to the AO to adjudicate the issue afresh, allowing the assessee a reasonable opportunity to present material and submissions.

Working Capital Adjustment (Ground No. 6):
The Tribunal directed the AO to remove Elecon Engineering Co. from the list of comparables and re-compute the PLI, following the decision of the Mumbai Bench in DHL Express Ltd. v. Asstt. CIT.

Computation of Transfer Pricing Adjustment (Ground No. 7):
The Tribunal upheld the assessee's plea, stating that the adjustment should be confined to international transactions with AEs alone, not non-AE transactions. The ground was allowed, following the Tribunal's decision in the assessee's own case for the preceding assessment year.

Levy of Interest u/s 234B and 234C (Ground Nos. 11 & 12):
The Tribunal dismissed these grounds, stating that charging interest under these provisions is mandatory and consequential.

Short Grant of Credit for TDS (Ground No. 13):
The Tribunal restored this ground to the AO, directing verification of records and necessary credit for TDS as per law.

Initiation of Penalty Proceedings u/s 271(1)(c) (Ground No. 14):
The Tribunal dismissed this ground as premature.

Conclusion:
The appeal filed by the assessee was partly allowed for statistical purposes.