2017 (1) TMI 1565 - AT - Income Tax

TPA - comparable selection criteria - Held that - Keeping in view the functional disparity and factum of super abnormal profit Mold-Tek Technologies Ltd. to be excluded from final list. Calculating the deduction u/s 10A - Held that - CIT (A) has rightly directed the AO to exclude the telecommunication expenses from the total turnover while calculating the deduction u/s 10A of the Act. So this ground is determined against the revenue.

Summary

Issues Involved:
1. Exclusion of a company from the list of comparables for determining Arms Length Price (ALP).
2. Restriction of addition in income made by the Assessing Officer.
3. Exclusion of telecommunication expenses from total turnover while calculating deduction u/s 10A.

Issue 1 - Exclusion of Company from Comparables:
The Appellate Tribunal ITAT Delhi examined the validity of excluding a company, Mold-Tek Technologies Ltd., from the list of comparables for determining ALP in international transactions. The Tribunal upheld the decision to exclude Mold-Tek Technologies based on functional dissimilarity and abnormal profit growth. The Tribunal considered the functional profiles of the assessee company and Mold-Tek Technologies, highlighting the differences in their operations. The decision was supported by previous judgments and the fact that Mold-Tek Technologies was engaged in different services compared to the assessee. The Tribunal found the exclusion justified based on functional disparity and abnormal profit, in line with previous decisions.

Issue 2 - Restriction of Addition in Income:
The Tribunal reviewed the addition made by the Assessing Officer on account of ALP in international transactions with Associated Enterprises. The assessee company used the Transactional Net Margin Method (TNMM) with Operating Profit/Operating Cost as the Profit Level Indicator. The TPO accepted the TNMM but rejected certain comparables selected by the assessee. The Tribunal examined the TPO's adjustments and upheld the decision of the CIT (A) to restrict the addition in income. The Tribunal considered the methodology used, functional profiles, and previous decisions to support the restriction of the addition.

Issue 3 - Exclusion of Telecommunication Expenses:
The Tribunal addressed the disallowance of telecommunication expenses from the export turnover while calculating deduction u/s 10A. The CIT (A) allowed the exclusion of telecommunication expenses, which was contested by the revenue. The Tribunal referred to previous judgments and legislative provisions to support the exclusion of telecommunication expenses from the total turnover for deduction u/s 10A. Citing relevant case law, the Tribunal determined that telecommunication expenses should be excluded from the total turnover, affirming the decision of the CIT (A).

In conclusion, the Appellate Tribunal ITAT Delhi dismissed the revenue's appeal, finding no illegality or perversity in the decisions made by the CIT (A). The Tribunal's detailed analysis and consideration of functional aspects, abnormal profit growth, and legislative provisions led to the dismissal of the appeal.