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2009 (8) TMI 821 - AT - Income TaxProvisions of section 40A(2) of the Income-tax Act, 1961 ( the Act ) would override the special provisions contained in Chapter X of the Act - Held that - provisions of section 40A(2) would not and cannot override the provisions contained in Chapter X of the Act. Even otherwise, if there are different provisions over the same subject then in law the specific provisions would prevail. So, even assuming that provisions of section 40A are attracted, these are the general provisions applicable to all transactions while the provisions of Chapter X are specific provisions relating to international transactions only. Disallowance which was made in complete disregard of the order of the Transfer Pricing Officer ( TPO ) issued under section 92CA(3) of the Act wherein the royalty paid has been held to be at arm s length- Held that - royalty payment having been accepted by the TPO as arms length payment, there was no justification on the part of the learned CIT(A) to hold that the same was unreasonable and the AO was justified in making the disallowance out of the same by invoking the provisions of Section 40A(2)(b), assessee s appeal allowed. Provisions of section 92CA(4) of the Act - Assessing Officer is required to compute the total income of the assessee having regard to the arm s length price determined by the TPO - Held that - TPO has accepted the price determined by the Assessing Officer and therefore, the Assessing Officer is required to compute the total income of the assessee in regard to the arm s length price determined by the TPO.
Issues:
1. Disallowance of royalty payment to Oracle Corporation, USA. 2. Interpretation of provisions of section 40A(2) of the Income-tax Act, 1961. 3. Arm's length consideration determined by the Transfer Pricing Officer. 4. Computation of total income in accordance with arm's length price determined by the TPO. 5. Application of provisions of section 92C and 92CA in international transactions. Analysis: 1. The appeal involved a dispute over the disallowance of a substantial royalty payment made to Oracle Corporation, USA. The appellant contested the disallowance, arguing that the payment was in line with prescribed criteria and had been deemed at arm's length by the TPO in a previous order. The CIT(A) upheld the disallowance, leading to the appeal. 2. The appellant challenged the CIT(A)'s interpretation of section 40A(2) of the Income-tax Act, contending that the special provisions in Chapter X should prevail over general provisions like section 40A(2). The appellant highlighted that the TPO had already determined the royalty payment to be at arm's length, questioning the CIT(A)'s decision to override this assessment. 3. The issue of arm's length consideration was crucial, with the TPO's determination playing a significant role in the proceedings. The CIT(A) was criticized for not giving due weight to the TPO's assessment and for alleging that the TPO's order did not address the royalty payment issue adequately. The Tribunal emphasized the importance of following the TPO's determination in computing the total income. 4. The Tribunal referred to a Special Bench decision regarding the application of sections 92C and 92CA in international transactions. It was clarified that the provisions of section 40A(2) could not override the specific provisions of Chapter X, which deal with international transactions. The Tribunal highlighted that even if the appellant's income was exempt under section 10A, the computation of arms' length prices under section 92C was still applicable. 5. Ultimately, the Tribunal ruled in favor of the appellant, directing the Assessing Officer to determine the income based on the value of services established by the TPO. The decision underscored the significance of following the TPO's assessment in computing the total income and upheld the appellant's claim regarding the royalty payment disallowance. This detailed analysis of the judgment highlights the key issues addressed in the appeal and the Tribunal's findings on each aspect, emphasizing the importance of adhering to transfer pricing regulations and specific provisions governing international transactions.
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