2011 (9) TMI 589 - AT - Income Tax

Transfer Pricing - Determination of Arm Length Price -Cost allocated to different segments on the basis of sales revenue - Held That - Cost allocation to various products and segments is a highly skilled task and it can be complied by only following the principles of cost accountancy. Financial accountancy only records the financial transaction occurred during the previous year in the books of accounts in a prescribed manner, whereas books of accounts pertaining to cost accountancy picks up the financial transaction from the financial books of accounts and allocates it to the various cost centers in the organization and thereby determines the cost of production/service for each product/segment. - As TPO didnot examined all records. - Appeal allowed for statistical purpose only.

Issues:
1. Transfer pricing adjustments
2. Allocation keys for segmental margin analysis
3. Consideration of margins on a segment-wise basis
4. Impact of labor unrest on costs
5. Use of contemporaneous data
6. Safe harbor and application of arms's length range
7. Corporate tax - Interest under sections 234B and 234C

Transfer Pricing Adjustments:
The appeal challenged the transfer pricing adjustments made by the Dispute Resolution Panel (DRP) and the Assessing Officer (AO) regarding international transactions of the company. The appellant argued against the rejection of segmental margin analysis, allocation keys, and consideration of margins on an overall basis rather than segment-wise. The appellant contended that the cost allocation was not directly proportionate to sales revenue due to the nature of products sold to Associated Enterprises and non-Associated Enterprises. The appellant highlighted the impact of labor unrest on costs and the need for a detailed examination of cost records. The Tribunal remitted the case back to the AO for a fresh examination, directing a thorough verification of cost records.

Allocation Keys for Segmental Margin Analysis:
The appellant disputed the allocation keys used for segmental margin analysis, arguing that the cost allocation should not be directly proportionate to sales revenue. The appellant emphasized the use of an activity-based costing system to calculate segmental margins, explaining the differences in costs incurred for products sold to Associated Enterprises and non-Associated Enterprises. The Tribunal acknowledged the complexity of cost allocation and remitted the case for a detailed review of cost records.

Consideration of Margins on a Segment-Wise Basis:
The appellant contested the approach of considering margins on an overall basis rather than segment-wise, pointing out discrepancies in cost allocations between Associated Enterprises and other segments. The Tribunal noted the need for a comprehensive examination of cost records to ensure accuracy in determining costs and margins on a segment-wise basis.

Impact of Labor Unrest on Costs:
The appellant raised concerns about the impact of labor unrest on costs, leading to lower margins and increased production costs. The Tribunal recognized the significance of labor unrest in affecting costs and directed the AO to consider this factor in the fresh examination of the case.

Use of Contemporaneous Data and Safe Harbor:
The appeal touched upon the use of contemporaneous data and the application of safe harbor provisions along with the arms's length range. While these aspects were mentioned in the grounds of appeal, the Tribunal's decision primarily focused on the transfer pricing adjustments and the need for a detailed review of cost records.

Corporate Tax - Interest under Sections 234B and 234C:
The appeal also addressed issues related to corporate tax, specifically interest under sections 234B and 234C of the Income Tax Act. However, the Tribunal's decision primarily centered on the transfer pricing adjustments and the remittance of the case for a fresh examination regarding cost allocations and margins.

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