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2013 (11) TMI 774 - AT - Income TaxTransfer pricing adjustment - Computation method - Determination of value of shares - Held that - The Tribunal 2013 (9) TMI 802 - ITAT CHENNAI had remitted the file back to the Assessing Officer with a direction to rework the value afresh in accordance with the directions and observations made in the said order. The transaction relates to the sale of remaining stake of 38.19% (16613483 equity shares) of AITPCL to M/s. Ascendas Property Fund (India) Pte Ltd. Since the first leg of the transaction has been remitted back by the Tribunal to the Assessing Officer for reworking the value afresh, the second leg of the transaction which is part and parcel of the composite agreement dated 30.03.2007 has to go back to Assessing Officer - matter remitted back.
Issues Involved:
1. Method of valuation of shares for transfer pricing. 2. Application of the Comparable Uncontrolled Price (CUP) method. 3. Use of Discounted Cash Flow (DCF) method. 4. Determination of Weighted Average Cost of Capital (WACC). 5. Objections to the Transfer Pricing Officer's (TPO) methodology. 6. Directions for reassessment by the Assessing Officer. Detailed Analysis: 1. Method of Valuation of Shares for Transfer Pricing: The primary contention was the valuation of shares sold by the assessee to its associated enterprise. The assessee sold shares in two phases, and the TPO used the Discounted Cash Flow (DCF) method to value these shares, resulting in a significantly higher valuation than that declared by the assessee. 2. Application of the Comparable Uncontrolled Price (CUP) Method: The assessee argued for the application of the CUP method, citing a comparable transaction where shares were sold by an unrelated party. However, the Tribunal noted that the transaction in question was not uncontrolled as it was part of a single agreement involving both the assessee and the unrelated party, thus invalidating the CUP method for this case. 3. Use of Discounted Cash Flow (DCF) Method: The Tribunal acknowledged that the DCF method is a widely accepted international methodology for valuing enterprises and determining the value of equity. It emphasized that the DCF method was appropriate given the nature of the transactions and the lack of a ready market for the shares. The Tribunal held that the TPO's use of the DCF method was in accordance with Section 92C(1) of the Income Tax Act. 4. Determination of Weighted Average Cost of Capital (WACC): The Tribunal found discrepancies in the TPO's calculation of WACC. The TPO had incorrectly considered only part of the equity and debt while determining the denominator for WACC. The Tribunal stressed the importance of accurate calculations and reasonable assumptions in determining WACC, as even slight changes could substantially affect the valuation. 5. Objections to the Transfer Pricing Officer's (TPO) Methodology: The assessee raised several objections to the TPO's methodology, particularly regarding the factors used in the DCF analysis. The Tribunal noted that while the DCF method was appropriate, the specific calculations and assumptions made by the TPO required re-evaluation to ensure fairness and accuracy. 6. Directions for Reassessment by the Assessing Officer: Given that the first leg of the transaction had already been remitted back to the Assessing Officer for re-evaluation, the Tribunal decided that the second leg of the transaction should also be reassessed. The Tribunal directed the Assessing Officer to rework the value of the shares in accordance with the directions and observations made in its earlier order dated 2.1.2013. The Tribunal emphasized that the Assessing Officer/TPO should provide sufficient opportunity for hearing to the assessee during this reassessment. Conclusion: The Tribunal set aside the order of the Dispute Resolution Panel (DRP) and the Assessing Officer, remitting the matter back to the Assessing Officer for reassessment. The appeal of the assessee was allowed, with specific directions to reassess the valuation of shares using the appropriate methodologies and ensuring accurate calculations.
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