2014 (11) TMI 722 - AT - Income Tax

Determination of ALP International transaction Assessee is carrying on the business of providing services for in-bound out-bound and local travels - Held that - Following the decision in Destination of the World (Subcontinent) (P.) Ltd. Versus Assistant Commissioner of Income-tax Circle 10(1) New Delhi 2011 (7) TMI 576 - ITAT DELHI - the assessee was justified in undertaking internal comparison on standalone basis by placing on record working of operative profit margin from international transactions with AEs and transactions with uncontrolled parties undertaken in similar functional and economic scenario - Such internal comparison is valid in all the methods - TNMM is the most appropriate method deserves to be upheld earlier the matter has been restored the issue to verify the calculation as they had not been vetted either by the AO or by the CIT(A) the order is upheld Decided against revenue.

Summary

Issues Involved:
1. Deletion of addition on account of Arm's Length Price (ALP) of international transactions.

Issue-Wise Detailed Analysis:

1. Deletion of Addition on Account of Arm's Length Price (ALP) of International Transactions:

The Revenue filed an appeal against the order of CIT(A) which deleted the addition of Rs. 1,53,03,888/- made by the Assessing Officer (AO)/Transfer Pricing Officer (TPO) on account of the ALP of international transactions for the assessment year 2007-08. The assessee, a 100% subsidiary of Destination of the World Holding Establishment, Liechtenstein, engaged in inbound, outbound, and domestic travel services, had declared a loss of Rs. 2,80,58,787/- in its return filed on 31.10.2007.

The international transactions undertaken by the assessee included outbound travel-related services, inbound travel-related services, royalty for the use of a trademark, and chargebacks of expenses. The assessee applied the Resale Price Method (RPM) and Cost Plus Method (CPM) as the most appropriate methods to determine the ALP, claiming that the transactions were at arm's length based on the profit level indicators (PLI).

The TPO, however, rejected the assessee's methods, stating that there was no significant difference between the inbound and outbound activities and that the segmental information provided was not reliable. The TPO applied the Transactional Net Margin Method (TNMM) at the entity level, using external comparables to determine the ALP.

The assessee appealed to the CIT(A), arguing that the internal comparables should be used, as was done in the previous assessment year (2006-07). The CIT(A) agreed with the assessee, relying on the Tribunal's decision in the assessee's own case for the previous year, which favored the use of internal comparables and the internal TNMM method. The CIT(A) found that the segmental accounts prepared by the assessee were valid and that the international transactions were at arm's length.

The Revenue, dissatisfied with this decision, appealed to the Tribunal. The Tribunal reviewed the CIT(A)'s findings and the previous Tribunal decision. It noted that the CIT(A) had thoroughly examined the segmental accounts and the calculations, which showed that the margins earned from associated enterprises (AEs) were higher in both the inbound and outbound segments. The Tribunal found no reason to deviate from the CIT(A)'s decision, as the Revenue did not provide any new arguments or evidence to contradict the CIT(A)'s findings.

Thus, the Tribunal upheld the CIT(A)'s order, confirming that the international transactions were at arm's length and dismissing the Revenue's appeal. The order was pronounced in the open court on 31st July 2014.