2015 (2) TMI 407 - HC - Income Tax

Transfer pricing adjustment - determining the arms length price - ITAT held that the Resale Price Method (RPM) was the most appropriate method - Held that - Tribunal did not commit any error of law apparent on the face of the record nor can the findings can be said to be perverse. The Tribunal has found that the TPO has passed an order earlier accepting this method. The Tribunal has noted that the order under challenge that this method is one of the standard method and the OECD (Organization of Economic Commercial Development) guidelines also state in case of distribution or marketing activities when the goods are purchased from associated entities and there are sales effected to unrelated parties without any further processing, then, this method can be adopted. The findings of fact are based on the materials which have been produced before the Commissioner as also the Tribunal. Further, it was highlighted before the Commissioner as also the Tribunal that the RPM has been accepted by the TPO in the preceding as well as succeeding assessment years. That is in respect of distribution segment activity of the Assessee. In such circumstances, and when no distinguishing features were noted by the Tribunal, it did not commit any error in allowing the Assessee's Appeal. - Decided in favour of assessee.

Summary

Issues:
1. Whether the Resale Price Method (RPM) was the most appropriate method for determining the arms length price of the Assessee's international transaction in respect of imports of finished goods?
2. Whether the substantial value addition made to the goods sold by the Assessee company has changed the degree of similarity in the functions performed, making the RPM non-applicable in the instant case?

Issue 1: Resale Price Method (RPM) Appropriateness
The Revenue challenged the order passed by the Income Tax Appellate Tribunal, Mumbai Bench, concerning the use of the Resale Price Method (RPM) to determine the arms length price of the Assessee's international transaction involving import of finished goods for the assessment year 2003-04. The Appellant argued that the Tribunal and the Commissioner of Income Tax erred in holding RPM as the most appropriate method. The Transfer Pricing Officer (TPO) justified that RPM was not suitable due to the inability to evaluate the value of goods transferred to the Assessee and the contribution to the final product's value. The TPO suggested adjustments for the distribution segment, rejecting RPM due to consistent losses incurred by the Assessee. The Tribunal dismissed the Revenue's appeal, stating that the TPO had previously accepted RPM, and the method was in line with OECD guidelines for distribution activities involving sales to unrelated parties without further processing.

Issue 2: Degree of Similarity in Functions Performed
The Appellant contended that the substantial value addition to the goods sold by the Assessee altered the degree of similarity in functions performed, rendering RPM inapplicable. However, the Senior Counsel for the Assessee argued that the expenses incurred for establishing the Assessee's presence in the local market did not warrant rejecting RPM. The Court agreed with the Assessee, citing previous acceptance of RPM in the Assessee's case and subsequent assessment years. The Court found no error of law or perversity in the Tribunal's decision, noting that RPM was a standard method supported by OECD guidelines for distribution or marketing activities involving associated entities. The Court upheld the Tribunal's decision, emphasizing the lack of distinguishing features and the consistent acceptance of RPM in previous assessments.

In conclusion, the High Court dismissed the Revenue's appeal, affirming the Tribunal's decision to use the Resale Price Method for determining the arms length price of the Assessee's international transaction involving import of finished goods. The Court found no substantial question of law in the Tribunal's decision, as the method was previously accepted and aligned with OECD guidelines for distribution activities.