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2015 (7) TMI 74 - AT - Income TaxDisallowance of deduction u/s. 10B - misinterpreting transfer pricing provisions for making addition - Held that - It is an undisputed fact that on reference made to TPO, the TPO has not made any adjustment in the international transaction with regard to ALP with it s AE. The sum and substance of the submissions made by ld. Counsel for the assessee is that once the TPO had accepted the international transaction at ALP, the Assessing Officer cannot step into the shoes of the TPO to make disallowance/addition with regard to international transaction by invoking the provisions of section 10B(7) r.w.s. 80IA(10) of the Act. In all the three assessment years the TPO found that no adjustment is required to be made in ALP of international transaction. The Assessing Officer in assessment proceedings u/s. 143(3) in the preceding and succeeding assessment years did not make any disallowance of deduction u/s. 10B. No cogent reason has been deduced by the Assessing Officer in the impugned assessment year to make disallowance. - Decided in favour of assessee.
Issues Involved:
1. Disallowance of deduction under Section 10B of the Income Tax Act. 2. Misinterpretation and application of transfer pricing provisions for making additions. Issue-wise Detailed Analysis: 1. Disallowance of Deduction under Section 10B: The assessee, a 100% export-oriented unit, filed its return for the assessment year 2008-09, declaring a total income of Rs. 12,49,220 and book profit under MAT provisions at Rs. 11,79,82,223. The case was selected for scrutiny, and a reference was made to the Transfer Pricing Officer (TPO) for determining the Arm's Length Price (ALP) of transactions with the Associated Enterprise (AE). The TPO accepted the ALP without making any adjustments. However, the Assessing Officer (AO) invoked the provisions of Section 10B(7) read with Section 80IA(10) of the Income Tax Act, making an addition of Rs. 9,56,36,478 on account of disallowance under Section 10B. The AO held that the Operating Profit/Sales of the assessee were not within the +/- 5% range and concluded that the assessee had inflated profits in India to claim higher deductions under Section 10B. The Commissioner of Income Tax (Appeals) upheld the AO's findings, leading to the second appeal before the Tribunal. 2. Misinterpretation and Application of Transfer Pricing Provisions: The primary contention of the assessee was that the AO erred in invoking Section 10B(7) read with Section 80IA(10) after the TPO had accepted the ALP. The assessee argued that once the TPO accepted the international transaction at ALP, the AO could not make further disallowances regarding the same transaction. The Tribunal examined the provisions of Section 10A(7) and Section 80IA(10) and concluded that the AO must demonstrate that the business arrangement between the assessee and its AE resulted in more than ordinary profits. The Tribunal found that the AO failed to provide any evidence of such an arrangement. The Tribunal referred to several precedents, including the case of Honeywell Automation India Ltd., where it was held that the AO could not invoke Section 10A(7) read with Section 80IA(10) without proving an arrangement that resulted in higher profits. The Tribunal noted that the AO's findings in the case of Honeywell Automation India Ltd. had been reversed, and similar principles applied to the present case. The Tribunal also considered the decisions in Tweezerman (India) (P.) Ltd., Visual Graphics Computing Services (India) Pvt. Limited, and Handy Waterbase India Pvt. Ltd., where it was held that the AO could not reduce eligible profits under Section 10B based on ALP without demonstrating how the profits were more than ordinary. Conclusion: The Tribunal concluded that the AO exceeded his jurisdiction by invoking Section 10A(7) read with Section 80IA(10) without proving any arrangement resulting in more than ordinary profits. The Tribunal found that the AO's reliance on the assessment order in the case of Honeywell Automation India Ltd. was misplaced, as the findings in that case had been reversed. The Tribunal allowed the appeal of the assessee, setting aside the impugned order and deleting the disallowance of Rs. 9,56,36,478 under Section 10B. The Tribunal emphasized that the AO must provide cogent reasons and evidence to justify any disallowance under Section 10B, which was not done in this case.
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