2015 (7) TMI 899 - AT - Income Tax

Transfer Pricing matter - determination of arm s length price - management Support Services - Held that - order of the D.R.P. is not a speaking order in so far as no reason has been given by D.R.P. for rejecting the claims of the assessee. In these ci rcumstances, we are of the view that the issues in this appeal be restored to the file of the D.R.P. for re-adjudication and for passing a speaking order after granting the assesese adequate opportunity to be heard - Matter remanded back - Decided in favour of assessee.

Summary

Issues involved:
Appeal against order by Dispute Resolution Panel for assessment year 2009-10, request for adjournment by Revenue for appointment of Special Counsel, rejection of adjournment request, consideration of objections by the assessee, determination of arm's length price for various services, decision on entrance fees, subscription, cost of facilities, provision for replacement of guarantee, speaking order by D.R.P., restoration of issues to D.R.P. for re-adjudication.

Analysis:

1. Adjournment Request by Revenue:
The Revenue sought an adjournment for the appointment of a Special Counsel to represent the appeal related to Transfer Pricing matter. The assessee opposed this request, highlighting that the case had been adjourned multiple times on the same ground since March 2014. The Tribunal rejected the Revenue's request for adjournment due to the extended delay and the fact that the assessee had already complied with a significant portion of the tax liability. The Tribunal proceeded to dispose of the appeal.

2. Consideration of Objections by Assessee:
The assessee contended that the Dispute Resolution Panel (D.R.P.) did not consider any of their objections regarding the determination of arm's length price for management support services, IT services, and software services. The D.R.P. allegedly failed to pass a speaking order and upheld the Transfer Pricing Officer's order without providing reasons for rejecting the assessee's claims. The Tribunal found that the D.R.P.'s order lacked reasoning for the decisions made, leading to the decision to restore the issues to the D.R.P. for re-adjudication.

3. Decision on Various Services and Issues:
The D.R.P.'s order was criticized for not passing speaking orders on crucial matters such as the determination of arm's length price for different services received and provided by the assessee. Additionally, decisions favoring the assessee on issues like entrance fees, subscription, cost of facilities, and provision for replacement of guarantee were allegedly not adequately considered by the D.R.P. The Tribunal emphasized the importance of providing a speaking order and granting the assessee a fair opportunity to be heard.

4. Restoration of Issues to D.R.P.:
After careful consideration of the submissions and the deficiencies in the D.R.P.'s order, the Tribunal decided to restore all issues in the appeal to the D.R.P. for re-adjudication. The D.R.P. was instructed to pass a speaking order, ensuring that the assessee's objections are duly considered. The Tribunal allowed the appeal for statistical purposes, indicating a procedural victory for the assessee in terms of getting the issues reconsidered by the appropriate authority.

Overall, the judgment highlights the importance of providing reasoned decisions, considering all objections raised by the parties, and ensuring a fair opportunity for the assessee to present their case. The decision to restore the issues for re-adjudication signifies a commitment to procedural fairness and thorough consideration of all aspects of the case.