2015 (9) TMI 438 - AT - Income Tax

Transfer pricing adjustment - whether Terex GB Ltd. is not assessee s Associate Enterprise? - Held that - The finding given by DRP that the prices and other conditions relating thereto are not influenced either by the assessee or Terex GB Ltd. could not be controverted by the Ld. Departmental Representative. A bare perusal of the various clauses of the distributor agreement shows that both are independent parties. We therefore do not find any infirmity in the order of the DRP holding that Terex GB Ltd. is not assessee s Associate Enterprise. The Ld. Departmental Representative also could not point out any distinguishable features so as to take a different view than the view taken by the DRP. We accordingly uphold the same. The grounds raised by the Revenue are accordingly dismissed. - Decided against revenue.

Summary

Issues:
Transfer Pricing Provisions Applicability; Interpretation of Section 92A(2)(i)

Transfer Pricing Provisions Applicability:
The appeal before the ITAT Pune concerned the applicability of transfer pricing provisions to the assessee for Assessment Year 2009-10. The case involved the assessee company engaged in trading and sales of various equipment and services. The AO referred the case to the TPO for computation of ALP in relation to international transactions, specifically focusing on a distribution agreement with a foreign concern. The TPO questioned the applicability of TP provisions due to the nature of the agreement and the influence of the foreign entity on the assessee's activities. The TPO considered the assessee as an Associate Enterprise (AE) of the foreign company based on substantial purchases from a single source. The assessee contested this, arguing independence and lack of influence by the foreign entity.

Interpretation of Section 92A(2)(i):
The DRP analyzed the provisions of Section 92A(2)(i) to determine AE status between the assessee and the foreign entity. The DRP concluded that while goods were purchased from the foreign entity, there was no evidence of the assessee influencing prices or conditions as required by the section. The DRP emphasized the independence of both parties based on the agreement terms, dismissing the TPO's assertion of AE status. The DRP's decision was based on a thorough examination of the agreement clauses and the lack of evidence supporting influence on prices or conditions. The ITAT Pune upheld the DRP's decision, noting the absence of any contrary evidence presented by the Revenue. The ITAT Pune affirmed that the assessee was not an AE of the foreign entity, leading to the dismissal of the Revenue's appeal.

This comprehensive analysis of the judgment highlights the key issues of transfer pricing provisions' applicability and the interpretation of Section 92A(2)(i) in the context of the case, emphasizing the independence of the parties involved and the absence of evidence supporting influence on prices or conditions as required by the law.