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2015 (11) TMI 487 - AT - Income TaxTransfer pricing adjustment - Held that - There are four types of gum base. In the case of orion and lotto the cost of production was adopted as the market price by the Assessing Officer. This is not tenable in view of decisions relied upon by the assessee in the case of JCIT vs.Cipla Ltd. (2005 (2) TMI 748 - ITAT MUMBAI) and the judgement of the Hon ble Gujarat High Court in the case of Anil Starch Products Ltd. vs. CIT (1965 (9) TMI 55 - GUJARAT HIGH COURT). The A.O. on the one hand observed that the gum base sold ranges from ₹ 50 to ₹ 96 and that the information obtained from M/s Perfetti Van Melle was ₹ 168/- for the year 2003-04 and ₹ 124/- per kg for the A.Y. 2004-05. The A.O. has applied price of ₹ 95 per kg in respect of non acidic gum base. There is no logic given by him by adopting these rates. Thus, rates adopted by the A.O. for all the four types of gum base, in our opinion, has rightly been held as incorrect by the First Appellate Authority. As there is no other material available on record, to challenge the transfer price declared by the assessee, which is on the basis of invoices from CAFOSA, we have no other alternative but to uphold this claim. In the result we dismiss this appeal by the Revenue. - Decided in favour of assessee.
Issues: Appeal against the order of Ld.CIT(A) for A.Y. 2003-04 - Disallowance of club entrance fee as business expenditure - Deduction under section 80-IB of the Act.
Issue 1: Disallowance of Club Entrance Fee The case involved an appeal by the Revenue against the disallowance made by the A.O. regarding the club entrance fee. The Tribunal observed that the deductibility of the expenditure depended on whether the amount was refundable to the company upon termination of membership. The matter was remanded to the A.O. to determine the refundability of the club expenditure, leading to a reduction of the disallowed amount from Rs. 10 lakhs to Rs. 3 lakhs. The Tribunal upheld this decision, stating that the reduced club membership fee was not allowable as business expenditure. Issue 2: Deduction under Section 80-IB of the Act Regarding the deduction under section 80-IB of the Act, the Tribunal allowed the deduction to the Gumbase unit but emphasized the need to determine the market value of the transferred goods in the Indian market. Since the market value was not determined during the proceedings before the A.O. and CIT(A), the matter was sent back to the A.O. for the valuation of the goods transferred. The A.O. reduced the deduction under section 80-IB due to the lower market value of the goods transferred, resulting in an overall deduction of Rs. 8,10,18,150 instead of the original claim of Rs. 11,08,78,645. The Ld.CIT(A) allowed the claim of the assessee after considering the remand report submitted by the A.O. and a rejoinder filed by the assessee. In the second round of appellate proceedings, the issue focused on determining the market value of goods transferred from the gum base unit to other units for computing the deduction under section 80-IB of the Act. The Revenue argued that the assessee inflated the transfer price to maximize the exemption under section 80-IB, while the assessee relied on previous decisions and the First Appellate Authority's order. The Tribunal referred to a previous order remanding the issue to the A.O. for fresh adjudication. The A.O. conducted inquiries and determined the transfer price of the gum base unit based on fair market value, leading to a revised profit calculation. However, the Tribunal found the A.O.'s adoption of certain rates without rationale to be incorrect, and upheld the claim based on invoices from CAFOSA as no other material challenged the declared transfer price. Consequently, the appeal by the Revenue was dismissed, affirming the assessee's claim under section 80-IB of the Act.
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