2017 (6) TMI 1225 - AT - Income Tax

TPA - selection of comparables - Held that - We direct the Assessing Officer/Transfer Pricing Officer to exclude W.M.I Cranes Ltd from the list of final comparables. The ld. AR has pointed that after exclusion of W.M.I Cranes Ltd., arithmetic mean of comparable companies would fall within /- 5% range. Submissions made by ld. AR regarding exclusion of T.R.F Ltd. from the list of comparables has become academic. Therefore, we do not deem it necessary to take up the issue of exclusion of said company from comparables for adjudication. Accordingly, ground No. 3 raised by the assessee is partly allowed. Non granting credit of tax deducted at source - Held that - We direct the Assessing Officer to examine the cliam of assessee and if the assessee is found eligible for the benefit of TDS, if any, the same may be allowed, in accordance with law. Accordingly, ground No. 7 is allowed for statistical purposes.

Summary

Issues:
1. Transfer pricing adjustment for international transactions in manufacturing segment.
2. Inclusion of certain companies in the list of comparables.
3. Exclusion of companies from the list of comparables.
4. Credit for taxes deducted at source.
5. Levy of interest under section 234B of the Act.
6. Initiation of penalty proceedings under section 271(1)(c) of the Act.

Transfer Pricing Adjustment:
The appeal was against the assessment order under the Income Tax Act for the assessment year 2010-11. The assessee, engaged in manufacturing, had international transactions with AEs. The Transfer Pricing Officer added companies to the list of comparables, resulting in an upward adjustment of &8377; 10,51,05,420 for the manufacturing segment. The assessee challenged this adjustment.

Inclusion of Companies in Comparables:
The assessee objected to the inclusion of Elecon Engineering Company Pvt. Ltd. and W.M.I Cranes Ltd. in the list of comparables. The DRP rejected the objections, leading to the assessment order. The appeal raised concerns about the selection of inappropriate comparables without a structured search.

Exclusion of Companies from Comparables:
The assessee sought the exclusion of W.M.I Cranes Ltd. and T.R.F Ltd. from the comparables list. W.M.I Cranes Ltd. had undergone a demerger affecting its financial results. The Tribunal, considering past decisions, directed the exclusion of W.M.I Cranes Ltd. from the comparables list, as extraordinary events like demerger render a company unsuitable as a comparable.

Credit for Taxes Deducted at Source:
The assessee contested the non-granting of credit for taxes deducted at source. The Tribunal directed the Assessing Officer to examine the claim and allow it if found eligible.

Levy of Interest and Penalty Proceedings:
The appeal also challenged the levy of interest under section 234B of the Act and the initiation of penalty proceedings under section 271(1)(c) of the Act. The Tribunal upheld the interest levy as mandatory and dismissed the penalty proceedings as premature.

Conclusion:
The Tribunal partly allowed the appeal, excluding W.M.I Cranes Ltd. from comparables, directing examination of TDS credit claim, upholding the interest levy, and dismissing the penalty proceedings. The decision was pronounced on June 7, 2017.