2016 (2) TMI 1172 - AT - Income Tax

TPA - internal comparable adopted by assessee being segment C - commercial refrigeration for justifying the PLI of Transport Division being segment A - Held that - We find from the orders of lower revenue authorities that they have not carried out detailed functional comparability and have rejected the assessee s claim on broad parameters without going into the actual substance of functions carried out by segment A and C . Under such circumstances, we are of the opinion that consideration of function performed by these two segments require technical expertise and, therefore, keeping in view the decision in the case of Bharti Cellular 2010 (8) TMI 332 - SUPREME COURT OF INDIA , it would be proper, as agreed by assessee, to restore the matter to ld. TPO with liberty to both the parties viz. assessee and ld. TPO to take the services of technical experts in the field before coming to any conclusion. We are in agreement with ld. counsel for the assessee that by setting aside the matter to the file of ld. TPO, the controversy cannot be enlarged by allowing ld. TPO to examine the correctness of the segmental details furnished by assessee, which were not disputed by the ld. TPO, particularly when ld. TPO himself accepted the segmental details and also accepted the results of Segment B . If we accept the plea of ld. CIT(DR) then it would imply that even Segment B results will have to be examined afresh, if the Segment C details are not found to be correct. The very premise of the proceedings cannot be altered while setting aside the matter because it is not a case where entire order of ld. TPO is not acceptable to assessee.

Summary

Issues Involved:
1. Validity of the TPO/DRP's order.
2. Non-mentioning of the sub-clause of section 92C(3) by TPO.
3. Rejection of internal comparable transactions.
4. Selection of Subros Ltd. as a comparable.
5. Functional comparability of Subros Ltd. with the transportation division.
6. Non-allowance of adjustments for economic differences.
7. Non-allowance of 5% variation in determining the Arm's Length Price.

Issue-wise Detailed Analysis:

1. Validity of the TPO/DRP's Order:
The assessee contended that the order passed by the TPO/DRP was flawed as it did not properly consider the facts and applicable laws. The Tribunal noted that the main dispute revolved around the internal comparable transactions and the selection of external comparables.

2. Non-mentioning of the Sub-clause of Section 92C(3) by TPO:
The assessee argued that the TPO did not specify the sub-clause of section 92C(3) invoked for determining the arm's length price (ALP). This issue was not separately adjudicated as it was encompassed within the broader analysis of the TPO's methodology.

3. Rejection of Internal Comparable Transactions:
The primary contention was the rejection of the internal comparable transactions by the TPO. The assessee used Segment "C" (commercial refrigeration) to justify the PLI of Segment "A" (Transport Division). The TPO rejected this, stating that the functions of Segment "A" were entirely different from Segment "C". The Tribunal found that the lower authorities did not perform a detailed functional analysis and had rejected the internal comparables on broad parameters without delving into the actual functions performed by the segments. The Tribunal decided to restore the matter to the TPO for a detailed functional analysis with the assistance of technical experts.

4. Selection of Subros Ltd. as a Comparable:
The TPO selected Subros Ltd. as an external comparable for the Transport Division (Segment "A"). The assessee contended that Subros Ltd. was not functionally comparable. The Tribunal noted that the TPO did not carry out a detailed functional comparability analysis and relied on broad parameters. The Tribunal restored the matter to the TPO for a fresh examination with technical expertise.

5. Functional Comparability of Subros Ltd. with the Transportation Division:
The Tribunal observed that the TPO did not conduct a detailed functional analysis to establish the comparability of Subros Ltd. with the Transport Division. The Tribunal directed the TPO to re-examine the functional comparability with the assistance of technical experts.

6. Non-allowance of Adjustments for Economic Differences:
The assessee argued that the TPO/DRP did not allow appropriate adjustments for differences in economic circumstances, functions performed, and risks assumed. The Tribunal did not specifically address this issue but implied that a detailed functional analysis would inherently cover these aspects.

7. Non-allowance of 5% Variation in Determining the Arm's Length Price:
The assessee did not press this issue during the hearing, and it was dismissed accordingly.

Conclusion:
The Tribunal restored the matter to the TPO for fresh adjudication, emphasizing the need for a detailed functional analysis with technical expertise. The Tribunal also specified that the segmental details furnished by the assessee, which were not disputed by the TPO, should not be re-examined. The assessee's appeal was allowed for statistical purposes.