2015 (5) TMI 1154 - AT - Income Tax

TPA - DRP directing the TPO to include forex gain/loss as operating in nature - Held that - We are of the view that the stand taken by the Revenue is unsustainable. It is not disputed that the foreign exchange fluctuation and the resulting gain to the assessee was in respect of the sale proceeds which the assessee had to realize. In such circumstances it cannot be contended by the Revenue that the nexus of the foreign exchange gain with the business activity of the tax payer has not been ascertained by the DRP. We therefore do not find any merits in this appeal by the Revenue. Consequently the same is dismissed.

Summary

Issues Involved:
1. Determination of arm's length price (ALP) in an international transaction.
2. Treatment of foreign exchange gain in operating revenue for computing ALP.

Analysis:

Issue 1: Determination of arm's length price (ALP) in an international transaction:
The case involved an appeal by the Revenue against the directions of the Dispute Resolution Panel (DRP) under section 144C(5) dated 27.11.2014. The assessee, a company engaged in the manufacture of aluminum radiator and air-conditioners, had an international transaction with its associated enterprise (AE) in Japan. The arm's length price (ALP) had to be determined as per section 92 of the Income Tax Act. The key issue was whether the foreign exchange gain resulting from fluctuations should be included as part of operating revenue while calculating the ALP.

Issue 2: Treatment of foreign exchange gain in operating revenue for computing ALP:
The Transaction Net Margin Method (TNMM) was used for determining the ALP, with the Profit Level Indicator (PLI) being operating profits to total revenue. The Assessing Officer (AO) initially rejected the claim of the assessee that foreign exchange gains should be considered as part of operating revenue. However, the Commissioner of Income Tax (Appeals) directed the AO to treat foreign exchange gain/loss as operating in nature based on a decision of the ITAT Bangalore Bench in a previous case. The Revenue, aggrieved by this decision, appealed to the Tribunal.

The Tribunal held that the foreign exchange gain was related to the sale proceeds realized by the assessee and should be considered as part of operating revenue. It rejected the Revenue's argument that the nexus with the business activity was not ascertained, as the gain was directly linked to the sale proceeds. Consequently, the Tribunal dismissed the appeal by the Revenue, upholding the inclusion of foreign exchange gain in operating revenue for computing the ALP.

In conclusion, the Tribunal's decision clarified the treatment of foreign exchange gains in operating revenue for determining the arm's length price in international transactions, emphasizing the direct link between such gains and the business activity of the taxpayer.