2014 (11) TMI 1188 - AT - Income Tax

Addition on account of adjustment of Arm s length price of the international transaction on payment of royalty - application of CUP method - MAM selection - Held that - DR could not justify the application of CUP method to Arms Length working. The products manufactured by the appellant were developed from technology support provided by the AE it would not have been possible so without the continuous AE support. The rights of access to the ongoing technical support and development of new products received by the appellant were clearly provided in the agreements entered into with the AE. The cost benefit test as worked out by the TPO was not based on proper appreciation of the facts and thus CUP method applied by the AO / TPO was not justifiable. The judicial citations relied on by ld. CIT(A) as well as further judgments relied on by the assessee including Hon ble High court in the case of Delhi EKL Appliances Ltd. (2012 (4) TMI 346 - DELHI HIGH COURT) support the view taken by ld. CIT(A). - decided against revenue

Summary

Issues:
- Addition of adjustment of Arm's length price of the international transaction on payment of royalty by Sakata Inx (India) to its Associate Enterprises.

Analysis:
1. The appeal was filed by the Revenue against the order of the ld. CIT(A)-II, Jaipur, for the assessment year 2007-08, challenging the deletion of the addition of Rs. 1,02,91,000 on account of the adjustment of Arm's length price of the international transaction on payment of royalty by Sakata Inx (India) to its Associate Enterprises.

2. The assessee, a subsidiary of Sakata Inx Corporation, Japan, was involved in various international transactions with its Associate Enterprises, including the payment of royalty. The Transfer Pricing Officer considered the Arm's Length Price of the royalty payment at Nil and disallowed the declared amount, which was added back to the assessee's income by the Assessing Officer. The TPO applied the Cup Method and concluded that the assessee failed to demonstrate the substantial benefit accrued from paying the royalty amount.

3. The ld. CIT(A) deleted the addition after detailed observations, emphasizing that the technology and trademark belonged to Sakata Japan, and the payment of royalty was a business decision made out of commercial expediency. The CIT(A) highlighted the significant benefits derived by the assessee from the royalty agreements and the continuous support received from the Associate Enterprises.

4. The ld. CIT(A) also critiqued the application of the CUP Method by the TPO, pointing out inherent inconsistencies and limitations in determining the Arm's Length Price. The CIT(A) referred to relevant case laws and highlighted the lack of comparable data from uncontrolled transactions, rendering the CUP Method inapplicable.

5. The CIT(A) analyzed the comparables selected by the assessee, noting that the operating margin of the appellant was higher than the comparable companies under the TNMM analysis. The CIT(A) directed the AO to delete the addition based on the comparability analysis, concluding that the transactions were at arm's length.

6. The Revenue challenged the CIT(A)'s decision, arguing various points related to the application of the CUP Method, rejection of economic analysis, and selection of comparables. However, the ld. Counsel for the assessee defended the CIT(A)'s decision, emphasizing the benefits derived from the royalty payment and the inconsistencies in the CUP Method application.

7. After hearing both sides and reviewing the material on record, the Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal. The Tribunal found no infirmity in the CIT(A)'s decision, supporting the view that the CUP Method application was not justifiable and that the benefits derived by the assessee justified the royalty payment.

This comprehensive analysis covers the issues raised in the judgment, detailing the arguments, observations, and conclusions made by the authorities involved in the case.