2018 (11) TMI 1879 - AT - Income Tax

TP Adjustment - applying the CUP method - TPO accepted the claim of assessee in respect of the Operational Support Services and the reimbursements - It was a submission that there was no need for the assessee to pay the Management Fees and Management Fees are more than technical services - HELD THAT - As it is noticed that the issue in the appeal is squarely covered by the decision of the Co-ordinate Bench of this Tribunal in the case of M/s. Bonfigioli transmissions Private Limited. 2018 (5) TMI 2069 - ITAT CHENNA respectfully following the decision of Co-ordinate Bench of this Tribunal, and as the assessee has proved the incurring of the expenditure on Management Fees, the addition, as made by the ld. A.O/TPO and confirmed by the Ld. CIT(A), stands deleted.

Summary

Issues involved:
Transfer Pricing issue regarding Management and Technical Fees paid to Associated Enterprises.

Analysis:
The appeal was filed by the assessee against the orders of the Commissioner of Income-tax (Appeals) for the assessment years 2013-14 and 2012-13. The issues in both appeals were related to Transfer Pricing, specifically concerning the payment of Management and Technical Fees to Associated Enterprises. The assessee was engaged in manufacturing actuators and had four streams of business considered under the Transfer Pricing Study. The Transfer Pricing Officer (TPO) applied the Comparable Uncontrolled Price (CUP) Method for Management and Technical Fees paid to Associated Enterprises. The TPO adopted a view that the Transactional Net Margin Method (TNMM) could not be applied in this case. The assessee contested this decision, citing a decision of a Co-ordinate Bench of the Tribunal in a similar case.

Regarding Corporate Services expenditure, the assessee had made payments for various services availed from its Associated Enterprises. The TPO disallowed certain payments, but the assessee argued that these were necessary business expenditures. The assessee relied on a decision of the Hon'ble Delhi High Court to support their claim. The Tribunal held that the Corporate Services expenditure was linked to the manufacturing and sales activity of the assessee, and thus, the claim was allowed.

In the case of Management and Technical Fees, the Tribunal found that the issue was covered by a previous decision of a Co-ordinate Bench of the Tribunal. The assessee provided evidence of incurring the expenditure on Management Fees, leading to the deletion of the addition made by the Assessing Officer and confirmed by the Commissioner of Income-tax (Appeals). As a result, both appeals of the assessee for the assessment years 2013-14 & 2012-13 were allowed.