2021 (1) TMI 1294 - AT - Income Tax

TP Adjustment - determining the arm s length price of the appellant s international transaction with its associated enterprises in respect of interest on loan advanced to wholly owned subsidiary thereby proposing an enhancement of returned income - computing interest at US LIBOR - HELD THAT - We direct that transfer pricing adjustment qua the transaction of advancing loan by the taxpayer to its AE is to be determined at US LIBOR plus 170 basis points. Appeal of the assessee is allowed.

Summary

Issues:
- Appeal against order passed by AO u/s 254/143(3) r.w.s. 144C of the Income Tax Act, 1961.
- Determination of arm's length price of international transaction with associated enterprises.
- Computing interest at US LIBOR.
- Application of mark up to US LIBOR.
- Stare decisis invoked.

Analysis:
1. The appeal was filed against the order passed by the Assessing Officer (AO) under sections 254/143(3) read with section 144C of the Income Tax Act, 1961. The grounds raised by the assessee challenged the legality and factual basis of the AO's order, particularly focusing on the determination of the arm's length price of the appellant's international transaction with its associated enterprises. The primary contention was the enhancement of returned income by a specific amount due to the AO's assessment.

2. The issue regarding the computation of interest at US LIBOR was a key point of contention. The assessee argued that the application of a mark-up to the US LIBOR rate by the Transfer Pricing Officer (TPO) and the Assessing Officer was unreasonable and not in line with industry norms. Reference was made to previous cases where similar issues were addressed, and decisions were made in favor of the taxpayer based on the specific circumstances and the application of a mark-up to the LIBOR rate.

3. The principle of stare decisis was invoked due to the historical background of the case and the consistent decisions in previous related matters. The Tribunal directed that the transfer pricing adjustment concerning the transaction of advancing a loan to the associated enterprise should be determined at US LIBOR plus 170 basis points. This decision was influenced by previous judgments and the specific circumstances of the case.

4. Ultimately, the Tribunal allowed the appeal of the assessee based on the detailed analysis of the issues raised, the application of relevant legal principles, and the consistency in decision-making based on past cases. The order pronounced on 05/01/2021 reflected the Tribunal's decision to uphold the appeal and direct the re-computation of the interest at US LIBOR plus 170 basis points, aligning with the findings and directions provided in previous cases with similar factual and legal considerations.