2023 (4) TMI 1223 - AT - Income Tax

TP Adjustment - international transaction of import of machine parts in the case of the assessee - DRP not allowing Upward Revision towards purchase price of import purchase on difference of arms length price in relation to international transactions though fully explained - HELD THAT - We agree with the ld.counsel for the assessee that both the amounts of insurance claim and foreign exchange fluctuation need to be added to the operating revenue of the assessee for the purpose of arriving at the ALP of the international transaction. Thus, this contention of the assessee is accordingly allowed. TP adjustment pertaining to the adjustment of the PLI of comparables which as per assessee ought to have been arrived at by making the same at the transaction level and not at the entity level, as done by the Revenue - We in agreement with the ld.counsel for the assessee that adjustment of the PLI of comparables ought to have been made at the transaction level and not entity level. AO is directed to verify the computation now submitted by the assessee making adjustment at the transaction level, and if the adjustment was arrived at falls within 5% point of the international transaction, no adjustment has to be made to the international transaction of the assessee.

Summary

Issues Involved:
1. Upward Revision of Rs.12,39,23,444/- towards purchase price of import purchase on difference of arm's length price in relation to international transactions.
2. Determination of Arm's Length Price (ALP) and Transfer Pricing Adjustment.

Summary:

Issue 1: Upward Revision of Rs.12,39,23,444/- towards Purchase Price of Import Purchase

The appeal was filed by the assessee against the order passed by the Dispute Resolution Panel (DRP) under section 143(3) read with section 144C(1) of the Income Tax Act, 1961, for the assessment year 2010-11. The sole issue raised was related to a transfer pricing adjustment of Rs.12,39,23,444/- made to the international transaction of import of machine parts. The assessee, engaged in manufacturing filling and packing equipment, contended that the adjustment was not justified.

Issue 2: Determination of Arm's Length Price (ALP) and Transfer Pricing Adjustment

The assessee argued that the operating sales figure of Rs.156,07,47,790/- taken by the Department was incorrect and should be Rs.160,79,18,331/-. The assessee also contended that the comparables used for determining the Arms Length mean Profit Margin (PLI) needed adjustment. Additionally, the adjustment should be applied at the transaction level rather than the entity level.

The Tribunal found merit in the assessee's contention that the operating revenue should include the insurance claim receipt and foreign exchange fluctuation gain. The Tribunal agreed that these amounts should be added to the operating revenue for calculating the ALP. Consequently, the Tribunal allowed this contention of the assessee.

Regarding the adjustment of the PLI of comparables, the Tribunal agreed with the assessee that the adjustment should be made at the transaction level, not the entity level. The Tribunal directed the Assessing Officer (AO) to verify the computation submitted by the assessee and, if the adjustment falls within ±5% of the international transaction, no adjustment should be made.

Conclusion:

The Tribunal allowed the appeal of the assessee, agreeing with the contentions regarding the inclusion of insurance claims and foreign exchange gains in the operating revenue and the application of PLI at the transaction level. The Tribunal directed the AO to verify the computations and make adjustments accordingly. The issue of comparables selected for arriving at the PLI of the ALP was not addressed as the primary arguments were found in favor of the assessee. The order was pronounced on 17th April 2023 at Ahmedabad.