2016 (4) TMI 356 - AT - Income Tax

Transfer pricing adjustment - exclusion of Mold-Tek Technologies Ltd as comparable by the CIT(A) - Held that - The company grew with a compounded annual growth rate (CAGR) of 147% for 3 years which is evident from the chart given in the impugned order of the Ld.CIT(A) and on the basis of the said chart, CIT(A) has rightly rejected Mold-Tek as comparable company due to the consistently abnormal profits earned by the company. The CIT(A) by deciding this issue has studied annual report of the company and found that there were several irregularities in the financial statements. When we look into all these aspect, we find that the CIT(A) was correct in excluding Mold-Tek Technologies Ltd. as comparable and hence the Revenue is not proper in harping that Mold-Tek has to be taken into account as a comparable in TP study.

Issues Involved:
1. Adjustment of Arm's Length Price (ALP) by the Assessing Officer (A.O).
2. Jurisdiction invoked under Section 92CA of the Income-tax Act.
3. Rejection of comparables selected by the assessee.
4. Application of employee cost filters.
5. Use of arithmetic mean for determining ALP.
6. Right to cross-examine companies whose data was used for ALP computation.
7. Use of financial information not available at the time of TP documentation.
8. Rejection of transfer pricing documentation by the TPO.
9. Application of arbitrary filters by TPO.
10. Use of non-public information for ALP computation.
11. Acceptance of non-comparable companies by TPO.
12. Acceptance of KPO companies as comparables.
13. Acceptance of companies with abnormally high margins and turnover.
14. Denial of comparability adjustment for risk differences.
15. Incorrect computation of operating margins.
16. Tax holiday entitlement as a software technology park unit.

Detailed Analysis:

1. Adjustment of Arm's Length Price (ALP):
The main issue raised by the Revenue was the deletion of an adjustment of Rs. 1,21,84,936/- made by the A.O on account of ALP adjustment. The Tribunal upheld the CIT (A)'s decision to exclude Mold-Tek Technologies Ltd. as a comparable due to its abnormal profits and involvement in mergers and acquisitions during the relevant financial year.

2. Jurisdiction under Section 92CA:
The assessee argued that the A.O erred in invoking jurisdiction under Section 92CA without mandatory conditions being met. The Tribunal referenced the ITAT Mumbai judgment in Tata Consultancy, emphasizing the statutory duty of the A.O to independently decide on the acceptance of ALP determination.

3. Rejection of Comparables:
The assessee contended that the authorities erred in rejecting the comparables selected by it. The Tribunal found that the CIT (A) correctly excluded Mold-Tek Technologies Ltd. due to functional dissimilarity and financial irregularities.

4. Employee Cost Filters:
The assessee argued that the authorities failed to apply employee cost filters appropriate for a labor-intensive industry. This ground was not pressed by the assessee during the hearing.

5. Use of Arithmetic Mean:
The assessee contended that the authorities failed to understand Rule 10B(1)(e)(ii), which allows for the use of a single comparable if it satisfies the computation mechanism. This ground was also not pressed during the hearing.

6. Right to Cross-Examine:
The assessee claimed denial of the right to cross-examine companies whose data was used for ALP computation. This ground was not pressed during the hearing.

7. Use of Financial Information:
The assessee argued against the use of financial information for the financial year 2007-08, which was not available at the time of TP documentation. This ground was not pressed during the hearing.

8. Rejection of Transfer Pricing Documentation:
The assessee contended that the authorities erred in rejecting its TP documentation. This ground was not pressed during the hearing.

9. Application of Arbitrary Filters:
The assessee argued against the application of arbitrary filters by the TPO. This ground was not pressed during the hearing.

10. Use of Non-Public Information:
The assessee claimed that the use of non-public information by the TPO was contrary to the principles of natural justice. This ground was not pressed during the hearing.

11. Acceptance of Non-Comparable Companies:
The assessee contended that the authorities erred in accepting non-comparable companies. The Tribunal upheld the exclusion of Mold-Tek Technologies Ltd. due to its functional dissimilarity and financial irregularities.

12. Acceptance of KPO Companies:
The assessee argued against the acceptance of KPO companies as comparables. This ground was not pressed during the hearing.

13. Acceptance of Companies with High Margins and Turnover:
The assessee contended that the authorities erred in accepting companies with abnormally high margins and turnover. This ground was not pressed during the hearing.

14. Denial of Comparability Adjustment:
The assessee argued that the authorities failed to grant comparability adjustment for risk differences. This ground was not pressed during the hearing.

15. Incorrect Computation of Operating Margins:
The assessee contended that the authorities incorrectly computed the operating margins of some comparable companies. This ground was not pressed during the hearing.

16. Tax Holiday Entitlement:
The assessee argued that as an STPI unit entitled to a tax holiday, there was no motivation for shifting profits through transfer pricing. The Tribunal did not specifically address this ground as it was not pressed during the hearing.

Conclusion:
The Tribunal dismissed both the Revenue's appeal and the assessee's cross-objection. The CIT (A)'s exclusion of Mold-Tek Technologies Ltd. as a comparable was upheld due to its abnormal profits and involvement in mergers and acquisitions. The Tribunal emphasized the importance of a consistent approach and statutory safeguards in transfer pricing adjustments.

← Previous Next →