2016 (8) TMI 861 - AT - Income Tax

Transfer pricing adjustment - exclusion of ANG Industries Ltd. from final list of comparables while benchmarking the international transaction undertaken by the assessee - Held that - The assessee was a manufacturer of auto components. However, ANG Industries Ltd. had undergone major restructuring, wherein the subsidiary ANG Auto Tech Pvt. Ltd. was amalgamated with ANG Industries Ltd. w.e.f. March, 2007. After amalgamation, ANG Industries Ltd. became well diversified company and was engaged in the manufacture of trailers in addition to auto components. The CIT(A) had referred to the page 17 of the Annual Report of the said concern, wherein the said fact has been reported by the company. Further, the reason for growth in business was also attributed to the growth in trailer business. The turnover of ANG Industries Ltd. was ₹ 143 crores as against the turnover of assessee at ₹ 54 crores declared by the assessee, which is not the sole criteria to reject the said concern. However, where the concern had entered into other line of business and in the absence of segmental profits in respect of two businesses carried on by the said concern, we hold that the said concern ANG Industries Ltd. is not functionally comparable to the assessee and hence, the same is to be excluded from the final set of comparables. Upholding the order of CIT(A) in this regard, we dismiss the grounds of appeal raised by the Revenue. - Decided in favour of assessee.

Summary

Issues:
- Exclusion of ANG Industries Ltd. from the list of comparable companies while benchmarking international transactions.

Analysis:
1. The Revenue appealed against the CIT(A)'s order directing the Assessing Officer to exclude ANG Industries Limited from the list of comparable companies. The Revenue argued that ANG Industries Ltd. should not be excluded as a comparable, as it was initially selected by the assessee in the transfer pricing report. However, the CIT(A) held that the company was not functionally comparable to the assessee due to its diversified business activities, including manufacturing trailers in addition to auto components. The CIT(A) directed the Assessing Officer to exclude ANG Industries Ltd. from the list of comparables based on the functional differences between the companies.

2. The assessee, a joint venture engaged in manufacturing auto components, had benchmarked its international transactions using the TNMM method. The TPO re-worked the PLI of the assessee and comparables, leading to an adjustment in the international transactions. The assessee contended that ANG Industries Ltd. should be excluded from the comparables list due to functional differences and the company's involvement in trailer manufacturing post-restructuring. The Tribunal, following the Special Bench of Chandigarh Tribunal's decision, held that if a comparable company is functionally different, it should be excluded from the final set of comparables.

3. The Tribunal found that ANG Industries Ltd. became a well-diversified company post-amalgamation with ANG Auto Tech Pvt. Ltd., engaging in trailer manufacturing alongside auto components. The turnover comparison alone was not sufficient to determine comparability. As ANG Industries Ltd. lacked segmental profits for both businesses, it was deemed not functionally comparable to the assessee. Upholding the CIT(A)'s decision, the Tribunal dismissed the Revenue's appeal, emphasizing the importance of functional comparability in transfer pricing analysis.

4. The Tribunal concluded that ANG Industries Ltd. should be excluded from the list of comparables due to functional differences, as established by the company's diversified business activities post-restructuring. The decision highlighted the significance of considering functional comparability while benchmarking international transactions, in line with the principles established by the Chandigarh Special Bench of Tribunal. The appeal of the Revenue was dismissed, affirming the exclusion of ANG Industries Ltd. from the final set of comparables.