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2017 (6) TMI 651 - AT - Income TaxTPA - selection of comparable - Held that - Accepting the contention of the Ld. DR, we hereby direct the TPO to examine afresh the entire TP issue by applying the correct filters. Quantum of deduction u/s.10B in respect of communication charges and travelling expenses - Held that - As held by the Hon ble High Court in Tata Elxsi Ltd (2011 (8) TMI 782 - KARNATAKA HIGH COURT) expenses excluded from export turnover had to be excluded from the total turnover also while working out the eligible deduction. We direct the AO/TPO to follow the judgment of the Hon ble jurisdictional High Court in Tata Elxsi Ltd (supra) and exclude the expenses incurred in foreign currency both from the total turnover as well as the export turnover while computing the deduction u/s.10B. Short credit of taxes paid as self-assessment tax - Held that - AO is duty bound to give the adjustment of the credit of the self-assessment tax paid by the assessee. Accordingly, we direct the AO to give credit for the full amount deposited by the assessee under the self-assessment tax. If the AO is not agreeable to grant the credit for an amount of ₹ 45,22,357/-, then the AO is directed to give cogent reason for not giving credit for the same. This ground is allowed.
Issues Involved:
1. Transfer Pricing (TP) adjustments 2. Interest on ECB Loan 3. Corporate Tax issues 4. Short credit of self-assessment tax 5. Levy of interest under Section 234B Detailed Analysis: 1. Transfer Pricing (TP) Adjustments: The primary issue revolves around the selection of comparables for benchmarking international transactions. The assessee's initial TP study included 18 comparables, but the TPO rejected six and retained 15, resulting in a total of 20 comparables with an ALP computed at 23.65%. The assessee contested the inclusion of Lucid Software Ltd and Bodhtree Consulting Ltd as comparables, arguing they were not functionally similar and involved in product development, unlike the assessee's software development activities. The Tribunal allowed the inclusion of additional grounds for excluding these two comparables and remanded the matter back to the TPO for fresh examination. The Tribunal also directed the TPO to reassess the entire TP issue, applying correct filters and following relevant judgments. 2. Interest on ECB Loan: The assessee raised issues regarding the interest on ECB loan but did not present arguments during the hearing. Consequently, the Tribunal presumed the assessee was not interested in pressing this ground and rejected it as not pressed. 3. Corporate Tax Issues: The assessee challenged the DRP's decision to uphold the AO's action of restricting the quantum of deduction under Section 10B concerning communication charges and traveling expenses. The Tribunal directed the AO/TPO to follow the jurisdictional High Court's judgment in CIT v. Tata Elxsi Ltd, which mandates that expenses excluded from export turnover must also be excluded from total turnover when computing the eligible deduction. This ground was allowed. 4. Short Credit of Self-Assessment Tax: The assessee argued that the AO did not grant full credit for the self-assessment tax paid, restricting it to ?40 lakhs instead of ?45,22,357. The Tribunal directed the AO to provide full credit for the self-assessment tax paid by the assessee. If the AO disagrees, they must provide a cogent reason for not granting the full credit. This ground was allowed. 5. Levy of Interest under Section 234B: This issue was deemed consequential in nature and was not adjudicated by the Tribunal. Conclusion: The appeal was allowed for statistical purposes, with specific directions for the TPO to reassess the TP adjustments and the AO to follow the jurisdictional High Court's judgment on corporate tax issues and grant full credit for self-assessment tax. The interest on ECB loan issue was rejected as not pressed, and the levy of interest under Section 234B was not adjudicated.
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