2017 (12) TMI 468 - AT - Income Tax

Interest on loan given to the subsidiary - Held that - No adjustment was made on account of interest on loan given to the subsidiary for assessment year 2009-10, we are of the considered opinion that no addition is called for on account of difference in arm s length price on the transaction on account of interest on loan given to the subsidiary. The grounds raised by the assessee are accordingly allowed. Addition on account of the interest on export proceeds receivable - rectification application u/s 154 - Held that - We find the rectification application filed before the Assessing Officer u/s 154 is pending. It is the submission of the ld. counsel for the assessee that there was some calculation error and there is no international transaction at all on account of receivables. Considering the totality of the facts of the case and considering that the rectification application is pending before the Assessing Officer which is yet to be disposed of, we deem it proper to restore this issue to the file of the Assessing Officer for fresh adjudication. The grounds no.7 and 8 are accordingly allowed for statistical purposes.

Issues Involved:
1. Validity of the assessment order under Section 143(3) read with Section 144C of the I.T. Act.
2. Adjustment of income due to the difference in arm's length price determined by the Transfer Pricing Officer (TPO).
3. Addition on account of interest on a foreign currency loan given to a subsidiary.
4. Addition on account of interest on export proceeds receivable.
5. Applicability of previous ITAT and High Court decisions to the current assessment year.

Detailed Analysis:

1. Validity of the Assessment Order:
The assessee challenged the validity of the assessment order passed under Section 143(3) read with Section 144C of the I.T. Act, arguing that the order was erroneous both in law and on facts. The Tribunal found no merit in this argument and upheld the validity of the assessment order.

2. Adjustment of Income Due to Difference in Arm's Length Price:
The TPO made an upward adjustment of ?56,68,724/- on account of interest on a foreign currency loan and receivables. The DRP revised this adjustment to ?51,33,599/-. The assessee contested this addition, arguing that it was made in disregard to the ITAT's previous decisions in their own case for earlier assessment years. The Tribunal noted that the Department had appealed against these decisions, but the High Court had dismissed the Department's appeal, thereby making the ITAT's decisions binding.

3. Addition on Account of Interest on Foreign Currency Loan:
The assessee had advanced a foreign currency loan to its subsidiary at an interest rate of 4%, which was benchmarked using the CUP method. The TPO, however, determined an arm's length interest rate of 14.75%, resulting in an addition of ?49,35,541/-. The Tribunal referred to its previous decisions and the High Court's ruling, which had accepted the LIBOR rate as the appropriate benchmark for such international transactions. The Tribunal held that the adjustment suggested by the TPO was not warranted and directed the deletion of the addition.

4. Addition on Account of Interest on Export Proceeds Receivable:
The assessee argued that there was no provision for notional interest on such transactions under the Act and that the addition was made ignoring the detailed transfer pricing study. The Tribunal noted that a rectification application under Section 154 was pending before the Assessing Officer, which claimed there was no international transaction on account of receivables. The Tribunal restored this issue to the file of the Assessing Officer for fresh adjudication.

5. Applicability of Previous ITAT and High Court Decisions:
The Tribunal emphasized the consistency in its decisions for assessment years 2007-08 and 2008-09, and the High Court's dismissal of the Department's appeal, which supported the assessee's case. It also noted that no adjustment was made for the assessment year 2009-10 and that the DRP had accepted the assessee's plea for the assessment year 2011-12. Therefore, the Tribunal concluded that no addition was warranted for the current assessment year.

Conclusion:
The Tribunal allowed the appeal of the assessee in part, directing the deletion of the addition on account of interest on the foreign currency loan and restoring the issue of interest on export proceeds receivable to the Assessing Officer for fresh adjudication. The appeal was partly allowed for statistical purposes.

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