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2017 (12) TMI 1465 - AT - Income TaxAdjustments made under section 10B(7) - restriction of claim of deduction under section 10A - profit margin shown by the assessee was higher than profit margin of the comparables selected by the assessee in its TP study report - Held that - The issue arising in the present appeal is identical to the issue before the Tribunal in the case of M/s. Honeywell Automation India Ltd. Vs. DCIT (2015 (3) TMI 494 - ITAT PUNE)and following the same parity of reasoning, we find no merit in the orders of authorities below in restricting the claim of deduction under section 10A/10B of the Act and held that there is no merit in re-computing the deduction under section 10A of unit No.2, Pune in accordance with the provisions of section 10A(7) of the Act. Accordingly, we reverse the same and delete addition.
Issues Involved:
1. Deletion of addition under Section 10A(7) read with Section 80IA(10) of the Income-tax Act, 1961. Issue-wise Detailed Analysis: 1. Deletion of Addition under Section 10A(7) read with Section 80IA(10) of the Income-tax Act, 1961: The Revenue's primary contention was that the CIT(A) erred in deleting the addition of ?8,44,13,198/- under Section 10A(7) read with Section 80IA(10) without appreciating that the assessee's transfer pricing report showed an ordinary profit margin of 9.35% compared to the 27.86% margin shown by the assessee. This significant difference led the Assessing Officer (AO) to conclude that the assessee had shown more than ordinary profits due to a close business connection with group companies, thus justifying the addition. The Tribunal noted that the issue had been previously adjudicated in the assessee's favor for the assessment years 2006-07 to 2008-09, where it was held that there was no merit in re-computing the deduction under Section 10A based on the provisions of Section 10A(7). The Tribunal relied on its earlier decision in the case of M/s. Honeywell Automation India Ltd. Vs. DCIT, which had established that the AO must justify the invocation of Section 10A(7) read with Section 80IA(10) with cogent material and evidence, showing that the course of business was so arranged to produce more than ordinary profits with the intent of abusing the tax concession. The Tribunal emphasized that the mere existence of a close connection and higher profits is insufficient to invoke Section 80IA(10). The AO must demonstrate that the business arrangement was intended to manipulate profits to abuse the tax concession. The Tribunal found that the AO had not provided any material evidence to prove such an arrangement. The AO's reliance on the difference in profit margins from the transfer pricing report was deemed inadequate to establish that the course of business was arranged to produce more than ordinary profits. The Tribunal also noted that the assessee had provided commercial reasons for the higher profits, such as cost savings in sales and marketing, lower salary levels, and reimbursement of travel and incidental expenses, which were not adequately refuted by the AO. Additionally, the Tribunal observed that the AO's approach was misdirected as it assumed that the existence of high profits and a close connection was enough to invoke Section 80IA(10), contrary to judicial precedents that require substantive evidence of an arrangement to manipulate profits. In conclusion, the Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal and allowing the assessee's claim for deduction under Section 10A. The Tribunal reiterated that the AO had not proven any arrangement that resulted in higher profits, thus the re-computation of profits by invoking Section 10A(7) read with Section 80IA(10) was not justified. Order pronounced on this 12th day of July, 2017.
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