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2020 (7) TMI 282 - AT - Income TaxTP Adjustment - interest due on outstanding receivable from Associate Enterprises - ALP adjustment u/s. 92C(3) towards Interest @ 7% on Outstanding Receivables from AEs on hypothetical and notional basis - HELD THAT - The assessee during the year under consideration had not availed any loan from AEs or unrelated third parties and was not incurring any interest cost. The agreement between the assessee and its AE vis- -vis terms of payment within stipulated period of 90 days cannot form basis for holding the existence of International transaction between assessee and its AE, where outstanding is not received within stipulated period. Such is the proposition laid down in Pr. CIT-V vs Kusum Health Care Pvt.Ltd. 2017 (4) TMI 1254 - DELHI HIGH COURT especially where working capital adjustment has been allowed to assessee. In any case, the credit period of 90 days is less than credit period of 90 to 120 days of comparables and no adjustment is warranted. In such facts and circumstances and following the ratio laid down by the Hon ble Delhi high Court in Kusum Healthcare Ltd. (supra) and also in line with the findings of the Tribunal in M/s. Global Logic India Ltd. 2017 (12) TMI 1052 - ITAT DELHI we find no merit in making any adjustment on account of interest due on receivable from its AE. - Decided in favour of assessee.
Issues Involved:
1. Non-issuance of Draft Assessment Order. 2. Transfer Pricing Adjustment on Account of Interest on Outstanding Receivables from Associated Enterprises (AEs). Issue-wise Detailed Analysis: 1. Non-issuance of Draft Assessment Order: - The assessee contended that the Assessing Officer (AO) erred by not issuing a Draft Assessment Order as required under Section 144C(1) of the Income Tax Act, 1961 (the Act). Instead, the AO issued a notice of demand under Section 156 and penalty notices under Sections 271AA and 271BA along with the Draft Assessment Order dated 23.12.2016, which effectively amounted to passing a Final Assessment Order. - This issue was not pressed by the assessee during the proceedings and hence was dismissed as not pressed. 2. Transfer Pricing Adjustment on Account of Interest on Outstanding Receivables from Associated Enterprises (AEs): - The primary issue raised by the assessee was against the transfer pricing adjustment made on account of interest due on outstanding receivables from AEs. - The assessee, a partnership firm engaged in Software Development Services, argued that the outstanding receivables were a result of international transactions for services rendered and not in the nature of advances or loans. The assessee also claimed that the working capital adjustment considered the impact of outstanding receivables. - The Transfer Pricing Officer (TPO) determined that the outstanding receivables should be treated as an international transaction under the retrospective explanation to Section 92B of the Act and proposed an upward adjustment of ?3,55,713/- by charging interest at 14.45% on receivables beyond the due date. The Dispute Resolution Panel (DRP) later adjusted this to ?1,76,612/-. - The assessee argued that its operating margins were higher than those of comparables and that the working capital adjustment should negate any further adjustment on account of interest on receivables. It was also pointed out that the credit period for AEs was shorter than that for comparables, and thus, no adjustment was warranted. - The Revenue contended that interest on receivables was a separate international transaction and that the working capital adjustment did not cover outstanding receivables. The Revenue also referred to the agreement between the assessee and AEs, which prescribed payment terms, and argued that any delay beyond the stipulated period warranted interest. - The Tribunal referred to the decision in M/s. Global Logic India Ltd. and the Delhi High Court's judgment in Pr. CIT-V vs Kusum Health Care Pvt. Ltd., which held that not all receivables from AEs automatically constitute an international transaction. The Tribunal emphasized that working capital adjustments already factored in the impact of receivables and that no further adjustment was necessary if the taxpayer was debt-free. - The Tribunal concluded that no adjustment on account of notional interest on receivables was warranted, especially when the credit period extended to AEs was comparable to or shorter than that of unrelated parties. The Tribunal allowed the assessee's appeal on this ground. Conclusion: - The Tribunal allowed both appeals of the assessee, concluding that no adjustment was warranted on account of notional interest on outstanding receivables from AEs, following the principles laid down by higher judicial authorities and considering the specific facts of the case.
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