2020 (9) TMI 68 - AT - Income Tax

Computation of deduction u/s 10AA - computation mechanism provided under the APA agreement - ALP adjustment made by the assessee pursuant to APA as a Voluntary Transfer Pricing adjustment - HELD THAT - The ALP adjustment made by the assessee pursuant to APA is a Voluntary Transfer Pricing adjustment and is therefore eligible for deduction under section 10AA of the Act, as section 10AA(1) read with 10AA(7) of the Act uses the expression Profits and gains derived from the export of the unit which is wide in nature and covers the increased profits of the Company after making the ALP adjustment pursuant to APA. Whether ALP adjustment pursuant to APA falls within the ambit of proviso to Section 92C(4) of the Act ? - HELD THAT - ITAT Bangalore in case of IBM India Pvt Ltd 2020 (8) TMI 196 - ITAT BANGALORE , following the decision of Pune Tribunal in case of DAR AL Handasah Consultants (Shair partners) India Pvt Ltd 2019 (12) TMI 153 - ITAT PUNE has held that deduction under section 10AA of the Act has to be allowed on incremental income arisen pursuant to APA as per modified return filed under section 92CD of the Act as same is not hit by proviso to section 92C(4) We hold that the ALP adjustment made pursuant to APA by the assessee in respect of Gurqaon SEZ unit results in increase in profits of the business of the undertaking/unit, the increased profits of the assessee being eligible for deduction under section 10AA of the Act given the wide nature of the expression used in section 10AA i.e. 'Profits of the business of the undertaking/unit' and that the proviso to section 92C(4) is not a bar to allowing such a claim. - Decided against revenue.

Summary

Issues:
- Interpretation of the 1st proviso of section 92C(4) of the Income Tax Act regarding voluntary transfer pricing adjustment.
- Claim of deduction under section 10AA in respect of voluntary transfer pricing adjustment.
- Application of APA terms in computing taxable income.
- Allowability of deduction under section 10AA for voluntary transfer pricing adjustment.
- Provisions of Section 92C(4) and their impact on deduction under section 10AA.

Interpretation of 1st Proviso of Section 92C(4):
The case involved the interpretation of the 1st proviso of section 92C(4) of the Income Tax Act regarding the insertion of the term 'Voluntary' before 'enhancement of income' after the computation of income. The revenue contended that the CIT(A) erred in interpreting this proviso and failed to realize its trigger conditions. The AO raised concerns about the voluntary transfer pricing adjustment made by the assessee.

Claim of Deduction under Section 10AA:
The assessee, a subsidiary of a Netherlands-based entity, was engaged in providing ITES to its Associated Enterprises. The transaction was international, requiring adherence to arm's length pricing regulations. The assessee made voluntary transfer pricing adjustments, leading to a dispute over the claim of deduction under section 10AA for the enhanced income due to the adjustments.

Application of APA Terms in Computing Taxable Income:
The assessee entered into an Advance Pricing Agreement (APA) with the CBDT, agreeing to recover profit margins for services rendered to AEs. The modified return filed in compliance with the APA terms reflected the ALP adjustments made by the assessee. The TPO accepted the international transactions as arm's length, but the AO denied the claim of deduction under section 10AA.

Allowability of Deduction under Section 10AA for Voluntary Transfer Pricing Adjustment:
The CIT(A) allowed the deduction under section 10AA for the voluntary transfer pricing adjustments, considering them as not hit by the provisions of section 92C(4). Judicial precedents were cited to support the allowance of deduction for voluntary adjustments, distinct from adjustments made by the TPO.

Provisions of Section 92C(4) and Impact on Deduction under Section 10AA:
The Tribunal analyzed the proviso to Section 92C(4) which denies deduction under section 10AA for TPO adjustments but allows it for voluntary adjustments. Previous decisions and judicial precedents were referenced to support the conclusion that the voluntary transfer pricing adjustments were eligible for deduction under section 10AA, despite the provisions of Section 92C(4).

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the parties, the application of relevant legal provisions, and the judicial reasoning leading to the final decision by the Tribunal.