2020 (12) TMI 983 - AT - Income Tax

TP Adjustment - Working capital adjustment - HELD THAT - AO/TPO has to consider the assessee s case as entitled for working capital adjustment as in earlier year, while determining the ALP. Accordingly, we direct the A.O. to determine the appropriate rate of working capital risk adjustment after going through the relevant records of the assessee. Comparable selection - Mubea Suspension (India) Ltd. rejected by the TPO on the reason that this comparable is having loss for 2 years out of 3 years - It is not disputed that there is only one-year profit out of 3 successive financial years. Being so, there is a profit in 1 year out of consecutive 3 financial years, Mubea Suspension (India) Ltd. to be considered as a comparable to determine the ALP of the transactions in assessee s case as held in the case of KBACE Technologies Pvt. Ltd. 2020 (2) TMI 78 - ITAT BANGALORE . TP adjustment should be restricted to international transaction with the Associated Enterprises - contention of the assessee is that as the quantum of sales made to the A.E. vis- -vis total sales is 52.16%, it is stated that if the TP adjustment is to be restricted only to the quantum of manufacturing sales pertaining to A.Es i.e. 52.16% and it cannot be extended to other than international transactions to A.E. - HELD THAT - As gone through the orders of the authorities below. Admittedly, this issue came for consideration in assessee s own case in the assessment year 2010-11. The Tribunal on this issue observed in para 23 2016 (7) TMI 1281 - ITAT BANGALORE that TPO was confined to the adjustment to the value of international transactions only as the section 92 of the Act applies with reference to computation of income from international transactions having regard to ALP in this AY 2013-14 and other domestic transactions cannot be considered for determining ALP in this A.Y. Being so, we direct the AO/TPO to confine the TPO adjustment only on international transaction in manufacturing segment only. Benefit of /- 3% as applicable under proviso to section 92C(2) - HELD THAT - We observe that while computing the ALP if the profit margin is within the range of /- 3% in terms of section 92C(2) of the Act there it cannot be any TP adjustment with regard to the international transactions. The AO/TPO to take note of provision of section 92C(2) of the Act and decide accordingly. Ordered accordingly.

Issues Involved:
1. Assessment of total income.
2. Transfer pricing adjustment in the manufacturing segment.
3. Use of single-year margins of comparable companies.
4. Non-grant of working capital adjustment.
5. Consideration of abnormal expenditure as operating in nature.
6. Rejection of comparable companies identified by the appellant.
7. Inclusion of additional companies as comparable.
8. Rejection of internal TNMM analysis.
9. Non-grant of depreciation adjustment.
10. Restriction of TP adjustment to international transactions with associated enterprises.
11. Benefit of +/- 3% under proviso to section 92C(2).
12. Levy of interest under section 234B.
13. Initiation of penalty proceedings under section 271.

Detailed Analysis:

1. Assessment of Total Income:
The appellant contested the assessment of total income at INR 12,58,91,068 against the declared nil income. However, no serious arguments were presented, and this ground was dismissed as not pressed.

2. Transfer Pricing Adjustment in the Manufacturing Segment:
The appellant challenged the transfer pricing adjustment of INR 11,71,20,595, arguing that their economic analysis was not accepted. This ground was dismissed as not pressed.

3. Use of Single-Year Margins of Comparable Companies:
The appellant argued against the use of financial data for only the financial year ended 31 March 2013, advocating for multiple years' data. This ground was dismissed as not pressed.

4. Non-Grant of Working Capital Adjustment:
The appellant highlighted contradictory findings by the TPO regarding working capital adjustment. The Tribunal referred to a previous decision in the appellant's own case for the assessment year 2010-11, directing the AO/TPO to determine the appropriate rate of working capital risk adjustment after reviewing relevant records.

5. Consideration of Abnormal Expenditure as Operating in Nature:
The appellant contested the inclusion of program launch expenses as part of operating expenses. This ground was dismissed as not pressed.

6. Rejection of Comparable Companies Identified by the Appellant:
The appellant sought the inclusion of Mubea Suspension (India) Ltd. as a comparable, which was initially rejected due to persistent losses. The Tribunal, referencing a precedent, directed the AO/TPO to consider Mubea Suspension (India) Ltd. as a comparable if it showed profit in any one of the three financial years.

7. Inclusion of Additional Companies as Comparable:
The appellant contested the inclusion of certain companies as comparables. This ground was dismissed as not pressed.

8. Rejection of Internal TNMM Analysis:
The appellant's alternative analysis using Internal TNMM was rejected. This ground was dismissed as not pressed.

9. Non-Grant of Depreciation Adjustment:
The appellant argued for a depreciation adjustment due to underutilized capacity. This ground was dismissed as not pressed.

10. Restriction of TP Adjustment to International Transactions with Associated Enterprises:
The appellant contended that TP adjustments should be restricted to the quantum of manufacturing sales to associated enterprises (52.16%). The Tribunal, referencing a previous decision, directed the AO/TPO to confine the TP adjustment only to international transactions in the manufacturing segment.

11. Benefit of +/- 3% Under Proviso to Section 92C(2):
The appellant sought the benefit of +/- 3% under section 92C(2). The Tribunal directed the AO/TPO to consider this provision while computing the ALP and decide accordingly.

12. Levy of Interest Under Section 234B:
The appellant contested the levy of interest under section 234B. This ground was dismissed as not pressed.

13. Initiation of Penalty Proceedings Under Section 271:
The appellant contested the initiation of penalty proceedings under section 271. This ground was dismissed as not pressed.

Conclusion:
The appeal was partly allowed, with specific directions for the AO/TPO to reconsider certain adjustments and apply relevant provisions as discussed. The Tribunal provided detailed instructions for the reconsideration of working capital adjustments and the inclusion of specific comparables.

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