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2022 (4) TMI 1012 - AT - Income TaxTP Adjustment - determination of Arm's Length Price of payment of Management Service Fee to Associated Enterprises (AE) - HELD THAT - TPO has specifically mentioned that there are no changes in facts and circumstances of the issue. In the absence of any distinguishing feature in the facts of the immediately preceding year 2020 (3) TMI 175 - ITAT PUNE vis- -vis the current year, respectfully following the precedent, we hold the international transaction of payment of management services fees was at ALP. - Decided in favour of assessee.
Issues Involved:
1. Determination of Arm's Length Price (ALP) for payment of Management Service Fee (MSF) to Associated Enterprises (AE). 2. Selection of the tested party for Transfer Pricing analysis. 3. Adequacy and reliability of documentation and evidence submitted by the assessee. Issue-wise Detailed Analysis: 1. Determination of Arm's Length Price (ALP) for payment of Management Service Fee (MSF) to Associated Enterprises (AE): The primary issue for consideration was the determination of the ALP for the MSF paid by the assessee to its AE. The Transfer Pricing Officer (TPO) made an upward adjustment of ?1,17,45,602/- by determining the value of the MSF transaction as NIL. The TPO's analysis highlighted that the expenses were apportioned by the AE among different country-centres without relevance to the actual services rendered to individual units. The TPO concluded that the assessee failed to provide sufficient details about the nature of services rendered by the AE and could not establish that the fees charged were commensurate with the benefits received. The Dispute Resolution Panel (DRP) upheld the TPO's order, noting the absence of the Annual Report of Walter AG and other relevant documentation to verify the benchmarking analysis. 2. Selection of the tested party for Transfer Pricing analysis: The TPO rejected the selection of Walter AG as the tested party, arguing that Walter AG is a complex entity involved in manufacturing and trading of tools, making it unsuitable as the tested party. The TPO noted that the tested party should be the least complex entity, and Walter AG's functional profile did not match that criterion. The DRP concurred, stating that reliable data for Walter AG and the comparables selected by the assessee were not available, thus rejecting the benchmarking analysis using Walter AG as the tested party. 3. Adequacy and reliability of documentation and evidence submitted by the assessee: The assessee contended that the services were indeed provided by the AE, supported by a detailed chart and sample emails demonstrating the services rendered. The assessee argued that the TPO's findings were incorrect and that the MSF transaction was benchmarked using the Transactional Net Margin Method (TNMM) with European comparables. The ITAT in the assessee's own case for the A.Y. 2012-13 had previously held the MSF transaction at ALP, which the assessee cited as a precedent. The ITAT noted that the TPO had not benchmarked the MSF services using any prescribed methods, and the determination of the value of the MSF transaction at NIL was deemed bad in law. Conclusion: The ITAT concluded that the services were indeed provided by the AE, as evidenced by the detailed chart and corresponding emails. The ITAT held that the transaction of payment of MSF was at ALP, following the precedent set in the assessee's own case for the A.Y. 2012-13. The TPO's determination of the MSF transaction value as NIL was found to be incorrect. Consequently, the appeal of the assessee was allowed, and the transfer pricing adjustment pertaining to the MSF was deleted. Order Pronouncement: The appeal of the assessee was allowed, and the order was pronounced in the open Court on 4th April 2022.
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