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2022 (5) TMI 685 - AT - Income TaxTP Adjustment - adjustment in respect of corporate guarantee - amount guarantee provided by Havells Holdings Ltd. was Rs.143.13 crores against which the TPO has calculated guarantee fee @ 1.3 % amounting to Rs.1.86 crores - HELD THAT - Keeping in view, the judgments of the Hon ble Bombay High Court Everest Kento Cylinders Ltd 2015 (5) TMI 395 - BOMBAY HIGH COURT and Thomas Cook (India) Ltd. 2019 (9) TMI 473 - BOMBAY HIGH COURT in the absence of any other judgment contrarily brought to our notice, we hereby direct that the adjustment in respect of corporate guarantee provided to AEs be determined at date of 0.5 % instead of 1.3% determined by the revenue. Disallowance in respect of provision made for sales incentive under Shahenshah Scheme - HELD THAT - This issue stands covered in the case of the assessee by the order of the Co- ordinate Bench of the Tribunal 2021 (1) TMI 741 - ITAT DELHI . As a result, the appeal of the assessee on this ground is allowed and it is to be kept outside the purview of Section 115 JB. Denial of claim of deduction u/s 80IC on interest income - HELD THAT - We find that the Hon ble Delhi High Court in the case of PCIT vs. Bharat Sanchar Nigam Ltd. 2016 (8) TMI 270 - DELHI HIGH COURT and the Co- ordinate Bench of Tribunal in the case of M/ s. NHPC Ltd. 2019 (5) TMI 1664 - ITAT DELHI has held that the Revenue was not justified in denying the claim of deduction on such income. Before us, Revenue has not pointed any contrary binding decision in its support. We therefore, hold that AO not justified in denying the claim of deduction u/ s 80IC of the Act and thus direct the AO to grant deduction u/ s 80 IC on the interest income earned by the assessee.
Issues Involved:
1. Legality of CIT(A) order. 2. Addition of Rs.1,86,00,000/- on account of arm’s length price for corporate guarantee. 3. Disallowance of Rs.14,97,14,639/- for sales incentive provision under "Shahenshah Scheme." 4. Reduction of deduction u/s 80IC for Baddi and Haridwar units by excluding interest income. 5. Non-allowance of deduction for education cess and secondary and higher education cess of Rs.3,53,53,017/-. Detailed Analysis: 1. Legality of CIT(A) Order: The assessee challenged the legality of the CIT(A) order, deeming it "bad in law and wrong on the facts and in the circumstances of the case and legal position." 2. Addition on Account of Arm’s Length Price for Corporate Guarantee: The Transfer Pricing Officer (TPO) determined that the corporate guarantee extended to associated enterprises (AEs) without charging an adequate fee was an "international transaction" under Section 92B of the IT Act, 1961. The TPO used the Comparable Uncontrolled Price (CUP) method, relying on data from the State Bank of India, to benchmark the transaction. The TPO concluded that a 1.30% fee should be charged, resulting in an addition of Rs.1.86 crores to the assessee’s income. The assessee argued that providing corporate guarantees was a shareholder activity, not an international transaction, and that no cost was incurred. The tribunal, however, upheld the TPO's view, referencing the Madras High Court’s decision in Redington India Pvt. Ltd. and other precedents. The tribunal adjusted the fee rate to 0.5% instead of 1.3%, aligning with judgments from the Bombay High Court in CIT Vs. Everest Kento Cylinders Ltd. and CIT Vs. Thomas Cook (India) Ltd. 3. Disallowance for Sales Incentive Provision under "Shahenshah Scheme": The assessee contested the disallowance of Rs.14,97,14,639/- for the provision made under the "Shahenshah Scheme," arguing it was based on a scientific method and not a contingent liability. The tribunal referenced its earlier decisions in the assessee’s own cases for AY 2006-07, 2007-08, and 2008-09, where similar provisions were deemed scientifically based and allowable. Consequently, the tribunal allowed the appeal on this ground and excluded the provision from the purview of Section 115JB. 4. Reduction of Deduction u/s 80IC: The assessee challenged the reduction of the deduction allowable u/s 80IC by excluding interest income earned by the Baddi and Haridwar units. The tribunal referred to its previous decisions and the Delhi High Court’s ruling in PCIT vs. Bharat Sanchar Nigam Ltd., which held that interest income, being inextricably linked to the main business activity, was eligible for deduction. The tribunal directed the AO to grant the deduction u/s 80IC on the interest income, thus allowing the appeal on this ground. 5. Non-Allowance of Deduction for Education Cess: The issue of non-allowance of deduction for education cess and secondary and higher education cess was not elaborated upon in the judgment, implying it was not a primary focus of the tribunal’s decision. Conclusion: The tribunal allowed the appeal of the assessee on all grounds, directing adjustments in the arm’s length price for corporate guarantees and granting deductions for the Shahenshah Scheme provision and interest income under Section 80IC. The tribunal’s decisions were based on precedents and detailed legal analysis, ensuring the application of the arm’s length principle and proper interpretation of the IT Act provisions.
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