2022 (12) TMI 991 - AT - Income Tax

TP Adjustment - selection of MAM - lower authorities justification in rejecting the Cost Plus Method as the most appropriate method for purpose of benchmarking the international transactions relating to purchase of raw material - HELD THAT - The ratio laid down in the case of Vishay Components India (P.) Ltd 2019 (2) TMI 1449 - BOMBAY HIGH COURT wherein, it was held that when a particular method is accepted by the Department to determine the arm s length price of international transactions in the absence of change of facts, the Department should benchmark the international transactions adopting the same method as most appropriate method. In the present case also, it is not the case of the Department that there is difference in facts warranting a different view in the current assessment year regarding the selection of the most appropriate method for the purpose of benchmarking the international transactions. We are of the considered opinion that the AO/TPO/DRP was not justified in rejecting the Cost Plus Method adopted by the assessee for the purpose of benchmarking the international transactions in the absence of difference in the facts of the case. Therefore, we remand the matter to the file of the AO/TPO with a direction to compute the arm s length price of the international transactions by adopting the Cost Plus Method as the most appropriate method de novo after affording due opportunity of being heard to the assessee company.

Summary

Issues:
1. Selection of the most appropriate method for benchmarking international transactions.
2. Justification for rejecting the Cost Plus Method.
3. Consistency in method selection by the Department.
4. Appeal against the final assessment order.

Issue 1: Selection of the most appropriate method for benchmarking international transactions:
The appellant, a company engaged in manufacturing, filed an appeal against the final assessment order for the assessment year 2012-13. The company reported various international transactions and adopted the Cost Plus Method in its TP study report. The Assessing Officer referred the matter to the TPO, who determined the arm's length price using the TNM Method. The draft assessment proposed a TP adjustment based on the TPO's determination. The DRP confirmed the action, leading to a final assessment order with an arm's length price adjustment. The appellant contested the rejection of the Cost Plus Method, citing consistency in method application over the years.

Issue 2: Justification for rejecting the Cost Plus Method:
The appellant argued that the Department had consistently accepted the Cost Plus Method in previous and subsequent years, emphasizing the principle of consistency. Citing a relevant High Court decision, the appellant contended that in the absence of changes in facts, the same method should be accepted for benchmarking international transactions. The CIT-DR did not oppose remanding the matter for reconsideration using the Cost Plus Method.

Issue 3: Consistency in method selection by the Department:
The appellant highlighted the Department's historical acceptance of the Cost Plus Method for determining arm's length prices. Referring to a specific court case, the appellant argued that unless there are factual changes, the Department should maintain consistency in method selection for benchmarking international transactions. The Tribunal agreed with the appellant's argument and remanded the matter for a fresh determination using the Cost Plus Method, stressing the importance of consistency in method selection.

Issue 4: Appeal against the final assessment order:
The Tribunal partially allowed the appellant's appeal, remanding the matter to the Assessing Officer/TPO for recalculating the arm's length price using the Cost Plus Method. The decision was based on the principle of consistency in method selection by the Department and the absence of factual changes warranting a different approach. The appeal was allowed for statistical purposes.

In conclusion, the Tribunal's judgment focused on the consistent application of the Cost Plus Method for benchmarking international transactions, emphasizing the importance of maintaining methodological consistency in the absence of factual changes. The decision to remand the matter for reconsideration using the Cost Plus Method underscored the significance of adherence to established practices in determining arm's length prices for international transactions.