2023 (8) TMI 587 - AT - Income Tax

Non-granting of foreign tax credit as per section 90 - AR submitted that, the assessee filed form 67 before the authorities below which has not been considered - HELD THAT - In the interest of justice, we remand this issue to the Ld.AO/TPO to consider the claim of assessee in accordance with law. Levy of interest u/s. 234A - as submission by assessee return of income was filed within the due date and therefore interest u/s. 234A cannot be computed - HELD THAT - In the interest of justice, we remand this issue to the Ld.AO to verify the claim and to consider in accordance with law. Short grant of TDS credit and short grant of credit for advance tax paid - HELD THAT - In the interest of justice, we remand these issues back to the AO. Assessee is directed to once again file all the relevant details in respect of the TDS paid and the advance tax paid. AO is directed to verify the same and consider the claim of assessee in accordance with law. Short grant of credit for refund adjusted against the year under consideration - AR submitted that the Ld.AO has not granted credit for the adjustment in respect of the refunds pertaining to other Assessment Year that was adjusted against the year under consideration - HELD THAT - Assessee is directed to once again file all the relevant details in respect of the TDS paid and the advance tax paid. The Ld.AO is directed to verify the same and consider the claim of assessee in accordance with law.

Issues:
1. Transfer pricing
2. Determination of arm's length price of international transactions
3. Computation of notional interest on delayed receivables
4. Recharacterization of Compulsorily Convertible Debentures (CCDs) as an equity instrument
5. Non-grant of relief in respect of foreign taxes under section 90 of the Act
6. Erroneous levy of interest under section 234A of the Act
7. Short grant of TDS credit
8. Short grant of credit for advance tax paid
9. Short grant of credit for refunds adjusted against AY 2018-19
10. Erroneous computation of interest under Section 234B of the Act
11. Erroneous computation of interest under Section 234C of the Act
12. Initiation of penalty proceedings

Transfer Pricing:
The appeal was filed against the order passed by the Ld.DCIT, challenging the transfer pricing adjustments made by the Ld.TPO. The grounds of appeal included issues related to violation of natural justice, lack of jurisdiction in making references, and failure to demonstrate the motive behind the international transactions. The Tribunal remanded the issue to the Ld.AO/TPO for reconsideration.

Determination of Arm's Length Price:
The Ld.TPO/Ld. Panel made an addition to the total income of the Assessee based on transfer pricing matters, which the Appellant contested. The Tribunal allowed the Appellant to withdraw the grounds related to transfer pricing adjustments.

Computation of Notional Interest on Delayed Receivables:
The Ld. AO/TPO/Panel treated delayed receivables as an international transaction and computed notional interest on them. The Tribunal directed a reevaluation of this issue by the Ld.AO.

Recharacterization of CCDs as Equity Instrument:
The Ld.AO/TPO/Panel recharacterized CCDs as equity instruments and recomputed the arm's length price of interest paid thereon. The Tribunal directed consideration of the Appellant's own case for AY 2015-16 where CCDs were treated as debt instruments.

Non-grant of Relief for Foreign Taxes:
The Appellant's claim for relief under section 90 of the Act was not considered by the authorities. The Tribunal remanded the issue for proper examination by the Ld.AO/TPO.

Erroneous Levy of Interest:
The Appellant contested the levy of interest under section 234A, claiming that the return of income was filed within the due date. The Tribunal remanded the issue for verification by the Ld.AO.

Short Grant of TDS Credit:
Issues regarding short grant of TDS credit and credit for advance tax paid were raised by the Appellant. The Tribunal directed the Appellant to provide relevant details for reconsideration by the Ld.AO.

Short Grant of Credit for Refunds Adjusted:
The Appellant claimed a short grant of credit for refunds adjusted against AY 2018-19, which was not considered by the Ld.AO. The Tribunal remanded the issue for proper verification and consideration.

Erroneous Computation of Interest:
The Appellant challenged the computation of interest under sections 234B and 234C, claiming errors in the amounts levied. The Tribunal remanded these issues for review by the Ld.AO.

Initiation of Penalty Proceedings:
The Ld.AO initiated penalty proceedings under section 270A for under-reporting of income. No specific direction was provided by the Tribunal on this issue.

This summary provides a detailed overview of the issues raised in the legal judgment, including the grounds of appeal, challenges faced by the Appellant, and the Tribunal's directions for reconsideration and verification by the tax authorities.

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