2023 (10) TMI 972 - AT - Income Tax

TP Adjustment - notional interest on receivable - TPO held that the delayed payment are being treated as unsecured loan advance to the AE and charged the interest at 12.51% i.e. 6 months labor 400 basic point for commuting notional interest for the delayed period - HELD THAT - By respectfully following the above order of the Co-ordinate Bench in assessee s own case for AY 2016-17 2021 (7) TMI 831 - ITAT DELHI we are of the considered opinion that since the assessee found to be debt free company , the action of the revenue making adjustment on account of notional interest on the receivable cannot be justified. Consequently, Ground of the assessee are allowed.

Issues Involved:
1. Validity of the final assessment order.
2. Transfer Pricing (TP) adjustment in relation to availing of technical services segment (TSS).
3. TP adjustment in relation to provision of marketing support services.
4. TP adjustment in relation to notional interest on overdue receivables.
5. Treatment of foreign exchange gain/loss.
6. Initiation of penalty proceedings u/s 270A.

Summary:

1. Validity of the Final Assessment Order:
The assessee challenged the final assessment order framed by the National Faceless Assessment Centre, Delhi, arguing it was passed in violation of principles of natural justice and is arbitrary, thus bad in law and void ab-initio. This issue was not adjudicated as it was general in nature.

2. TP Adjustment in Relation to Availing of Technical Services Segment (TSS):
The assessee contended that the AO/TPO erred in recharacterizing its functional profile and in rejecting certain comparable companies while determining the Arm's Length Price (ALP). However, these grounds were dismissed as infructuous since the impugned additions were deleted by the TPO vide rectification order dated 19/04/2022.

3. TP Adjustment in Relation to Provision of Marketing Support Services:
The assessee argued against the rejection of comparable companies and the fresh economic analysis conducted by the AO/TPO. Similar to the TSS segment, these grounds were dismissed as infructuous due to the rectification order dated 19/04/2022.

4. TP Adjustment in Relation to Notional Interest on Overdue Receivables:
The main issue involved the adjustment of INR 1,74,43,115 for notional interest on overdue receivables. The TPO treated delayed payments as unsecured loans and charged interest at 12.51%. The DRP upheld this adjustment based on the judgment in CIT Vs. Cotton Naturals India Pvt. Ltd. However, the Tribunal, following its own previous decisions and the judgment in Pr. CIT Vs BECHTEL India Pvt. Ltd., held that since the assessee is a debt-free company, the adjustment on account of notional interest on receivables is not justified. Consequently, these grounds were allowed.

5. Treatment of Foreign Exchange Gain/Loss:
The assessee challenged the treatment of foreign exchange gain/loss as a non-operating item while determining the ALP. This issue was not pressed by the assessee and thus not adjudicated.

6. Initiation of Penalty Proceedings u/s 270A:
The assessee contended that the AO erred in initiating penalty proceedings u/s 270A. This issue was not pressed by the assessee and thus not adjudicated.

The appeal was partly allowed, primarily in favor of the assessee regarding the notional interest on receivables. The stay application filed along with the appeal was rendered infructuous.

← Previous Next →