2024 (7) TMI 721 - AT - Income Tax

TP Adjustment - Treatment of Outstanding Trade Receivables as Loan - TPO treated the delayed payments as unsecured loans advanced to the AEs and proposed to charge interest rate of 9.175% on the basis of prevailing average SBI Base Rate during the year - assessee prayed that DRP has clearly directed the AO/TPO to net off the payables and charge interest on net receivables and AO/TPO was directed to recompute the interest chargeable accordingly - assessee submitted that this has not been done by the AO/TPO. As per the exercise to be done, no adjustment is required - HELD THAT - Upon careful consideration, we find considerable cogency in the submissions of the ld. counsel for the assessee. Accordingly, we remit the issue to the file of AO/TPO to properly apply the DRP s directions on this issue and decide as per law after giving the assessee an opportunity of being heard. In the result, the appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
1. Transfer Pricing Adjustment
2. Treatment of Outstanding Trade Receivables as Loan
3. Application of Interest Rate on Outstanding Receivables
4. Benchmarking of Interest Rate
5. Delay Period for Charging Interest
6. Netting off Payables for Interest Calculation
7. Compliance with DRP Directions

Transfer Pricing Adjustment:
The appeal challenges the enhancement of the assessee's income by a specific amount due to Transfer Pricing adjustments under section 92CA(3) of the Income-tax Act, 1961. The grounds of appeal include errors in treating outstanding receivables from Associated Enterprises (AEs) as a separate international transaction and re-characterizing them as a loan advanced to AEs. The appeal also contests the disregard of judicial pronouncements in India during the Transfer Pricing adjustments.

Treatment of Outstanding Trade Receivables as Loan:
During Transfer Pricing proceedings, the TPO observed that the assessee had significant outstanding trade receivables from its AEs, not mentioned in Form 3CEB or benchmarked in the TP study. As the assessee did not respond to this issue, the TPO treated the delayed payments as unsecured loans to AEs and proposed an interest rate based on the prevailing SBI Base Rate.

Application of Interest Rate on Outstanding Receivables:
The TPO proposed to charge interest on the outstanding receivables based on the SBI Base Rate, as the assessee did not provide details on payment dates. The entire outstanding amount was treated as a loan advanced to the AEs.

Benchmarking of Interest Rate:
The DRP directed the TPO to verify if the outstanding receivables were denominated in foreign currency and suggested using the LIBOR rate as an appropriate benchmark interest rate for transactions in foreign currency. The TPO was instructed to apply the LIBOR rate plus the assessee's credit rate, as per a judgment of the Delhi High Court.

Delay Period for Charging Interest:
The DRP recommended considering a delay of 60 days as reasonable for charging interest on receivables, based on normal trade practices. The AO/TPO were directed to net off payables and charge interest on net receivables accordingly.

Netting off Payables for Interest Calculation:
The counsel for the assessee argued that the AO/TPO did not comply with the DRP's direction to net off payables and charge interest on net receivables. The Tribunal found merit in this argument and remitted the issue back to the AO/TPO to apply the DRP's directions properly and decide in accordance with the law.

Compliance with DRP Directions:
The Tribunal allowed the appeal for statistical purposes, noting that the AO/TPO had not properly applied the DRP's directions. The issue was remitted to the AO/TPO to recompute the interest chargeable on outstanding net receivables as directed by the DRP.