2025 (1) TMI 812 - AT - Income Tax

TP Adjustment - Comparable selection - inclusion of Magma Advisory Services Ltd. - HELD THAT - We direct the AO/TPO to include Magma Advisory Services Ltd. in the list of comparables. Depreciation at the rate of 60% on intangible assets i.e. computer software - DRP directs the AO to verify the details of computer software provided by the assessee and treat the same as intangible asset if it involves kind of patent etc. and determined the rate of depreciation as per the Act - HELD THAT - AO is directed to comply with the directions of the DRP and decide the issue, accordingly. - Ground allowed for statistical purpose. Disallowance made u/s. 40(a)(ia) - non deduction of taxes on payment for International Travel Expense - HELD THAT -As assessee has submitted that out disallowance so made, taxes on international travel expense was duly deducted and deposited. The AO is directed to verify this contention of the assessee and take necessary action as per law. AO is directed to decide this issue in accordance with the aforesaid directions. Ergo, ground allowed for statistical purpose.

1. ISSUES PRESENTED and CONSIDERED

The legal judgment primarily addresses the following issues:

Whether the Transfer Pricing Officer (TPO) correctly computed the margins of comparable companies in line with the directions of the Dispute Resolution Panel (DRP).
Whether Magma Advisory Services Ltd. should be included in the list of comparables for the purpose of transfer pricing analysis.
Whether the assessee is entitled to a higher rate of depreciation at 60% on computer software treated as intangible assets.
Whether the disallowance under Section 40(a)(ia) of the Income Tax Act, due to non-deduction of taxes on International Travel Expenses, was justified.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Computation of Margins of Comparable Companies

Relevant legal framework and precedents: The DRP directed the TPO to follow the OECD methodology for working capital adjustment and apply the SBI Prime Lending Rate as the interest rate.
Court's interpretation and reasoning: The Tribunal found that the TPO did not fully comply with the DRP's directions and instructed the TPO to adhere to these directives.
Key evidence and findings: The DRP's directions were explicit in requiring adherence to specific methodologies and interest rates.
Application of law to facts: The Tribunal directed the TPO to implement the DRP's instructions in full.
Treatment of competing arguments: The Tribunal focused on ensuring compliance with the DRP's clear directions without significant counterarguments presented.
Conclusions: The Tribunal allowed the ground for statistical purposes, emphasizing the need for proper adherence to the DRP's directions.

Issue 2: Inclusion of Magma Advisory Services Ltd. as a Comparable

Relevant legal framework and precedents: The TPO excluded Magma based on alleged persistent negative cash flow, while the DRP's directions and the Tribunal's past findings were considered.
Court's interpretation and reasoning: The Tribunal found that Magma was not a persistent loss-making company and that the TPO's exclusion was based on incorrect financial analysis.
Key evidence and findings: Financial records showed profits in the relevant years, contradicting the TPO's rationale for exclusion.
Application of law to facts: The Tribunal directed the inclusion of Magma as a comparable, rejecting the functional disparity argument raised by the Department.
Treatment of competing arguments: The Tribunal dismissed the Department's new argument on functional disparity, noting it was not raised by the TPO.
Conclusions: The Tribunal partially allowed the ground, directing the inclusion of Magma in the list of comparables.

Issue 3: Depreciation Rate on Computer Software

Relevant legal framework and precedents: The assessee claimed a depreciation rate of 60% on computer software, which the AO restricted to 25%.
Court's interpretation and reasoning: The DRP directed the AO to verify the nature of the software and apply the appropriate depreciation rate.
Key evidence and findings: The DRP's directions required verification of the software's nature to determine if it qualifies as an intangible asset.
Application of law to facts: The Tribunal instructed the AO to comply with the DRP's directions and verify the details.
Treatment of competing arguments: The Tribunal focused on ensuring the AO's compliance with the DRP's verification directive.
Conclusions: The Tribunal allowed the ground for statistical purposes, emphasizing the need for compliance with the DRP's directions.

Issue 4: Disallowance under Section 40(a)(ia) for International Travel Expenses

Relevant legal framework and precedents: The DRP directed the AO to verify the assessee's claim of tax deduction and deposit concerning international travel expenses.
Court's interpretation and reasoning: The Tribunal found that the AO did not comply with the DRP's verification directive.
Key evidence and findings: The DRP's directive required the AO to verify the deduction and deposit of taxes related to the expenses.
Application of law to facts: The Tribunal instructed the AO to follow the DRP's directions and verify the assessee's claims.
Treatment of competing arguments: The Tribunal focused on the procedural compliance of the AO with the DRP's directive.
Conclusions: The Tribunal allowed the ground for statistical purposes, directing compliance with the DRP's instructions.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "The TPO is directed to give effect to the above directions of the DRP in letter and spirit."
Core principles established: The necessity for the TPO and AO to comply fully with the DRP's directions and the importance of accurate financial analysis in determining comparables.
Final determinations on each issue: The Tribunal allowed the appeal partly, directing compliance with DRP directions and including Magma in the list of comparables.

The judgment emphasizes the importance of adherence to procedural directions from higher authorities and accurate financial analysis in transfer pricing cases.

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