2025 (4) TMI 326 - AT - Income Tax

TP Adjustment - rejection of TP Study of the assessee - TPO held that the tested party is the foreign AE except one. Those tested parties are service providers unlike the assessee - selection of tested parties was questioned by the Ld. TPO on the basis of functionality along with the geographical area and various market factors affecting the overall pricing margin and cost of the services - HELD THAT - Since no material was brought on the records by the assessee to contradict the finding of the authorities below. We therefore of the considered view that there is no infirmity in the finding of the authorities below that the assessee should be the tested party and comparables should be indigenous instead of foreign AE service providers and foreign comparables. Similar issue raised in the assessee s case in the 2024 (8) TMI 1546 - ITAT DELHI was also upheld in principle by the coordinate bench. Thus in view of the above we in principle also upheld the finding of the authorities below rejecting the TP Study of the assessee. Adoption of CUP method instead of TNMM for benchmarking international transactions - Since no material was brought on the records by the assessee to contradict the finding of the authorities below. We therefore of the considered view that there is no infirmity in the finding of the authorities below applying the CUP method for benchmarking. Selection of comparable - Kotak - We are of the considered view that Kotak is suitable comparison provided their similar services are compared amongst themselves along with the specific data in that regard only for arriving the correct benchmarking. Ordered accordingly. Considering the facts in entirety we find that the Ld. TPO is not justified in arriving the ALP at NIL on the reasoning that the assessee failed to submit any corroboratory evidence for receipt/rendering of services by its AEs. The TPO should have looked into all the evidences submitted by the assessee and give finding thereafter. It is an accepted fact that the transactions between the assessee and AE will be always subjective in nature. It may be advantageous to the assessee to engage its AE for Intra Group Services as a business model. The costing of the same therefore required proper analysis and examination to rule out any payment made than that of arm s length price. For that purpose the TPO should verify and work out the arm s length margin by applying applicable transfer pricing mechanism as per Income Tax Rules and determine the quantum of the adjustment thereon.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in the judgment are:

(i) Whether the Transfer Pricing (TP) study conducted by the assessee was correctly rejected by the Transfer Pricing Officer (TPO).

(ii) Whether the Comparable Uncontrolled Price (CUP) method should be adopted instead of the Transactional Net Margin Method (TNMM) for benchmarking international transactions.

(iii) Whether the choice of Kotak Mahindra Bank Ltd. as a comparable for benchmarking was appropriate.

(iv) Whether the intra-group services transactions were correctly characterized and whether the adjustments made by the TPO were justified.

ISSUE-WISE DETAILED ANALYSIS

(i) Rejection of TP Study

- Relevant legal framework and precedents: The TPO questioned the selection of tested parties and the use of foreign comparables, citing insufficiency and inaccuracy of data. The TPO applied Rule 10B(4) of the Income Tax Rules, emphasizing the use of current year data unless abnormal factors are demonstrated.

- Court's interpretation and reasoning: The Tribunal upheld the TPO's decision, noting the lack of material evidence from the assessee to counter the findings regarding data accuracy and selection of comparables.

- Conclusions: The Tribunal found no infirmity in the TPO's rejection of the TP Study, affirming that the assessee should be the tested party with indigenous comparables.

(ii) Adoption of CUP Method

- Relevant legal framework and precedents: The TPO applied the CUP method, arguing that the TNMM was inappropriate due to the lack of similar services rendered to third parties and the absence of public information on comparable transactions.

- Court's interpretation and reasoning: The Tribunal agreed with the TPO's application of the CUP method, noting that the assessee failed to provide an alternative benchmarking approach and that the TPO did not apply the Bright Line Test as alleged by the assessee.

- Conclusions: The Tribunal upheld the TPO's use of the CUP method for benchmarking, finding no material evidence to contradict the TPO's findings.

(iii) Choice of Comparable (Kotak Mahindra Bank Ltd.)

- Key evidence and findings: The TPO used Kotak as a comparable based on its business segments, which aligned with the assessee's operations. The assessee contested this, arguing differences in income sources and financial outcomes.

- Court's interpretation and reasoning: The Tribunal found Kotak to be a suitable comparable, provided that similar services were compared with specific data for accurate benchmarking.

- Conclusions: The Tribunal ordered that similar services between Kotak and the assessee be compared for proper benchmarking.

(iv) Characterization and Adjustments of Intra-Group Services

- Relevant legal framework and precedents: The TPO questioned the commercial expediency of intra-group services, suggesting that the arm's length price should be nil due to lack of evidence of benefit.

- Court's interpretation and reasoning: The Tribunal disagreed with the TPO's nil valuation, emphasizing the need for a detailed analysis of the services and their costs to determine the arm's length price.

- Conclusions: The Tribunal remitted the matter back to the TPO for a fresh determination of the arm's length margin, requiring a proper analysis of the evidence submitted by the assessee.

SIGNIFICANT HOLDINGS

- The Tribunal upheld the rejection of the TP Study, affirming the selection of the assessee as the tested party with indigenous comparables.

- The Tribunal supported the use of the CUP method for benchmarking, emphasizing the lack of alternative approaches provided by the assessee.

- The Tribunal found Kotak to be a suitable comparable, mandating a comparison of similar services with specific data.

- The Tribunal remitted the issue of intra-group services back to the TPO for a detailed analysis, rejecting the TPO's nil valuation and emphasizing the need for evidence-based determination of the arm's length price.

Both the assessee's and the Revenue's appeals were allowed for statistical purposes, with specific issues remitted back to the TPO for further consideration in line with the Tribunal's findings.