2012 (11) TMI 554 - AT - Income Tax

Transfer pricing adjustment and levy of interest under section 234B Whether transfer pricing adjustment should be computed with respect to gross turnover of the assessee or should be limited to volume of transaction entered into with the associate enterprises Held that - Claim of the assessee is very reasonable as the adjustment has to be made only with respect to transactions with associate enterprises based on arms-length price and not with respect to total purchases/sales. This view is supported by several decisions of the Tribunal - issue restored to the file of AO/TPO for fresh computation of transfer pricing adjustment after necessary examination and after allowing opportunity of hearing to the assessee - In the result, appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
Transfer pricing adjustment, principle of natural justice, levy of interest under section 234B.

Transfer Pricing Adjustment:
The appeal involved a dispute over the transfer pricing adjustment made by the Assessing Officer (AO) as per the direction of the Dispute Resolution Panel (DRP). The appellant challenged the computation of the adjustment, specifically focusing on the method used by the AO for calculating the adjustment related to total purchases from associate enterprises. The appellant argued that the adjustment should only be based on transactions with associate enterprises, not the total purchases. The Tribunal agreed with the appellant's contention, citing previous decisions and directed the issue to be reconsidered by the AO/TPO for a fresh computation based on transactions with associate enterprises.

Principle of Natural Justice:
While the appellant raised concerns about the principle of natural justice, the Tribunal did not delve into this issue as the appellant did not press any of the grounds related to this matter during the hearing. The focus remained on the transfer pricing adjustment issue.

Levy of Interest under Section 234B:
The judgment did not provide detailed analysis or discussion on the levy of interest under section 234B as the primary issue revolved around the transfer pricing adjustment dispute. The Tribunal's decision to allow the appeal for statistical purposes indicated that the primary issue was resolved in favor of the appellant based on the transfer pricing adjustment issue.

In conclusion, the judgment primarily addressed the transfer pricing adjustment dispute raised by the appellant, emphasizing the need for the adjustment to be computed based on transactions with associate enterprises rather than total purchases. The Tribunal's decision to remand the issue for fresh computation highlighted the importance of applying the arm's length principle correctly in transfer pricing assessments.