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2014 (4) TMI 563 - HC - Income TaxDeletion made u/s 92CA(3) of the Act Determination of ALP Authenticity of the rate list Held that - The determination of Arm s Length Price u/s 92C of the Act is to be done as per the Rules contained in Rule 10B Clause A to subsection 10 - In terms of clause (c) of subsection (3) of Rule 10D of the Rules, the price publications as long as it was authentic and reliable, would be relevant materials - mere base of the organisation would be of no consequence - though the price quotations of the MPOB would be entitled to its due and full weightage and respect, would not necessarily mean that the other quotations would lose their significance, unless, it is pointed out that such quotations lack basis - the only objections with the TPO was to take into consideration the rate quotations of the Oil World were, that were not based in Malaysia and that it was an independent organisation, which had nothing to do with the old price prevailing in Malaysia - When the CIT (A) as well as the Tribunal have accepted the reliability and authenticity of the organisation and its publication of rate list, such objection of the TPO must be overruled thus, there was no substantial question of law arises for consideration Decided against Revenue.
Issues Involved:
1. Disallowance under section 14A 2. Addition made under section 92CA(3) of the Act 3. Consideration of quotation of Malaysian oil price for Arms Length Price (ALP) 4. Relevance of quotations by Malaysian Palm Oil Board (MPOB) and Oil World for determining ALP Detailed Analysis: Issue 1: Disallowance under section 14A The Tribunal had restricted the disallowance under section 14A, which the Revenue appealed against. The High Court declined to consider the appeal due to the small sum involved without delving into the legal aspects raised by the Revenue. Issue 2: Addition under section 92CA(3) of the Act The Transfer Pricing Officer (TPO) adopted the Comparable Uncontrolled Prices (CUP) method for determining Arms Length Price (ALP). The TPO rejected the rates quoted by the German organization, Oil World, and relied solely on the rates by the MPOB, a Government Nodal Agency for Palm Oil Industry in Malaysia. The Commissioner of Income Tax (CIT) (Appeals) disagreed with the TPO's objections, emphasizing the authenticity and relevance of Oil World's quotations. The Tribunal upheld the CIT (Appeals) decision, leading to the dismissal of the Revenue's appeal. Issue 3: Consideration of quotation of Malaysian oil price for ALP The TPO's objections to considering Oil World's quotations were based on its location in Germany and being an independent organization. However, the High Court emphasized the importance of authentic and reliable price publications, irrespective of the organization's base. The Court overruled the TPO's objections, highlighting the acceptance of Oil World's reliability by the CIT (Appeals) and the Tribunal. Issue 4: Relevance of quotations by MPOB and Oil World for determining ALP The High Court reiterated the significance of authentic and reliable price publications as per Rule 10D of the Income-tax Rules. It emphasized that while MPOB's quotations deserved respect, other quotations like those from Oil World should not lose significance unless proven lacking in basis. The Court dismissed the appeal, finding no substantial error warranting a question of law. In conclusion, the High Court upheld the decisions of the CIT (Appeals) and the Tribunal, emphasizing the importance of considering multiple authentic sources for determining Arms Length Price and dismissing objections based on the location or independence of the organization providing price quotations.
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