2014 (9) TMI 348 - AT - Income Tax

Excess consumption of raw material Held that - As decided in M/s. Parle Biscuits Pvt. Ltd. Versus Addl. CIT. Cent. Mumbai 2010 (8) TMI 881 - ITAT MUMBAI - It has been decided that if the formula of 108.190 is to be applied for the CMUs, then it is necessary that adjustments which are allowed in case of own manufacturing units of the assessee should also be allowed in case of the CMUs thus, the matter is to be remitted back to the AO to allow such adjustments after making necessary verification Decided in favour of assessee. Transfer pricing adjustment Various international transactions with AE Held that - The transactions involving payment of share application money cannot be treated as international transactions of loans given by the assessee company to its AE merely because there was a delay in allotment of shares following the decision in Bharti Airtel Limited (Bharti Crescent) Versus Additional Commissioner of Income Tax Range 2, New Delhi 2014 (3) TMI 495 - ITAT DELHI - the interest rate of LIBOR plus 200 basis point therefore should be taken as arm s length rate of interest to bench-mark the international transactions of the assessee company with its AE involving giving the loans on interest - the AO/TPO is directed to re-compute the TP adjustment to be made in respect of the loan transactions by applying the arm s length rate of interest of LIBOR plus 200 basis point Decided partly in favour of assessee.

Issues Involved:
1. Addition of Rs. 92,02,660/- on account of excess consumption of raw material.
2. Addition of Rs. 5,45,840/- on account of Transfer Pricing (TP) adjustment in respect of various international transactions with Associated Enterprises (AEs).
3. Granting short credit of TDS of Rs. 59,91,009/-.
4. Granting interest u/s 244A of the Income Tax Act.

Issue-wise Detailed Analysis:

1. Addition of Rs. 92,02,660/- on account of excess consumption of raw material:
The assessee, engaged in manufacturing biscuits, was subject to an addition of Rs. 92,02,660/- by the Assessing Officer (A.O.) due to excess consumption of raw materials. The A.O. noted discrepancies between the actual and standard consumption ratios for Contract Manufacturing Units (CMUs) and the assessee's own units. The standard formula applied by the assessee for CMUs was 110.607 kg for 100 kg of final products, whereas for its own units, it was 108.19 kg. The A.O. rejected the assessee's explanation regarding the higher ratio for CMUs and adjusted the consumption ratio to 108.190 kg, resulting in an excess consumption calculation. The Dispute Resolution Panel (DRP) upheld this addition, considering the ongoing contestation before the Bombay High Court. The Tribunal, following its previous orders for AYs 2000-01 to 2003-04, restored the issue to the A.O. for fresh adjudication, directing necessary adjustments similar to those allowed for the assessee's own units.

2. Addition of Rs. 5,45,840/- on account of TP adjustment in respect of various international transactions with AEs:
The assessee was involved in international transactions, including loans to AEs and share application money. The Transfer Pricing Officer (TPO) identified unreported transactions and treated delayed share allotments as loans, applying an interest rate of LIBOR plus 300 basis points. The DRP partially accepted the assessee's contention, reducing the TP adjustment by considering LIBOR plus 200 basis points. The Tribunal, referencing the Delhi Bench's decision in Bharati Airtel Ltd. vs. ACIT, held that share application money cannot be treated as loans due to delayed allotment. Consequently, the Tribunal deleted the addition related to share application money and directed the A.O./TPO to recompute the TP adjustment for loans using LIBOR plus 200 basis points.

3. Granting short credit of TDS of Rs. 59,91,009/-:
The assessee sought a direction for the A.O. to grant credit for TDS after necessary verification. The Tribunal directed the A.O. to verify and grant the TDS credit accordingly.

4. Granting interest u/s 244A of the Income Tax Act:
The issue regarding the granting of interest u/s 244A was deemed consequential. The Tribunal directed the A.O. to provide consequential relief based on the final assessment.

Conclusion:
The appeal was partly allowed, with specific directions for fresh adjudication and adjustments by the A.O. as per the Tribunal's guidelines. The judgment emphasized the necessity of appropriate adjustments and verifications, ensuring compliance with established legal precedents and accurate computation of taxable income.

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