2017 (6) TMI 1240 - HC - Income Tax

Restrict the determination of the ALP to transactions with the AE rather than on the entire turnover of the Company - Held that - The Tribunal has held that the figures are available with the Assessing Officer, the details of which has also been filed with the Tribunal. It would be clear that the details of the international transaction are specifically made available and therefore the apprehension of the department as such is misplaced. Considering the provisions of Section 92 of the Income Tax Act, so also the reasoning adopted by the Tribunal suggesting that separate figures of international transaction are available, so also the order referred above. No substantial question of law arises for consideration.

Summary

Issues Involved:
1. Interpretation of Section 92 of the Income Tax Act regarding determination of arms length price.
2. Whether the arms length price should be restricted only to international transactions with associated enterprises (AE) or the entire turnover of the company should be considered.
3. Consideration of absence of segmental audit of transactions of AE and non-AE.

Analysis:
1. The appeal before the Bombay High Court involved the interpretation of Section 92 of the Income Tax Act regarding the determination of the arms length price (ALP). The Revenue challenged the Tribunal's order pertaining to the Assessment Year 2008-2009.

2. The main issue raised in the appeal was whether the ALP should be determined solely based on international transactions with associated enterprises (AE) or if the entire turnover of the company should be taken into account. The Appellant argued that considering the accounts as composite and not segmental, the international transaction alone could not provide a fair determination of ALP. The Respondent, however, supported the Tribunal's order, emphasizing that as per the clear language of Section 92, the ALP should be based only on international transactions.

3. The Tribunal's order highlighted that the ALP determination should be restricted to international transactions with the AE, as per the decision in a previous case. It was noted that the details of international transactions were available with the Assessing Officer, thus dismissing any concerns about the lack of information. The Court also referenced previous judgments related to the absence of segmental accounts and the consideration of separate figures of international transactions.

4. Ultimately, the High Court dismissed the appeal, stating that no substantial question of law arose for consideration. The decision was based on the provisions of Section 92, the Tribunal's reasoning regarding the availability of separate figures for international transactions, and previous orders on similar issues. The appeal was rejected without costs.

This detailed analysis of the judgment from the Bombay High Court provides a comprehensive overview of the issues involved and the court's decision on each aspect of the case.