2017 (10) TMI 481 - AT - Income Tax

TPA - selection of the comparables - Held that - Assessee engaged in manufacturing and production of Industrial Valves. Automated and Distributed Control System. It also provide Engineering services, offering innovative automation products, solutions and value adding life cycles fitted to customer s specific needs. It offers environmental technology services e.g. advance process control, advance emission monitoring and authority reporting to help customers in oil and gas, paper and pulp, Power sector and other Industries, thus companies functionally dissimilar with that of assessee need to be deselected from final list of comparability. We find that the observation of the ld. DRP that the assessee has not demonstrated as to how both the divisions are not enter-twined is not at all tenable. By no stretch of imagination, the manufacture and sale of engineering goods on one hand and provision of engineering services on the other can be considered as the same segment unless specific facts to the contrary is put on record. The assessee is claiming that the engineering service segment on stand-alone basis has depicted profit but the goods segment has resulted in loss, which has resulted in the overall loss in the combined results considered in comparability analysis. This aspect deserves proper examination. Hence, we find that the objection of the ld. Counsel of the assessee that the segmental data should be considered in bench marking and comparability analysis is germane. Hence, we uphold the same. Accordingly, the issue is remitted to the file of the TPO. The TPO shall take into account the segmental detail and data and do the analysis afresh.

Issues Involved:

1. Validity of the total income determination by the Assessing Officer (AO) and Dispute Resolution Panel (DRP).
2. Rejection of the arm's length price (ALP) for the international transaction of provision of engineering services.
3. Consideration of consolidated engineering segment instead of only the engineering services segment.
4. Non-consideration of audited segmental accounts.
5. Incorrect computation of the arm's length price due to lower margins from manufacturing activities.
6. Non-allowance of economic adjustments.
7. Cherry-picking of comparable companies.
8. Use of quantitative filters for identification of comparable companies.
9. Rejection of companies selected by the appellant as comparable.
10. Acceptance of functionally dissimilar companies as comparables.

Detailed Analysis:

1. Validity of the Total Income Determination:
The appellant contested the determination of total income by the AO and DRP, arguing that the total income of INR 61,204,050 was contrary to the returned income of INR 45,533,340. The tribunal noted that this ground was general in nature and did not delve into specific details.

2. Rejection of the Arm's Length Price (ALP):
The appellant argued that the AO, TPO, and DRP erred in rejecting the ALP for the international transaction of engineering services, which was determined using a scientific search process and the Transactional Net Margin Method (TNMM) with operating profit/operating cost (OP/OC) as the Profit Level Indicator (PLI). The tribunal noted that this ground was also general in nature.

3. Consideration of Consolidated Engineering Segment:
The appellant contended that the AO, TPO, and DRP erred in considering the consolidated engineering segment for benchmarking the transaction instead of only the engineering services segment. The tribunal found merit in this argument, noting that the engineering segment reported in the financial statement comprised both manufacturing and sale of engineering goods and engineering services. The tribunal directed the TPO to consider the segmental detail and data for analysis afresh.

4. Non-Consideration of Audited Segmental Accounts:
The appellant argued that the AO and DRP erred by not considering the audited segmental accounts furnished during the DRP proceedings, which captured sub-segmental details of engineering services and engineering goods. The tribunal upheld the appellant's plea, directing the TPO to take into account the segmental detail and data for fresh analysis.

5. Incorrect Computation of Arm's Length Price:
The appellant contended that the AO, TPO, and DRP erred in computing the arm's length price without appreciating that the lower margin in the combined segment was due to manufacturing activities and not engineering services rendered to associated enterprises. The tribunal found this argument cogent and directed the TPO to re-examine the segmental data.

6. Non-Allowance of Economic Adjustments:
The appellant argued that the AO, TPO, and DRP erred in not allowing economic adjustments such as start-up cost, capacity, and foreign exchange fluctuation adjustment while computing the margin of comparable companies. The tribunal did not specifically address this issue, as it was intertwined with the segmental data analysis.

7. Cherry-Picking of Comparable Companies:
The appellant submitted that the AO, TPO, and DRP erred by cherry-picking comparable companies without following a scientific search process. The tribunal dismissed this ground as not pressed by the appellant.

8. Use of Quantitative Filters:
The appellant contended that the AO, TPO, and DRP erred in considering quantitative filters like minimum export sales percentage and turnover for identifying comparable companies. The tribunal dismissed this ground as not pressed by the appellant.

9. Rejection of Companies Selected by the Appellant:
The appellant argued that the AO, TPO, and DRP erred in rejecting companies selected in its transfer pricing documentation as comparable by alleging them to be functionally non-comparable. The tribunal dismissed this ground as not pressed by the appellant.

10. Acceptance of Functionally Dissimilar Companies:
The appellant contended that the AO, TPO, and DRP erred in accepting functionally dissimilar companies as comparables for determining the arm's length price. The tribunal noted that this issue would arise only after the adjudication of the earlier issue regarding segmental data and hence did not deal with it separately.

Conclusion:
The tribunal allowed the appeal for statistical purposes, directing the TPO to re-examine the segmental data and perform a fresh analysis. The tribunal emphasized the need for proper examination of segmental details and data for accurate benchmarking and comparability analysis. The order was pronounced in the open court on 06.10.2017.

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