2018 (7) TMI 1094 - HC - Income Tax

TPA - comparable selection - ALP - substantial question of law or fact - Held that - The controversy involved herein is no more res integra in view of the decision of this Court in M/S. SOFTBRANDS INDIA P. LTD. 2018 (6) TMI 1327 - KARNATAKA HIGH COURT , wherein it has been observed that unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable

Summary

Issues:
1. Transfer Pricing - Selection of comparables
2. Transfer Pricing - Arms length price adjustment
3. Comparability of companies for Transfer Pricing
4. Exclusion of consistently loss-making company as comparable

Transfer Pricing - Selection of Comparables:
The High Court addressed the issue of whether the Tribunal was correct in rejecting the comparables selected by the Assessing Officer based on the decision of the Tribunal without considering the reasons assigned by the Transfer Pricing Officer. The Court examined the functional profile of the companies involved and found that the comparables selected were not suitable for the case at hand. Specifically, the Court noted that one of the selected companies was engaged in providing a diverse range of services under its R&D segment, making it incomparable to the company under consideration. The Court emphasized the importance of selecting comparables that align with the specific activities of the assessee to ensure a fair Transfer Pricing analysis.

Transfer Pricing - Arms Length Price Adjustment:
The Court also analyzed whether the Tribunal was correct in holding that the services rendered by the assessee to its associated enterprises should be considered at arms length price without making any adjustments. The Court highlighted the necessity of considering the reasons provided by the Transfer Pricing Officer for arriving at the adjustment in arms length price. By emphasizing the need for a thorough assessment of the pricing mechanism, the Court aimed to ensure a just determination of the arms length price for the services rendered.

Comparability of Companies for Transfer Pricing:
Regarding the comparability of companies for Transfer Pricing purposes, the Court examined the inclusion of a specific company, Neeman Medical International [Asia] Limited, as a comparable. The Court scrutinized the contention that the company should not have been excluded as a comparable based on its occasional loss-making status. The Court found that the company in question was functionally comparable to the assessee and that its occasional losses did not render it consistently loss-making. The Court emphasized the importance of considering functional comparability over isolated financial indicators to ensure a fair comparison for Transfer Pricing analysis.

Exclusion of Consistently Loss-Making Company as Comparable:
The Court referenced a previous decision to establish the principle that unless the finding of the Tribunal is evidently perverse, an appeal under the relevant Act is not maintainable. The Court highlighted that issues related to the selection of comparables and the application of filters for creating comparable lists do not inherently give rise to substantial questions of law. The Court clarified that dissatisfaction with the Tribunal's factual findings alone is insufficient to invoke the relevant legal provisions for appeal. Ultimately, the Court dismissed the appeals filed by the Revenue, emphasizing the need for consistent application of legal standards in Transfer Pricing disputes.