2020 (8) TMI 759 - AT - Income Tax

TP Adjustment - payment of interest on fully and compulsorily convertible Indian Rupee denominated debentures ( FCCDs ) to the Associated Enterprises - LIBOR based interest rate to bench mark international transaction of payment of interest on FCCDs denominated in Indian Rupees - HELD THAT - Decision in case of Cotton Naturals 2015 (3) TMI 1031 - DELHI HIGH COURT categorically held that normally there would be a difference between the lending rate and borrowing rate in each country. Economic purpose and substance of the debt claim or debt for which the grant of credit goes for the lending rate would be determining. Thus, in case of capital investment the borrowing rate will apply where as in case of credit allow to a customer, the lending rate would apply. Thus, the decision of the Hon ble Delhi High Court supports the case of the assessee. It is an undisputed fact that the assessee entered into a transaction in domestic currency. The details filed with the RBI clearly set out that the payment was received in INR. The interest should be market determined interest rate applicable to the currency concerned in which the loan has be repaid. In the present case the lending rate is in SBI Prime Lending Rate 300 basis point, which at the time of investment was 14.75% 300 17.75%. In fact, the DRP in A.Y. 2014-15 allowed this claim of assessee. Thus, the AO/TPO and DRP were not correct in using LIBOR based interest rate to bench mark international transaction of payment of interest on FCCDs denominated in Indian Rupees. - Decided in favour of assessee.

Summary

Issues:
1. Jurisdictional error in reference made by the Assessing Officer.
2. Adjustment to the arm's length price of international transactions.
3. Validity of initiation of penalty proceedings.
4. Charging and computing interest under various sections of the Income Tax Act.

Jurisdictional Error in Reference Made by the Assessing Officer:
The appeal was filed against the order passed by the Deputy Commissioner of Income Tax, challenging the jurisdictional error in the reference made by the Assessing Officer to the Transfer Pricing Officer (TPO) without recording proper reasons. The appellant argued that the reference lacked the necessary basis as required under section 92CA(1) of the Income Tax Act. This issue raised concerns regarding the procedural compliance and the necessity of recording reasons for such references.

Adjustment to the Arm's Length Price of International Transactions:
The key contention revolved around the adjustment made by the Assessing Officer, TPO, and the Dispute Resolution Panel (DRP) to the arm's length price (ALP) of the appellant's international transactions, specifically related to interest payments on fully and compulsorily convertible Indian Rupee denominated debentures (FCCDs) to Associated Enterprises (AEs). The appellant challenged the modification of comparability analysis, the use of LIBOR-based interest rates, and the disregard of judicial precedents regarding the application of LIBOR rates to non-foreign currency transactions. The arguments focused on the categorization of FCCDs as equity investments under Indian regulations, the necessity of benchmarking interest rates in Indian Rupees, and the inconsistency in using LIBOR rates for benchmarking.

Validity of Initiation of Penalty Proceedings:
The Assessing Officer and TPO were criticized for not examining the validity of initiating penalty proceedings under section 271(1)(c) of the Income Tax Act. This issue highlighted the failure to address potential penalty implications in the assessment process, raising concerns about the completeness of the assessment and the need for a thorough examination of penalty provisions.

Charging and Computing Interest Under Various Sections:
Another issue involved the charging and computation of interest under sections 234A, 234B, 234C, and 234D of the Income Tax Act. The appellant contested the correctness of interest charges imposed by the Assessing Officer, questioning the compliance with relevant provisions and the accuracy of interest calculations. This issue underscored the importance of accurate interest computations and adherence to statutory provisions in tax assessments.

In conclusion, the judgment addressed multiple issues concerning procedural errors, transfer pricing adjustments, penalty proceedings, and interest computations, ultimately ruling in favor of the appellant based on arguments related to the categorization of FCCDs, benchmarking interest rates, and compliance with regulatory frameworks. The decision highlighted the significance of proper documentation, adherence to legal principles, and consistency in applying regulatory guidelines in tax assessments.