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2021 (6) TMI 164 - AT - Income TaxTP Adjustment - ALP adjustment qua receipt of management services - HELD THAT - Case law CIT vs. Cushman and Wakefiled (India) Pvt.Ltd. 2014 (5) TMI 897 - DELHI HIGH COURT and CIT vs. EKL Appliances Ltd 2012 (4) TMI 346 - DELHI HIGH COURT holds that it is not within the domain of the TPO to determine the actual benefits derived from the International transactions in issue which needs to be seen from assessee s view point going by common business prudence only. We make it clear that the assessee has already filed its detailed paper book in the nature of supportive evidence indicating receipt of management services in day to day functioning from its overseas Associated Enterprises. There is no rebuttal coming from Revenue s side that all the said details lack genuineness which could be taken as the benchmark for arriving at nil ALP thereof. We thus hold that the learned lower authorities action making impugned ALP adjustment is not sustainable. The same is directed to be deleted. The assessee succeeds in its first substantive grievance therefore. Interest on receivables addition qua the overdue credit period regarding international transactions between the assessee and its overseas Associated Enterprise - CIT DR fails to rebut the clinching fact that the TPO as well as the CIT(A) have adopted prime lending rate of 14.5% as issued by the SBI which has no relevance to international transactions forming subject matter of ALP determination mechanism before us. All the learned lower authorities have failed to adopt even the most appropriate method MAM before adopting SBI lending than LIBOR rate as the interest on receivables benchmark. There is hardly any dispute that chapter X of the Act is a special provision wherein each and every adjustment qua an assessee s international transaction could be made only after adopting the MAM followed by selection of comparables in the very segment only. We thus direct the TPO to delete the impugned latter adjustment on interest on receivables as well. The assessee succeeds in both of its substantive grievances.
Issues Involved:
1. Receipt of management services 2. Interest on outstanding receivables 3. Rejection of transfer pricing documentation and economic analysis Detailed Analysis: 1. Receipt of Management Services The primary issue concerns the determination of the Arm's Length Price (ALP) for the receipt of management services, which the Assessing Officer (AO) and Transfer Pricing Officer (TPO) determined to be Nil. The AO/TPO did not follow any of the prescribed methods under section 92C(1) of the Income Tax Act, 1961. The TPO questioned the commercial rationale of the business expenses incurred by the appellant and made a transfer pricing adjustment amounting to ?2,84,58,356. The appellant argued that the receipt of management services is closely linked to its overall business and that the transactions should be aggregated under the Transactional Net Margin Method (TNMM). The appellant also contended that the operating profit earned falls within the arm's length range of comparable companies and that the documentation provided substantiates the benefit derived from the management services. The CIT(A) upheld the AO/TPO's decision, stating that the taxpayer did not produce sufficient evidence to demonstrate that management services were actually received or that any economic or commercial value was derived. The CIT(A) emphasized the need for tangible and direct benefits to justify the payment for management services. However, the tribunal referred to case law, including CIT vs. Cushman and Wakefield (India) Pvt. Ltd. and CIT vs. EKL Appliances Ltd., which establish that it is not within the TPO's domain to determine the actual benefits derived from international transactions. The tribunal found that the appellant had provided sufficient evidence indicating receipt of management services and that the lower authorities' action in making the ALP adjustment was not sustainable. Consequently, the tribunal directed the deletion of the ALP adjustment of ?2,84,58,356. 2. Interest on Outstanding Receivables The second issue pertains to the interest on outstanding receivables amounting to ?2,26,05,726. The TPO and CIT(A) considered receivables from Associated Enterprises (AEs) as a separate international transaction and made a transfer pricing adjustment by imputing interest based on the prime lending rate (PLR) of 14.45% per annum issued by the State Bank of India (SBI). The appellant argued that neither the AE nor the appellant had the practice of charging interest on overdue balances from each other. The appellant also contended that the TPO's adoption of the PLR as an arm's length rate was inappropriate and that the TPO failed to adopt the most appropriate method (MAM) for calculating interest on receivables. The tribunal noted that the TPO and CIT(A) had adopted the SBI lending rate instead of the LIBOR rate, which is more relevant for international transactions. The tribunal emphasized that Chapter X of the Income Tax Act requires adjustments to be made only after adopting the MAM and selecting comparables in the relevant segment. Therefore, the tribunal directed the TPO to delete the adjustment on interest on receivables amounting to ?2,26,05,726. 3. Rejection of Transfer Pricing Documentation and Economic Analysis The appellant also raised concerns about the rejection of its transfer pricing documentation and economic analysis by the AO/TPO without robust reasons. The appellant maintained that it had complied with the provisions of section 92D and Rule 10D, which provide for the maintenance of transfer pricing documentation. The tribunal found that the lower authorities had not provided sufficient justification for rejecting the appellant's documentation and economic analysis. The tribunal held that the appellant had discharged its onus by providing substantial documentation demonstrating the necessity and benefits of the services rendered. Consequently, the tribunal allowed the appellant's appeal on this ground as well. Conclusion The tribunal allowed the appellant's appeal, directing the deletion of the ALP adjustment for receipt of management services amounting to ?2,84,58,356 and the adjustment on interest on receivables amounting to ?2,26,05,726. The tribunal emphasized the need for the lower authorities to follow prescribed methods and provide robust reasons for rejecting transfer pricing documentation and economic analysis.
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