2024 (9) TMI 525 - HC - Income Tax

TP Adjustment - MAM - ITAT justification in deleting Written Down Value of Cranes in the books of the Associated Enterprise of the Assessee as ALP as valid CUP - whether ITAT was correct in holding that the Written Down Value in the books of the associated enterprise of the assessee cannot be considered as ALP applying internal CUP and upholding the findings of the DRP that assessee justified the price paid by the valuation of an independent chartered engineer, or customs authorities or determined under DCF Method ? HELD THAT - Although, it was vehemently argued before us that the three methodologies which were taken into consideration were wholly alien to the scheme of Rule 10B of the Rules, we find that ultimately the ITAT has on an overall consideration taken into account the transaction value as identified. Viewed in light of the above and an apparent failure of the appellant to bring forth any other comparable or any other methodology which may have been examined by the TPO, we find no ground to interfere with the view ultimately expressed by the ITAT.

Summary

Issues:
1. Interpretation of Arm's Length Price (ALP) for cranes procured from an Associated Enterprise.
2. Consideration of Written Down Value (WDV) in determining ALP.
3. Rejection of WDV methodology by Transfer Pricing Officer (TPO) and Dispute Resolution Panel (DRP).
4. Application of Rule 10B of the Income Tax Rules, 1962 in determining ALP.
5. Definition of "uncontrolled transaction" under Rule 10A(ab) of the Rules.
6. Consideration of valuation methods like chartered engineer's report, customs authorities, and Discounted Cash Flow (DCF) method for determining ALP.
7. Decision of the Income Tax Appellate Tribunal (ITAT) in accepting the valuation report of the assessee company and deleting the addition made on account of ALP of cranes.
8. Challenge by the appellant against the ITAT's decision.
9. Lack of alternative comparable methodologies presented by the appellant.
10. Dismissal of the appeal.

Analysis:
The High Court considered the appeal challenging the ITAT's order regarding the Arm's Length Price (ALP) for cranes procured from an Associated Enterprise. The dispute centered around the consideration of the Written Down Value (WDV) in determining the ALP. The TPO had used the WDV methodology, which was rejected by the DRP and not confirmed by the ITAT. The WDV approach was deemed inappropriate under Rule 10B of the Income Tax Rules, which requires identifying ALP based on uncontrolled price methods. The court noted that the WDV from associated enterprises did not align with the concept of uncontrolled transactions, as defined in Rule 10A(ab) of the Rules.

The ITAT's decision emphasized that the WDV of cranes from associated enterprises cannot be considered as ALP. The ITAT considered alternative valuation methods like a chartered engineer's report, customs authorities, or the DCF method for determining ALP. The court upheld the ITAT's decision to accept the valuation report of the assessee company and delete the ALP addition, along with interest adjustments. Despite arguments against the methodologies used, the court found no grounds to interfere with the ITAT's overall decision. The appellant failed to present alternative comparable methodologies, leading to the dismissal of the appeal challenging the ITAT's ruling.