Transfer pricing adjustment to international transactions - ...

Software Major's Transfer Pricing Conundrum - FAR Analysis Mandated for Multiple-Year Data Usage.

Case Laws     Income Tax

September 2, 2024

Transfer pricing adjustment to international transactions - Non-satisfaction of conditions prescribed u/r 10B(4) for using multiple year data. Assessee required to perform Functional Asset and Risk (FAR) analysis for each year as factors of comparability may differ. Previous years' data cannot be extrapolated without establishing identical comparability factors. TP study report relying on previous two years' data without current year data rightly rejected. Comparables selection in manufacturing segment - Rejection of certain comparables upheld due to differences in product, raw material, related party transactions exceeding 25%, and impact of intangibles on margins. Remitted to TPO to examine export filter objection for one comparable. TP adjustment in ITES segment - Transactions not covered under MAP resolution substantial. Remitted to TPO/AO for FAR analysis of non-UK transactions to determine if pricing factors similar to UK transactions for adopting MAP price. Expenditure on jigs and fixtures treated as capital expenditure, not revenue, as providing long-term enduring benefit. Assessee's policy of writing off over two years upheld. Working capital adjustment - Remitted to TPO to verify and allow similar adjustment as previous years, if granted earlier.

View Source